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Acts and resolutions of the General Assembly of the state of Georgia, 1982, volume I

Metadata
Text

Collection:: Georgia Government Publications
Title:: Acts and resolutions of the General Assembly of the state of Georgia, 1982, volume I
Creator:: Georgia. General Assembly
Publisher:: Atlanta, Ga. : Georgia. General Assembly
Date of Original:: 1982
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 1982 V.1
Metadata URL:: https://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bl407-b1982-bv-p1
Digital Object URL:: https://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bl407-b1982-bv-p1
Language:: eng
Holding Institution:: University of Georgia. Map and Government Information Library
Rights:

Received
oCniB8Z
OOCUMO"*
UGA UBRAtS

Compiler's Note
General Acts and Resolutions of the 1982 Session are
grouped in Volume One beginning at page 1. Proposed
amendments to the Constitution are grouped together begin-
ning at page 2503, of Volume One. This volume is bound
separately.
Local and Special Acts and Resolutions are grouped in Vol-
ume Two beginning on page 3^501. Revisions and amendments
of municipal charters made pursuant to the Municipal Home
Rule Act of 1965 as amended and filed in the office of the
Secretary of State during 1981 are printed in Volume Two
beginning on page 5173. Home Rule Actions by Counties filed
in the office of the Secretary of State during 1980 are printed
in Volume Two beginning on page 5119.
There are no numbered pages between 2905 and 3501.
The indexes are printed in each volume and covers the ma-
terial 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
1982
Compiled and Published by Authority of the State
Volum* I
Gft
lHoI
\!.9-
Cjrute
GEORGIA LAWS 1982
TABLE OF CONTENTS
VOLUME ONE
Acts by NumbersPage References................................. iv
Bills and ResolutionsAct Number References..................... xii
Acts and Resolutions of General Application..................... 2A
Resolutions Proposing Amendments to the Constitution............ 2503
Vetoes by the Governor, 1979 Session............................ 2690
Map of Counties and Judicial Circuits........................... 2705
Appellate CourtsPersonnel ..................................... 2706
Superior CourtsPersonnel and Calendars......................... 2707
IndexTabular.................................................... 2717
IndexGeneral ................................................... 2744
Population of Georgia CountiesAlphabetically................... 2798
Population of Georgia CountiesNumerically...................... 2801
Georgia Senatorial Districts, Alphabetically by County.......... 2803
Georgia Senators, Alphabetically by Name........................ 2805
Georgia Senators, Numerically by District....................... 2807
Georgia House Districts, Alphabetically by County .............. 2809
Georgia Representatives, Alphabetically by Name................. 2811
Georgia Representatives, Numerically by District................. 2819
Status of Referendum Elections for the Years 1953-1980 ......... 2827
TABLE OF CONTENTS
VOLUME TWO
Acts by NumbersPage References................................. iv
Bills and ResolutionsAct Number References..................... xii
Acts and Resolutions of Local Application....................... 3503
County Home Rule Actions ........................................ 5119
Municipal Home Rule Actions...................................... 5173
Vetoes by the Governor, 1979 Session............................ 5359
Map of Counties and Judicial Circuits........................... 5374
Appellate CourtsPersonnel....................................... 5375
Superior CourtsPersonnel and Calendars......................... 5376
IndexTabular.................................................... 5386
IndexGeneral ................................................... 5413
Population of Georgia CountiesAlphabetically.................... 5467
Population of Georgia CountiesNumerically....................... 5470
Georgia Senatorial District, Alphabetically by County........... 5472
Georgia Senators, Alphabetically by Name......................... 5474
Georgia Senators, Numerically by District........................ 5476
Georgia House Districts, Alphabetically by County .............. 5478
Georgia Representatives, Alphabetically by Name.................. 5480
Georgia Representatives, Numerically by District................. 5488
Status of Referendum Elections for the Years 1953-1980 ......... 5496
Act 1
Act 1
828
829
830
831
832
833
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835
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839
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855
856
857
858
859
860
861
862
863
864
865
866
867
868
869
870
871
872
873
Page Act No.
Page
ACTS BY NUMBERS, PAGE REFERENCES
Page Act No. Page
3503 874 3619
1 875 3621
3 876 . . ................... 479
150 877 3626
152 878 3627
3508 879 3632
3510 880 3638
3519 881 486
156 882 3648
3530 883 3678
3562 884 3680
3564 885 3684
3568 886 3689
3573 887 3692
3575 888 3696
158 889 3700
158 890 3702
165 891 .3705
3578 892 488
206 893 . . . ................. 493
403 894 495
3582 895 3707
410 896 497
412 897 3715
420 898 501
3590 899 3721
422 900 3723
3592 901 3725
425 902 3728
3595 903 3733
3598 904 3736
3602 905 3738
428 906 3745
430 907 3749
434 908 3753
436 909 3763
437 910 3766
439 911 3768
442 912 3772
3607 913 3787
444 914 502
3610 915 3789
452 916 3797
3612 917 3803
3614 918 504
3616 919 3806
iv
Act f
920
921
922
923
924
925
926
927
928
929
930
931
932
933
934
935
936
937
938
939
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941
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951
952
953
954
955
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957
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961
962
963
964
965
966
967
Page
4022
4024
4031
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4040
4042
4044
4046
4047
4049
4055
4057
4060
4061
4063
4066
4068
4071
4074
4078
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4092
4094
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4103
4107
4109
4111
4115
4118
4120
4122
4124
4126
520
4131
4134
4138
4139
4148
4154
4157
4162
4166
4174
4181
521
Page Act No.
3843 970
3844 971
3846 972
3848 973 .
3851 974
3852 975
3854 976
3859 977 .
3861 978 .
3864 979
3866 980
3870 981
3872 982 .
3881 983
3885 984
3887 985
506 986
3890 987 .
3892 988
3894 989 .
3897 990
3899 991
3910 992 .
3913 993
507 994 .
3916 995
3919 996
509 997
3920 998
511 999
3923 1000
3925 1001
3929 1002
3931 1003 .
3935 1004
3938 1005
3940 1006
513 1007
3941 1008 .
515 1009
3943 1010 .
3947 1011
3950 1012
3954 1013
4001 1014
4003 1015
4006 1016
4009 1017
518 1018
4012 1019
V
Act No.
Page
1020
1021
1022
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1024
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Page Act No.
. . 4184 1070 4303
. 523 1071 4305
, . 4188 1072 546
... 4190 1073 4306
4193 1074 ....................... 4309
. . 4195 1075 ....................... 547
4196 1076 . ..................... 4310
..... 4197 1077 548
.... 526 1078 4321
....... 4199 1079 4322
. . 4208 1080 552
........... 4209 1081 4325
. . 4211 1082 4331
.... 531 1083 4334
.............. 4214 1084 4336
....... 4216 1085 4339
... 4218 1086 4342
....... 4221 1087 4345
.................. 4223 1088 4348
............. 4225 1089 4350
.......... 4228 1090 4353
....................... 4230 1091.......................... 4354
.................... 4232 1092 4382
..................... 533 1093 4385
....................... 4235 1094 4392
.................. 4239 1095 4396
.............. 4242 1096 4402
.................... 534 1097 4406
................ 4247 1098 4409
.................... 536 1099 4414
....... 4249 1100 4417
....................... 4251 1101 4419
....................... 4255 1102 4421
....................... 537 1103.......................... 4423
..................... 538 1104 4427
....................... 4258 1105 575
....................... 4270 1106 4428
....................... 4274 1107 4431
....................... 4277 1108 4435
....................... 4283 1109 4439
....................... 4285 1110 4441
....................... 4288 1111 4443
...................... 4291. 1112 4445
....................... 4293 1113 4448
....................... 4295 1114 4450
....................... 4298 1115 4452
..................... 4300 1116 4465
....................... 541 1117 4469
.................... 543 1118 4471
....................... 544 1119 4473
vi
Act No.
Page Act No.
Page
1120 .
1121 .
1122 .
1123 .
1124
1125
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1127
1128
1129
1130
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. 4520
4522
. 682
. 4523
. 4530
. 4531
. 686
. 4536
. 4537
. 4540
. 4544
. 4546
. 4548
. 586
. 4550
. 4558
. 4561
. 4568
. 4570
. 588
. 4575
. 589
. 4578
. 4581
. 590
. 4583
. 4584
. 4586
. 4589
4592
1170
1171 .
1172
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1177
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4594
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4657
4659
696
4665
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4670
4672
4674
603
615
644
650
682
684
686
688
692
694
696
698
. 702
. 706
. 712
. 718
. 720
. 723
. 776
. 779
. 782
Act No.
Page Act No.
Page
1220
1221
1222
1223
1224
1225
1226
1227
1228
1229
1230
1231
1232
1233
1234
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849
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853
856
857
864
867
869
871
873
875
877
879
881
883
886
890
892
896
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903
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910
913
915
920
1270
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1302
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1311
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1319
922
925
928
930
933
4676
934
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4781
936
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4790
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4801
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952
955
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961
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970
974
975
978
980
982
984
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988
989
991
993
4829
996
4831
4832
4834
4837
4839
4841
4843
4845
4847
4849
Vlll
Page
Act No. Page
1320 ......................... 4852
1321 ......................... 4853
1322 ......................... 4859
1323 ......................... 4861
1324 ......................... 4864
1325 ......................... 4867
1326 ......................... 999
1327 ......................... 1001
1328 ......................... 1019
1329 ......................... 1023
1330 ......................... 1054
1331 ......................... 1056
1332 ......................... 1060
1333 ......................... 1063
1334 ......................... 1065
1335 ......................... 1073
1336 ......................... 1075
1337 ......................... 1077
1338 ......................... 1081
1339 ......................... 1085
1340 ......................... 4869
1341 ......................... 4896
1342 ......................... 1087
1343 ......................... 4909
1344 ......................... 4915
1345 ......................... 4926
1346 ......................... 4935
1347 ......................... 4985
1348 ......................... 4987
1349 ......................... 1089
1350 ......................... 1093
1351 ......................... 1095
1352 ......................... 1097
1353 ......................... 1101
1354 ......................... 1103
1355 ......................... 1105
1356 ......................... 1106
1357 ......................... 1108
1358 ......................... 1110
1359 ......................... 1111
1360 ......................... 1114
1361 .........................1116
1362 ......................... 1118
1363 ......................... 1120
1364 ......................... 1122
1365 ......................... 1134
1366 ......................... 1136
1367 ......................... 1144
1368 ......................... 1148
1369 ......................... 1150
Act No.
1370 ........................ 1153
1371 ........................ 1156
1372 ........................ 1163
1373 ....................... 5002
1374 ........................ 1171
1375 ........................ 1174
1376 ........................ 1175
1377 ........................ 1177
1378 ........................ 1178
1379 ........................ 5031
1380 ........................ 1180
1381 ........................ 1181
1382 ........................ 1183
1383 ........................ 1184
1384 ........................ 1186
1385 ........................ 1187
1386 ........................ 1189
1387 ........................ 1192
1388 ........................ 1197
1389 ........................ 1199
1390 ........................ 1204
1391 ........................ 1207
1392 ........................ 1212
1393 ........................ 1217
1394 ........................ 1221
1395 ........................ 1224
1396 ........................ 1227
1397 ........................ 1228
1398 ........................ 1230
1399 ........................ 1232
1400 ........................ 5040
1401 ........................ 1234
1402 ........................ 1242
1403 ........................ 1244
1404 ........................ 1245
1405 ........................ 1249
1406 ........................ 1251
1407 ........................ 1253
1408 ........................ 1254
1409 ........................ 1255
1410 ........................ 1257
1411 .........................1262
1412 ........................ 1263
1413 ........................ 1264
1414 ........................ 1267
1415 ........................ 1271
1416 ........................ 1273
1417 ........................ 1278
1418 ........................ 1281
1419 ........................ 1283
IX
Act t
1420
1421
1422
1423
1424
1425
1426
1427
1428
1429
1430
1431
1432
1433
1434
1435
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1437
1438
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1440
1441
1442
1443
1444
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1446
1447
1448
1449
1450
1451
1452
1453
1454
1455
1456
1457
1458
1459
1460
1461
1462
1463
1464
1465
1466
1467
Page Act No. Page
1285 1470 .......................... 1658
1267 1471 .......................... 1659
5046 1472 .......................... 1661
1288 1473 .......................... 1667
1290 1474 1670
1292 1475 .......................... 1676
5049 1476 .......................... 1678
5051 1477 .......................... 1686
1356 1478 .......................... 1689
1361 1479 1693
1364 1480 .......................... 5072
1369 1481 .......................... 5096
1371 1482 1694
1373 1483 .......................... 1699
1376 1484 .......................... 1706
1385 1485 .......................... 1716
1416 1486 .......................... 1726
1431 1487 .......................... 1729
1463 1488 .......................... 1737
1476 1489 .......................... 1751
1486 1490 .......................... 5099
1493 1491 .......................... 1753
1499 1492 .......................... 1768
1502 1493 .......................... 1771
1504 1494 1779
1512 1495 .......................... 1781
1568 1496 :......................... 1782
1577 1497 1784
1578 1498 ........................ 1787
1582 1499 .......................... 1789
1584 1500 .......................... 1791
1589 1501 ........................ 1804
1592 1502 ........................ 5100
1597 1503 .......................... 1807
1601 1504 .......................... 1810
1603 1505 . ........................ 1813
1605 1506 .......................... 5101
1607 1507 .......................... 1853
1610 1508 .......................... 1855
1612 1509 .......................... 1860
1617 1510 .......................... 1862
1619 1511 .......................... 1864
1621 1512 ........................ 1867
1624 1513 .......................... 1871
1629 1514 1876
1633 1515 .......................... 2076
1637 1516 .......................... 2107
1644 1517 2188
1650 1518 ...................... . . : 5114
1653 1519 .......................... 2199
X
Act No. Page Act No. Page
1520 ......................... 2207 1545 ........................... 2321
1521 ......................... 2211 1546 ........................... 2325
1522 ......................... 2214 1547 ........................... 2333
1523 ......................... 2215 1548 .......................... 2336
1524 ......................... 2219 1549 ........................... 2339
1525 ......................... 2222 1550 ........................... 2359
1526 ......................... 2224 1551 ........................... 2360
1527 ......................... 2228 1552 ........................... 2362
1528 ......................... 2244 1563 ........................... 2367
1529 ........................ 2248 1554 ........................... 2370
1530 ......................... 2261 1555 ........................... 2374
1531 ......................... 2266 1556 ........................... 2376
1532 ......................... 2269 1557 ........................... 2378
1533 ......................... 2271 1558 ........................... 2382
1534 ......................... 2273 1559 ........................... 2389
1535 ......................... 2274 1560 ........................... 2403
1536 ......................... 2283 1561 ........................... 2478
1537 ......................... 2286 1562 ........................... 2483
1538 ......................... 2298 1563 ........................... 2485
1539 ......................... 2300 1564 ........................... 2495
1540 ......................... 2304 1565 ........................... 2496
1541 ......................... 2306 1566 ........................... 2497
1542 ........................ 2308 1567 .......................... 2499
1543 ........................ 2310 1568 .......................... 2500
1544 ........................ 2319
RESOLUTIONS BY NUMBER
Res. No. Page Res. No. Page
84 .......................... 3507 104 1325
85 ........................... 154 105 5057
86 ........................... 1300 106 5058
87 ........................... 1303 107 1327
88 ........................... 1305 108 5059
89 ........................... 1307 109 5060
90 .......................... 1309 110 1328
91 ........................... 1311 111 1331
92 ........................... 1313 112 1333
93 ........................... 1315 113 1336
94 ........................... 1317 114 1338
95 ......................... 1318 115 1339
96 .......................... 5054 116 5061
97 .......................... 5055 117 2504
98 .......................... 5056 118 2505
99 ........................... 1319 119 2507
100 ......................... 1320 120 2509
101 .......................... 1321 121 2511
102 ......................... 1322 122 2513
103 .......................... 1323 123 2515
xi
Res. No.
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
Page Res. No. Page
. . 2517 164 2615
.. 2519 165 2616
. 2522 166 2618
,. 2524 167 2634
. . 2540 168 2635
. 2542 169 2637
. . 2544 170 2639
2546 171 .......................... 2640
. . 2547 172 2643
. . 2549 173 2645
.... 2551 174 2647
. . 2555 175 2649
.. 2556 176 2653
. . 2557 177 2655
. . 2563 178 2657
. . 2564 179 2659
. . 2566 180 2663
..... 2568 181 2664
..... 2570 182 2669
. . 2573 183 2675
..... 2575 184 2677
..... 2576 185 2680
.... 2578 186 1341
..... 2582 187 1342
..... 2584 188 1345
..... 2586 189 1346
..... 2588 190 5062
..... 2590 191 5063
..... 2592 192 5064
..... 2593 193 5065
..... 2595 194 1348
..... 2597 195 5066
..... 2598 196 1349
..... 2600 197 5068
..... 2601 198 5069
..... 2605 199 1352
..... 2607 200 1355
..... 2609 201 5070
..... 2610 202 2195
..... 2613 203 2197
BILLS AND RESOLUTIONSACT NUMBER
REFERENCES
House Bill Act No. House Bill Act No.
48 ......................... 1431 73 ........................ 1432
55 ....................... 1506 76 ........................ Veto 18
56 ....................... 1206 84 ........................ 1207
xii
House Bill Act No. House Bill Act No.
94 ......................... 1386 1097 844
127 .......................... 1228 1102 1437
148 .......................... 1537 1109 1540
153 .......................... 1262 1110 0........................ 1541
218 .......................... 1433 1111 1066
251 .......................... 1229 1118 869
291 .......................... 1387 1141 829
307 .......................... 1230 1142 831
364 .......................... 1263 1144 881
371 .......................... 1388 1145 832
407 .......................... 1092 1147 837
425 .......................... 1264 1153 1222
454 ........................ 1231 1156 845
455 ........................ 1208 1157 1223
456 ........................ 1209 1158 1067
460 .......................... 1210 1160 1542
485 .......................... 1389 1161 1543
530 ....................... Veto 19 1162 .......................... 1224
558 .......................... 1538 1167 ....................... Veto 23
580 .......................... 1482 1168 1068
589 .......................... 1483 1169 1069
610 .......................... 1513 1170 1070
629 .......................... 1211 1171 1071
634 .......................... 1265 1172 863
638 .......................... 1212 1175 1544
647 .......................... 1157 1179 1225
717 .......................... 1366 1181 1072
723 .......................... 1266 1182 1073
732 .......................... 1214 1184 1074
739 .......................... 1215 1189 1226
767 .......................... 1367 1191 1369
774 .......................... 1434 1192 1227
780 .......................... 1216 1197 1075
782 .......................... 1217 1200 1545
813 .......................... 1435 1202 1232
823 .......................... 1218 1204 1233
856 .......................... 1267 1205 1234
870 .......................... 1219 1206 1235
883 .......................... 1220 1207 1327
901 ........................ 1268 1209 1370
902 ........................ 1269 1210 1546
904 .......................... 1436 1212 1076
931 .......................... 1221 1218 1328
943 ........................ 1064 1222 1076
944 ........................ 1307 1223 1547
993 .......................... 1539 1224 1567
1015 ......................... 1065 1229 1077
1055 ......................... 1270 1230 1078
1074 ......................... 1368 1231 1329
1087 .......................... 862 1235 847
xiii
House Bill
Act No. House Bill
Act No.
1236
1237
1240
1243
1245
1246
1249
1250
1251
1252
1256
1259
1261
1262
1264
1266
1267
1268
1270
1271
1272
1273
1274
1276
1277
1281
1283
1284
1285
1290
1291
1292
1293
1296
1299
1300
1301
1302
1303
1304
1307
1308
1313
1314
1315
1319
1321
1323
1324
1327
1514
. 1330
. . 1548
. 896
1079
1080
1484
. 1081
. . 1331
1438
Veto 20
. 1485
. . 1371
. . 1082
. 857
... 858
. . 1332
.. 1271
. 1549
.. 1083
.. 1084
. 833
. . . 1287
. 850
... 1085
... 1288
... 1550
. . . 1289
. . 1272
. . 1439
. . 1273
. . . 1290
1440
... 1047
. . . 1291
. . . 1292
. . . 1551
... 864
... 1308
. . . 1048
... 1293
... 1486
. . . . 1552
1553
1372
1011
1294
1295
1296
1274
1328
1335
1336
1337
1339
1340
1341
1342
1343
1345
1348
1349
1351
1352
1355
1357
1358
1359
1360
1363
1364
1365
1368
1373
1375
1378
1380
1381
1382
1384
1385
1386
1387
1389
1390
1391
1395
1396
1399
1400
1401
1402
1403
1404
1406
1407
1408
1410
1411
1412
1297
1428
1429
1430
1298
1299
935
1351
1093
856
1352
1554
1353
1555
1300
1373
1301
865
1049
1441
1302
843
1556
1557
1558
1303
1012
1304
1305
1306
1236
1237
. 1238
. . . 1239
Veto 24
. 1559
1442
. 1013
. . . 1240
. . . 851
. . 1515
. . . 1050
. . . 1354
. . . 1051
. . . 1355
... 1390
. . . 1391
. . . 866
... 1052
. . . 1014
XIV
1413
1416
1417
1418
1419
1421
1424
1426
1428
1429
1433
1434
1435
1436
1437
1438
1440
1443
1444
1445
1447
1449
1450
1451
1452
1453
1454
1455
1459
1464
1467
1470
1471
1474
1477
1478
1479
1480
1481
1483
1486
1487
1488
1490
1491
1492
1495
1497
1499
1501
Act No. House Bill Act No.
1241 1502 1361
937 1503 951
938 1504 952
939 1505 l.. 867
1242 1506 953
1356 1508 1564
1357 1509 1333
870 1513 1393
940 1518 1334
1516 1519 1335
1358 1523 954
941 1524 955
1560 1525 1487
1517 1527 1336
1359 1529 1362
846 1531 956
942 1532 957
943 1533 1565
1562 1534 1363
944 1537 958
852 1538 959
. 1243 1541 1337
1244 1546 1361
945 1547 1394
946 1549 1338
871 1550 1339
872 1551 999
947 1552 998
848 1553 1249
1563 1554 1250
1360 1555 1015
1245 1557 854
. 948 1558 1365
1246 1560 1000
853 1563 1251
838 1564 1001
1247 1565 1002
882 1566 1003
883 1567 1004
949 1568 1005
1340 1569 1006
950 1570 849
895 1571 835
1561 1575 839
1392 1576 840
1094 1577 841
1444 1578 842
1095 1584 1252
1248 1585 1374
1341 1586 1342
XV
House Bill
Act No. House Bill
Act No.
1587
1589
1594
1595
1596
1597
1599
1601
1609
1610
1612
1616
1618
1622
1623
1624
1625
1626
1629
1630
1631
1634
1635
1636
1638
1640
1641
1642
1644
1646
1647
1649
1650.
1651
1653
1661
1662
1663
1664
1665
1666
1667
1668
1669
1671
1672
1673
1674
1675
1677
876
877
1096
1007
873
1008
1109
1253
878
879
874
936.
1254
1110
1111
1112
1097
1113
1114
1375
1255
1256
1115
1395
1396
1116
1376
1257
1117
1118
1119
1120
1121
1122
1123
1124
1125
1126
1127
1128
960
961
962
963
1377
1016
986
891
987
988
1679
1680
1681
1683
1687
1689
1690
1691
1693
1695
1698
1700
1701
1702
1705
1706
1707
1710
1711
1712
1713
1714
1715
1717
1718
1719
1720
1721
1724
1725
1727
1728
1729
1730
1731
1732
1736
1737
1739
1740
1741
1742
1744
1748
1749
1751
1752
1753
1755
1758
. . . 989
. 880
. 990
. .. 1518
... 855
. . 991
992
.. . 1017
.. . 1378
. .. 1258
. .. 1053
. . 1309
. . 859
993
.. 994
. . 1259
. .. 1379
. . 995
... 996
... 997
.. . 1009
... 1380
.. 894
. .. 1010
. . 897
... 898
. . 899
. . 900
.. . 1443
.. . 1343
. . 901
. .. 1344
. .. 1381
. . 1397
.. . 902
.. . 1098
Veto 21
. .. 1018
. .. 903
. . . 904
. . 905
... 1566
... 906
.. 907
. .. 1019
. . 908
. . . 1260
... 909
... 1382
910
XVI
House Bill Act No. House Bill Act No.
1759 ......................... 911 1825 1400
1760 ........................ 1020 1826 1311
1766 ......................... 1021 1829 1312
1767 ........................ 1022 1830 1313
1768 ........................ 1023 1831 1314
1773 ........................ 1507 1832 1315
1774 ........................ 1383 1833 1316
1775 ........................ 1024 1834 1317
1776 ......................... 1398 1835 1318
1779 ......................... 1025 1836 1275
1780 ......................... 1399 1837 1319
1781 ......................... 1026 1838 1385
1782 ......................... 1027 1839 1320
1783 ......................... 1261 1841 884
1784 ......................... 1129 1842 885
1785 ......................... 1130 1843 886
1786 ......................... 1131 1844 887
1787 ......................... 1132 1845 888
1788 ......................... 1133 1847 1488
1789 ......................... 1134 1848 1321
1790 ......................... 1135 1850 1322
1792 ......................... 1136 1851 1323
1793 ......................... 1137 1852 1324
1794 ......................... 1138 1853 1325
1795 ......................... 1139 1854 1158
1796 ......................... 1140 1856 1159
1797 ......................... 1141 1856 1160
1798 ......................... 1142 1857 1161
1799 ......................... 1143 1858 1162
1800 ......................... 1144 1859 1029
1801 ......................... 1147 1860 1163
1802 ......................... 875 1862 1164
1804 ......................... 1146 1863 1165
1805 ......................... 1145 1864 1166
1806 ......................... 1099 1865 1167
1807 ......................... 1100 1866 1168
1808 ......................... 1101 1867 1169
1809 ......................... 1102 1868 1170
1810 ......................... 1103 1869 1171
1811 ......................... 1028 1870 1172
1812 ......................... 1345 1871 1173
1813 ......................... 1104 1872 1030
1814 ......................... 1384 1874 1031
1815 ......................... 1105 1875 1032
1816 ......................... 1086 1876 1033
1817 ......................... 1087 1877 1276
1818 ......................... 1088 1878 1034
1819 ......................... 1089 1879 1035
1822 ......................... 1090 1881 1036
1823 ......................... 1310 1882 1037
xvii
House Bill
1883
1884
1885
1886
1887
1888
1889
1890
1891
1893
1894
1896
1897
1898
1899
1900
1901
1902
1903
1904
1906
1908
1909
1910
1911
1912
1918
1919
1920
1921
1922
1926
1927
1928
1929
1930
1931
1937
1939
1941
1942
1943
1944
1945
1946
1947
1948
1949
1950 .
1951 .
Act No. House Bill
Act No.
. . 1038
.. 1039
. . 1040
. . 1041
. . 1277
. . 1278
. 967
. 889
. 1042
. 1043
. 1174
. 1175
, 1176
. 1279
. 968
. 1445
. 1177
. 1178
. 1179
. 1180
. 1508
. 1346
. 1181
. 1182
. 1183
. 1184
. 1185
. 969
. 1186
1326
. 970
. 1280
. 1187
. 1188
1189
971
972
1190
1191
1347
973
1281
1192
1282
1283
.1193 .
1148
1284
1285
974
1952 .
1953 .
1956 .
1957 .
1958 .
1959 .
1960 .
1961
1962
1963 .
1964
1965 .
1966
1967 .
1968 .
1969 .
1970 .
1971 .
Senate Bill
4 .
60 .
78 .
83 .
142 .
' 147 .
165
197 .
207 .
208
227 .
253;:.
312 .
i25 .
343 .
344
364 .
379 .
417 .
430 .
446
457 .
.458 .
463 .
464
468 .
469 .
470 .
471 .
. 975
. 976
977
. . 1348
. 978
. 979
. 980
. 981
. 982
. 983
. 890
. 984
. 985
. 1106
. . 1107
. . 1149
1286
. 1108
Act No.
.. 1519
1520
. 1446
. . 1521
. 1447
... . 917
.. 1502
. . 918
... 1401
1489
. . 1402
... 1199
. . 1403
___ 1448
Veto 13
. . . . 1404
. . 1200
. . 1201
. . . 1405
. . 919
924
1490
... 925
. 1522
. 1202
. . 1491
... 928
Veto 22
1492
xviii
Senate Bill
Act No. Senate Bill
Act No.
474
476
477
479
480
482
485
489
491
497
498
499
500
502
503
505
506
509
511
517
519
522
523
528
531
538
540
546
547
549
550
551
552
555
558
560
564
567
579
581
582
583
584
590
591
592
593
596
599
601
. 830
1406
1407
. 1523
1524
1408
1449
1450
1409
. 1451
1525
1568
1452
1453
1410
1411
. 1454
1412
Veto 14
1413
1510
Veto 15
1455
1414
. 1456
1415
1526
. 929
. 930
. 920
. . 1527
1457
. 1528
1458
Veto 16
1416
1203
1459
. 1503
1629
. 1460
. . 1417
Veto 17
1461
. 836
. 1462
1463
. 1464
. 1465
. . 1530
602
603
604
608
610
611
616
617
620
622
623
624
625
626
628
629
630
631
632
633
634
636
637
638
639
642
644
650
651
652
653
654
655
659
660
661
662
663
664
666
667
669
678
680
681
683
684
685
686
687
. 1466
1418
1531
1419
834
921
1532
. 1533
. 1467
. 1420
. 1468
1421
860
1493
922
923
. 1194
1195
1494
. 1196
1197
1150
1151
1198
1469
1534
1470
1495
1152
931
1422
1153
1471
1154
1204
1472
1496
1423
932
892
1424
1497
1205
1498
861
1504
1473
1474
1155
1156
XIX
Senate Bill
Act No. House Resolution
Res. Act No.
688
689
692
693
696
698
700
701
703
709
710
711
712
713
714
715
716
717
720
726
728
729
730
735
737
742
746
747
751
752
765
756
757
758
759
760
764
769
770
771
773
774
775
776
777
778
779
780
782
912
1425
933
1499
1475
1091
934
893
1535
1349
1509
1476
868
1500
1350
1511
913
914
1536
915
1505
916
1477
1501
1044
1426
1054
1478
1055
1056
1057
1058
1045
1479
1059
1060
1512
1061
1062
1046
1063
1480
926
927
964
965
. 966
. 1481
. 1427
27
57
106
158
243
253
265
303
331
510
513
514
517
518
519
528
533
536
540
542
545
559
562
563
573
577
583
585
589
591
592
593
594
596
597
617
619
622
624
625
634
636
639
640
656
657
658
663
668
669
96
97
98
132
190
84
99
133
191
134
135
100
136
192
101
193
194
85
137
102
195
103
104
138
139
196
105
106
107
140
108
109
141
197
142
143
110
144
111
145
146
147
148
149
198
150
203
151
112
152
XX
670
671
672
698
699
700
701
705
707
710
713
715
716
718
730
740
741
743
746
747
748
751
753
755
758
774
775
777
780
782
787
789
793
813
816
817
822
Act No. Senate Bill Act No.
.. 153 823 184
.. 154 826 185
.. 155 828 201
. 156
167 Senate Resolution Res. Act No.
.. 158
169 29 186
HI 38 ............................. 117
.. 113 120 ........................... 86
199 171 87
161 225 118
114 226 187
. 162 227 119
.. 163 229 88
lg4 249 .............................. 89
. 165 250 90
. 166 264 120
167 266 ........................... 121
168 267 122
116 270 188
. 169 271 91
170 274 202
171 275 92
. 116 281 93
172 292 123
173 293 124
174 294 125
175 309 126
. 176 310 94
... 200 320 127
177 321 128
. 178 324 95
179 330 129
180 333 130
! 181 340 131
. 182 346 189
. 183
xxi

ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
1982
Compiled and Published by authority of The State

ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
1982
SUPPLEMENTARY APPROPRIATIONS ACT.
No. 829 (House Bill No. 1141).
AN ACT
To provide supplementary appropriations for
the State Fiscal Year ending June 30, 1982, in
addition to any other appropriations heretofore or
hereafter made for the operation of State govern-
ment and for the purposes provided for herein; to
confer certain responsibilities upon the Office of
Planning and Budget; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
That the sums hereinafter provided are appro-
priated for the State Fiscal Year beginning July 1,
1981, and ending June 30, 1982, as prescribed
hereinafter for such fiscal year, and are in addition
to any other appropriations heretofore or hereafter
made for the operation of State government.
Section 1. State of Georgia General
Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt
Sinking Fund (new).......................$16,356,000
2-B
GENERAL ACTS AND RESOLUTIONS, VOL. I
A. Provided that from the above appropri-
ated amount for the State of Georgia General
Obligation Debt Sinking Fund, $1,069,000 is spe-
cifically appropriated for the purpose of increasing
the debt-sinking-fund appropriation for the con-
structing and equipping of the Georgia Public
Safety Training Academy and for increasing to
$5,810,000 the principal amount of General Obli-
gation Debt authorized for such constructing and
equipping in HB162 of the 1981 Regular Session of
the Georgia General Assembly.
B. Provided, that from the above appropri-
ated amount for the State of Georgia General
Obligation Debt Sinking Fund, $1,272,000 is spe-
cifically appropriated for the purpose of increasing
the debt-sinking-fund appropriation for the
expansion of the facilities of the Georgia Ports
Authority and for the purpose of increasing to
$42,375,000 the principal amount of General Obli-
gation Debt authorized for such expansion in HB
162 of the 1981 Regular Session of the Georgia
General Assembly.
C. Provided, that from the above appropri-
ated amount for the State of Georgia General
Obligation Debt Sinking Fund, $6,320,000 is spe-
cifically appropriated for the purpose of financing
the expansion of the Georgia World Congress
Center. This $6,320,000 appropriation shall be
combined with the $4,740,000 remaining portion of
the $9,130,000 appropriated in Ga. Laws 1981, pp.
1036, 1224 for the same purpose so as to finance
expansion of the Georgia World Congress Center
through the issuance of not more than $79,000,000
in principal amount of General Obligation Debt,
said amount previouslv authorized and remaining
unissued.
GEORGIA LAWS 1982 SESSION
2-C
D. Provided, that from the above appropri-
ated amount for the State of Georgia General
Obligation Debt Sinking Fund, $3,240,000 is spe-
cifically appropriated for the purpose of financing
the design, construction and equipping of a new
prison at or adjacent to the site of tbe Georgia
Public Safety Training Academy through the issu-
ance of not more than $12,000,000 in principal
amount of general obligation debt.
E. Provided, that from the above appropri-
ated amount for the State of Georgia General
Obligation Debt Sinking Fund, $4,455,000 is spe-
cifically appropriated for the purpose of financing
the design, construction and equipping of a new
laboratory and office building for the Georgia
Bureau of Investigation, through the issuance of
not more than $16,500,000 in principal amount of
general obligation debt.
TOTAL SUPPLEMENTAL APPROPRIATION FOR
STATE FISCAL YEAR 1982 .............$16,356,000.
Section 2. The Office of Planning and Budget
is hereby directed to economize wherever possible
and in the event any part of the appropriations
provided in the foregoing Sections of this Act shall
be in excess of the actual approved budget allot-
ments for the fiscal year, the amounts so in excess
as determined by the Office of Planning and
Budget shall cease to be an obligation of the State.
Section 3. This Act shall become effective
upon its approval by the Governor or upon its
becoming law without his approval.
2-D
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in
conflict with this Act are repealed.
Approved January 19,1982.
Compilers Note: The placement of Act No. 829 (House Bill
No. 1141) on page 2A resulted from furnishing the Code Revi-
sion Commission with the page number that Act No. 830 (Sen-
ate Bill No. 474) would appear on in order to facilitate the com-
pletion of the Commissions work.
GEORGIA LAWS 1982 SESSION
3
OFFICIAL CODE OF GEORGIA ANNOTATED AMENDED.
No. 830 (Senate Bill No. 474).
AN ACT
To amend the Official Code of Georgia Annotated, so as to correct
typographical, stylistic, and other errors and omissions in the Official
Code of Georgia Annotated; to codify laws of the State of Georgia, or
portions thereof, omitted from the Official Code of Georgia Anno-
tated; to provide for necessary or appropriate revisions and moderni-
zations of matters contained in the Official Code of Georgia Anno-
tated; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 1 of the Official Code of Georgia Annotated,
relating to general provisions, is amended as follows:
(1) Said title is amended by adding after the word and punctu-
ation indices, in the second sentence of Code Section 1-1-1, relating
to enactment of the Code, the following:
title and chapter analyses,.
(2) Said title is further amended by adding after the word and
punctuation sections, in the first sentence of Code Section 1-1-7,
relating to notes and catchlines of Code sections, the following:
and title and chapter analyses,
and by adding after the word citations in the second sentence of
said Code section the following:
, title and chapter analyses,.
(3) Said title is further amended by adding a new subsection (c)
at the end of Code Section 1-1-8, relating to references to titles,
chapters, etc., to read as follows:
(c) Any reference in any local or special law of this state to any
Act or resolution of the General Assembly or to any title, chapter,
4
GENERAL ACTS AND RESOLUTIONS, VOL. I
section, or other portion of any prior code of this state shall be
construed to be a reference to the appropriate title, chapter, article,
part, subpart, Code section, subsection, paragraph, subparagraph,
division, or subdivision of the Official Code of Georgia Annotated.
(4) Said title is further amended by deleting the word and
punctuation functions, and inserting in lieu thereof the word
function in the first sentence of Code Section 1-2-7, relating to
rights of female citizens and exemption from certain duties.
Section 2. Title 2 of the Official Code of Georgia Annotated,
relating to agriculture, is amended as follows:
(1) Said title is amended by deleting the word thereunder and
inserting in lieu thereof the word hereunder from the first sentence
of subsection (b) of Code Section 2-7-59, relating to grounds for
denial, suspension, or cancellation of registration of pesticides formu-
lated to meet local needs.
(2) Said title is further amended by deleting the comma follow-
ing the word areas in the second sentence of subsection (b) of Code
Section 2-7-97, relating to the promulgation of rules and regulations
concerning pesticide use and application.
(3) Said title is further amended by adding a comma after the
word License in subparagraph (a)(2)(D) of Code Section 2-7-99,
relating to licensing requirements and applications for pesticide
contractors and applicators, and by inserting a comma after the word
License in division (b)(2)(B)(iii) of said Code section.
(4) Said title is further amended by deleting the comma follow-
ing the number 14 and inserting in lieu thereof the word of in the
first sentence of Code Section 2-7-102, relating to grounds for denial,
suspension, revocation, or modification of license, permit, or certifica-
tion.
(5) Said title is further amended by deleting apointments and
inserting in lieu thereof appointments in the third sentence of
subsection (c) of Code Section 2-8-6, relating to appointment of
additional members of commissions established pursuant to the
Georgia Agricultural Commodities Promotion Act, by the ex officio
members thereof.
GEORGIA LAWS 1982 SESSION
5
(6) Said title is further amended by adding a comma following
the word time in the first sentence of subsection (c) of Code Section
2-9-6, relating to the breach of the conditions of a bond and com-
plaints to the Commissioner.
(7) Said title is further amended by adding a comma following
the word cash in paragraph (2) of Code Section 2-9-44, relating to
applicability of Article 2 of Chapter 9 of Title 2.
(8) Said title is further amended by deleting tranship and
inserting in lieu thereof transship in paragraph (4) of Code Section
2-10-2, relating to the definition of a farmers market.
(9) Said title is further amended by deleting encumbent and
inserting in lieu thereof incumbent in Code Section 2-10-33, relate
ing to the right of the Georgia Building Authority (Markets) to a
declaratory adjudication of the validity of lease contracts and the
duty of the Department of Agriculture to defend against such an
action.
(10) Said title is further amended by deleting the commas
following the words sentence and association in the second
sentence of subsection (b) of Code Section 2-10-88, relating to elec-
tion of officers of cooperative marketing associations.
(11) Said title is further amended by changing the period to a
semicolon at the end of division (e)(l)(C)(iii) of Code Section 2-11-22,
relating to labeling requirements, and by striking the word Follow-
ing in subparagraph (e)(1)(C) of said Code section and inserting in
lieu thereof the word following.
(12) Said title is further amended by adding a comma following
the word License in Code Section 2-12-5, relating to licensing of
nonresident registrants.
(13) Said title is further amended by deleting the word consti-
tutent and inserting in lieu thereof the word constituent in
paragraph (6) of Code Section 2-13-10, relating to when commercial
feed is deemed adulterated.
(14) Said title is further amended by deleting the commas follow-
ing the words misbranded and request in the second sentence of
subsection (f) of Code Section 2-13-13, relating to inspections and
samples of commercial feeds.
6
GENERAL ACTS AND RESOLUTIONS, VOL. I
(15) Said title is further amended by adding a comma preceding
the word after and following the word hearing and by deleting
the comma following the word person in the first sentence of Code
Section 2-14-103, relating to suspension or revocation of licenses.
(16) Said title is further amended by striking from paragraph (3)
of subsection (b) of Code Section 2-8-13, relating to the issuance of
marketing orders, the following:
Administrative Procedure Act of Georgia,
and inserting in lieu thereof the following:
Georgia Administrative Procedure Act.
Section 3. Title 3 of the Official Code of Georgia Annotated,
relating to alcoholic beverages, is amended as follows:
(1) Said title is amended by adding a comma following the word
sale in paragraph (2) of subsection (f) of Code Section 3-2-35,
relating to seizure of contraband by the commissioner and agents.
(2) Said title is further amended by deleting subsection (b) of
Code Section 3-3-23.1, relating to procedure and penalties upon
violation of Code Section 3-3-23, and inserting in lieu thereof a new
subsection (b) to read as follows:
(b) Any person violating any prohibition contained in Code
Section 3-3-23 shall be guilty of a misdemeanor , except that any
person convicted of possession of alcoholic beverages pursuant to
paragraph (2) of subsection (a) of Code Section 3-3-23 shall be guilty
of a misdemeanor but punished by not more than 30 days impris-
onment or a fine of not more than $300.00, or both.,
and by deleting , as now or hereafter amended from the second
sentence of subsection (e) of said Code section.
(3) Said title is further amended by deleting 1980 and insert-
ing in lieu thereof 1970 in subsection (b) of Code Section 3-3-24.1,
relating to entry of minors onto the premises of business establish-
ments engaged in retail sale of alcoholic beverages in unbroken
packages, and by deleting from subsection (c) of said Code section the
following:
GEORGIA LAWS 1982 SESSION
7
and, upon conviction thereof, shall be punished as for a misde-
meanor.
(4) Said title is further amended by adding the word or
following paragraph (4) of subsection (a) of Code Section 3-4-2,
relating to applicability of Chapter 4 of Title 3 to ethyl alcohol used
for certain purposes.
(5) Said title is further amended by deleting the word and
following gallons; in paragraph (1) of Code Section 3-5-60, relating
to levy and amount of tax on malt beverages, and by adding in
paragraph (2) of said Code section the word and following
ounces;.
(6) Said title is further amended by deleting the word article
and inserting in lieu thereof the word chapter in subsection (b) of
Code Section 3-7-60, relating to levy and amount of tax on sale of
distilled spirits.
Section 4. Title 4 of the Official Code of Georgia Annotated,
relating to animals, is amended as follows:
(1) Said title is amended by deleting the period following the
quotation marks at the end of the first sentence of subsection (b) of
Code Section 4-4-4, relating to administrative hearings and penalties.
(2) Said title is further amended by capitalizing the words
secretary and agriculture in the last sentence of Code Section 4-
6-3, relating to the requirement of licenses for livestock dealers.
Section 5. Title 5 of the Official Code of Georgia Annotated,
relating to appeal and error, is amended as follows:
(1) Said title is amended by deleting the comma following the
word offense in the first sentence of subsection (a) of Code Section
5-4-20, relating to supersedeas of criminal convictions and bonds.
(2) Said title is further amended by deleting the comma follow-
ing the word section and inserting in lieu thereof a semicolon in
subsection (b) of Code Section 5-6-9, relating to transmittal of
opinion to lower court.
8
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Said title is further amended by inserting a comma between
interlocutory and the in the second sentence of subsection (b) of
Code Section 5-6-35, relating to cases in which an application for
appeal is required; by deleting entry or order and inserting in lieu
thereof entry of the order in subsection (d); and by deleting , and
the paragraph shall remain in effect at the end of subsection (i) of
said Code section.
Section 6. Reserved.
Section 7. Title 7 of the Official Code of Georgia Annotated,
relating to banking and finance, is amended as follows:
(1) Said title is amended by deleting the word date and
inserting in lieu thereof the word data in paragraph (7) of subsec-
tion (b) of Code Section 7-1-70, relating to disclosure of information.
(2) Said title is further amended by deleting commerical and
inserting in lieu thereof commercial in paragraph (1) of subsection
(c) of Code Section 7-1-285, relating to the manner of making loans
and limitations thereon.
(3) Said title is further amended by deleting Title 41A and
inserting in lieu thereof this chapter in the second sentence of
subsection (c) of Code Section 7-1-293, relating to savings banks and
state savings and loan associations.
(4) Said title is further amended by deleting resepct and
inserting in lieu thereof respect in subsection (b) of Code Section 7-
1-310, relating to the power of trust companies to act as fiduciaries
and to act in other representative capacities and the rights and duties
with respect thereto.
(5) Said title is further amended by deleting facsimilies and
inserting in lieu thereof facsimiles in subsection (f) of Code Section
7-1-417, relating to the use of facsimile signatures and seals on debt
security instruments by banks and trust companies.
(6) Said title is further amended by deleting the semicolon
following the word held and inserting in lieu thereof a comma in
subsection (b) of Code Section 7-1-490, relating to responsibility of
directors and officers and delegation of investment decisions.
GEORGIA LAWS 1982 SESSION
9
(7) Said title is further amended by deleting nto and inserting
in lieu thereof into in the introductory language of Code Section 7-
1-550, relating to the authority for national bank to state bank or
trust company conversions, mergers, and consolidations.
(8) Said title is further amended by deleting explusion and
inserting in lieu thereof expulsion twice and by striking non-
menber and inserting in lieu thereof nonmember in Code Section
7-1-653, relating to expulsions and withdrawals of members from
credit union.
(9) Said title is further amended by deleting or any member
and inserting in lieu thereof for any member in paragraph (4) of
Code Section 7-1-740, relating to definitions relating to business
development corporations.
(10) Said title is further amended by deleting the word of
between the words suspending and such in Code Section 7-3-27,
relating to judicial review of commissioners decisions.
(11) Said title is further amended by adding the word on
between the words persons and loans in the first sentence of
subsection (c) of Code Section 7-4-3.1, relating to maximum interest
rates on loans by insured financial institutions.
(11.1) Said title is further amended by striking $150.00 and
inserting in lieu thereof $50.00 in Code Section 7-4-31, relating to
the rate of charge on loans secured by a residential second mortgage.
(12) Said title is further amended by striking from division
(21)(H)(xv) of Code Section 7-1-4, relating to definitions relative to
financial institutions, the following:
71-1-37,
and inserting in lieu thereof the following:
7-1-37.
(13) Said title is further amended by striking from paragraph (40)
of Code Section 7-1-4, relating to definitions relative to financial
institutions, the following:
10
GENERAL ACTS AND RESOLUTIONS, VOL. I
subsection (b) of Code Section 7-1-242,
and inserting in lieu thereof the following:
paragraph (5) of subsection (a) of Code Section 7-1-242.
(14) Said title is further amended by striking from subsection (c)
of Code Section 7-1-770, relating to definitions relative to building
and loan associations and savings and loan associations, the following:
As association,
and inserting in lieu thereof the following:
An association.
Section 8. Title 8 of the Official Code of Georgia Annotated,
relating to building and housing, is amended as follows:
(1) Said title is amended by deleting Code Section 8-1 -1, relating
to providing outreach workers by State Office of Housing Section to
Farmers Home Administration to engage in housing-related activ-
ities, in its entirety. This Code section is a duplication of Code
Sections 50-8-61 and 50-8-62.
(2) Said title is further amended by deleting and an Act
approved April 10,1978 (Ga. L. 1978, p. 2212), from Code Section 8-
2-21, relating to adoption and continuation of state minimum stan-
dard codes.
(3) Said title is further amended by deleting approved April 21,
1969 (Ga. L. 1969, p. 546), as amended, and an Act from Code
Section 8-2-22, relating to adoption and continuation of Georgia State
Energy Code for Buildings.
(4) Said title is further amended by adding the word by
between the words possessed and municipalities in subsection
(d) of Code Section 8-2-25, relating to adoption and administration of
codes by municipalities and counties.
(5) Said title is further amended by deleting the word con-
truction and inserting in lieu thereof the word construction in the
first sentence of subsection (e) of Code Section 8-3-17, relating to
GEORGIA LAWS 1982 SESSION
11
powers of authorities and the board of regents as to construction,
operation, etc., of dormitories for the University System of Georgia.
(6) Said title is further amended by deleting the comma after the
term subsection (a) and inserting a comma following the words
Code Section in subsection (b) of Code Section 8-3-133, relating to
existence of war or national emergency as a condition precedent to
initiation of certain projects, and by deleting Section and inserting
in lieu thereof section in said Code section.
(7) Said title is further amended by deleting the word from
from the second sentence of paragraph (12) of Code Section 8-3-172,
relating to definitions used in the Georgia Residential Finance
Authority Act.
Section 9. Title 9 of the Official Code of Georgia Annotated,
relating to civil practice, is amended as follows:
(1) Said title is amended by deleting the comma following the
word person in the second sentence of subsection (b) of Code
Section 9-2-2, relating to actions in personam and actions in rem.
(2) Said title is further amended by deleting the comma after the
word action in the first sentence of subsection (a) of Code Section
9-2-5, relating to prosecution of two simultaneous actions for the
same cause against the same party.
(3) Said title is further amended by deleting the word sue and
inserting in lieu thereof the words bring an action against in the
first sentence of Code Section 9-2-27, relating to action against
representative of joint obligor.
(4) Said title is further amended by deleting the comma after the
word parties in the first sentence of subsection (a) of Code Section
9-2-44, relating to effect of a former recovery or pendency of a former
action.
(5) Said title is further amended by adding a semicolon after the
word made in subsection (b) of Code Section 9-4-2, relating to
declaratory judgments and their force and effect.
(6) Said title is further amended by deleting the comma follow-
ing the word to in the first sentence of subsection (a) of Code
12
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 9-4-3, relating to further relief and interlocutory extraordi-
nary relief to preserve the status quo.
(7) Said title is further amended by deleting the comma follow-
ing the word parties in subsection (b) of Code Section 9-7-22,
relating to fees of an auditor.
(8) Said title is further amended by deleting the word and
preceding the word shall in the first sentence of subsection (b) of
Code Section 9-9-47, relating to the copy of an award to be furnished
to parties and entry on the courts minutes.
(9) Said title is further amended by deleting the language in the
superior court, or from Code Section 9-10-3, relating to closed trials
being authorized in certain cases.
(10) Said title is further amended by deleting the word and
between the words thereon and who in subsection (a) of Code
Section 9-10-5, relating to charges to be written out on request,
exceptions, filing of written charges, and copies.
(11) Said title is further amended by deleting the word or
between the words civil and matters in subsection (a) of Code
Section 9-10-10, relating to cash bonds and docketing.
(12) Said title is further amended by deleting the word
injuction and inserting in lieu thereof the word injunction in
Code Section 9-10-110, relating to petitions for extraordinary equita-
ble relief to be verified or supported by proof.
(13) Said title is further amended by deleting the semicolon
following the word jury and inserting in lieu thereof a comma in
Code Section 9-10-183, relating to use of a blackboard, models, etc., in
argument.
(14) Said title is further amended by deleting the words
appointed guardian and inserting in lieu thereof guardian
appointed, in paragraph (4) of subsection (d) of Code Section 9-11-4,
relating to process, and by deleting the comma between the words
provided and that in the first sentence of subparagraph (e)(1)(A)
of said Code section.
GEORGIA LAWS 1982 SESSION
13
(15) Said title is further amended by deleting default to to be
and inserting in lieu thereof default to be in subsection (b) of Code
Section 9-11-55, relating to the opening of a default before final
judgment.
(16) Said title is further amended by deleting the word and
punctuation Judge, from the introductory language of the
judgment form in Code Section 9-11-132, relating to form of
judgment on decision by the court.
(17) Said title is further amended by deleting transfered and
inserting in lieu thereof transferred in Code Section 9-12-65, relat-
ing to the issuance of scire facias where a judgment has been trans-
ferred.
(18) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a comma preceding the word provided in
Code Section 9-12-67, relating to revival of judgment against nonresi-
dent and service by publication.
(19) Said title is further amended by deleting the words so to do
and inserting in lieu thereof the words and punctuation to do so, in
the first sentence of subsection (a) of Code Section 9-13-170, relating
to liability for purchase money and an officers collection options.
Section 10. Title 10 of the Official Code of Georgia Annotated,
relating to commerce and trade, is amended as follows:
(1) Said title is amended by deleting the comma following the
word of in paragraph (10) of Code Section 10-1-2, relating to
definitions for The Retail Installment and Home Solicitation Sales
Act.
(2) Said title is further amended by deleting the comma follow-
ing the word by in paragraph (3) of subsection (b) of Code Section
10-1-393, relating to unfair or deceptive practices in consumer trans-
actions.
(3) Said title is further amended by deleting the semicolon and
inserting a comma following the word Ventures in subsection (b) of
Code Section 10-1-411, relating to the required disclosure statement
in the sale of business opportunities.
14
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Said title is further amended by deleting the word and
punctuation stats; and inserting in lieu thereof state in the
second sentence of the first paragraph of Code Section 10-1-444,
relating to registration of marks and certificates of registration.
(5) Said title is further amended by deleting ; provided, that,
and inserting in lieu thereof , provided that, in the first sentence of
Code Section 10-1-551, relating to Sunday motion picture shows and
athletic events being lawful with local permits.
(6) Said title is further amended by deleting Department of
Agriculture and inserting in lieu thereof Commissioner of Agricul-
ture in the first sentence of Code Section 10-2-13, relating to
advertisements of packaged commodities.
(7) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a comma between the word warehouse and
the word provided in Code Section 10-2-46, relating to issuance of
official seals to licensed tobacco warehousemen.
(8) Said title is further amended by deleting the word as in
paragraph (6) of Code Section 10-4-2, relating to definitions in the
Georgia State Warehouse Act.
(9) Said title is further amended by deleting acknowledge-
ment and inserting in lieu thereof acknowledgment in paragraph
(3) of Code Section 10-4-21, relating to the obligation of a war-
ehouseman to deliver upon demand.
(10) Said title is further amended by deleting the word the
preceding the word Fulton in the second sentence of subsection (a)
of Code Section 10-4-53, relating to actions by and against the
commissioner.
(11) Said title is further amended by deleting provided, that,
and inserting in lieu thereof , provided that, in subparagraph
(c)(l)(0) of Code Section 10-5-5, relating to registration of securities.
(12) Said title is further amended by adding (4) of this subsec-
tion (a) after the word paragraph in subparagraphs (a)(4)(A) and
(a)(4)(B) of Code Section 10-5-7, relating to denial, suspension, or
revocation of registration of securities.
GEORGIA LAWS 1982 SESSION
15
(13) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a comma following the word foregoing and
by deleting the semicolon following the word subsection in para-
graph (8) of Code Section 10-5-8, relating to exempt securities.
(14) Said title is further amended by deleting the word of in the
second sentence of subsection (e) of Code Section 10-5-11, relating to
investigations, subpoenas, self-incrimination, and conducting hear-
ings.
(15) Said title is further amended by deleting the word suit and
inserting in lieu thereof an action in Code Section 10-7-29, relating
to judgment against principal and surety at the same time.
(16) Said title is further amended by deleting the words such
suit and inserting in lieu thereof the action in the second sentence
of subsection (b) of Code Section 10-7-30, relating to bad faith refusal
of a corporate surety to perform a suretyship contract.
Section 11. Title 11 of the Official Code of Georgia Annotated,
relating to the commercial code, is amended as follows:
(1) Said title is amended by deleting from Code Section 11-8-
102, relating to definitions and index of definitions, the following:
(3) A clearing corporation is a corporation all of the capital
stock of which is held by or for a national securities exchange or
association registered under a statute of the United States such as the
Securities Exchange Act of 1934.
(2) Said title is further amended by deleting Code Section 11-9-
401(1) and inserting in lieu thereof subsection (1) of Code Section
11-9-401 in subsection (3) of Code Section 11-9-403, relating to what
constitutes filing, duration of filing, effect of lapsed filing, and duties
of a filing officer.
(3) Said title is further amended by deleting statment and
inserting in lieu thereof statement between written and of in
Code Section 11-9-406, relating to the release of collateral by a
secured party of record.
Section 12. Title 12 of the Official Code of Georgia Annotated,
relating to conservation and natural resources, is amended as follows:
16
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Said title is amended by deleting the semicolon and inserting
in lieu thereof a comma following the word section in paragraph (3)
of subsection (b) of Code Section 12-3-3, relating to powers of the
Department of Natural Resources as to projects in the North Georgia
Mountains.
(2) Said title is further amended by adding a comma after the
word site in the first sentence of subsection (i) and by deleting the
words except within area and inserting in lieu thereof except
within areas in the second sentence of subsection (o) of Code Section
12-3-10, relating to directing persons to leave parks, historic sites, or
recreational areas upon their refusal to observe rules and regulations.
(3) Said title is further amended by deleting the word are and
inserting in lieu thereof were in the fifth sentence and by deleting
the word were and inserting in lieu thereof shall be in the sixth
sentence of subsection (a) of Code Section 12-3-73, relating to crea-
tion of the Heritage Trust Commission.
(4) Said title is further amended by inserting a comma following
the words carrier and automobile in subsection (e) of Code
Section 12-3-152, relating to the creation of the Franklin D. Roosevelt
Warm Springs Memorial Advisory Committee.
(5) Said title is further amended by deleting the semicolon
following the word desired and inserting in lieu thereof a comma in
paragraph (4) of Code Section 12-3-171, relating to powers of the
Department of Natural Resources as to a memorial or shrine to Ty
Cobb.
(6) Said title is further amended by adding a comma following
the words dispose of in paragraph (3) of Code Section 12-3-194,
relating to powers of the Stone Mountain Memorial Association.
(7) Said title is further amended by changing the word part to
law twice in the second sentence of subsection (a) of Code Section
12-3-196, relating to condemnation of property by the state for
purposes of developing Stone Mountain.
(8) Said title is further amended by deleting provision of this or
any other part and inserting in lieu thereof provision of this part or
any other law in Code Section 12-3-214, relating to remedies of
bondholders, coupon holders, and trustee.
GEORGIA LAWS 1982 SESSION
17
(9) Said title is further amended by deleting soley and insert-
ing in lieu thereof solely in paragraph (19) of Code Section 12-3-
235, relating to the power of the Jekyll IslandState Park Authority
to borrow money and issue revenue bonds.
(10) Said title is further amended by adding commas after the
word May wherever the same appears in paragraphs (1), (2), (3),
(4), and (5) of subsection (a) of Code Section 12-3-312, relating to
membership of the Lake Lanier Islands Development Authority.
(11) Said title is further amended by striking board of commis-
sioners and inserting in lieu thereof Board of Commissioners in
subsections (a) and (c) of Code Section 12-3-362, relating to appoint-
ment of members of the Kinchafoonee Lake Authority.
(12) Said title is further amended by deleting provided, that
and inserting in lieu thereof , provided that in subsection (b) of
Code Section 12-4-1, relating to powers and duties of the Department
of Natural Resources as to mineral resources, geological resources,
etc.
(13) Said title is further amended by deleting or any preceding
partnership in paragraph (7) of Code Section 12-5-22, relating to
definitions in the Georgia Water Quality Control Act.
(14) Said title is further amended by deleting from and insert-
ing in lieu thereof for preceding farm in paragraph (2) of subsec-
tion (a); by deleting the comma following applicants needs in
subsection (g); by deleting the word permitee and inserting in lieu
thereof permittee in paragraph (2) of subsection (1); by deleting
27-2-2 and inserting in lieu thereof 12-2-2 in paragraph (2) of
subsection (1); and by striking the words Community Affairs and
inserting in lieu thereof community affairs in subsection (o) of
Code Section 12-5-31, relating to permits for withdrawal, diversion,
etc., of surface waters of the state.
(15) Said title is further amended by deleting provided, that
and inserting in lieu thereof , provided that in Code Section 12-5-
41, relating to water and sewage treatment facilities.
(16) Said title is further amended by deleting the word
comsumptively in subsection (b) and noncomsumptive in sub-
section (c) and inserting in lieu thereof the words consumptively
and nonconsumptive, respectively, in Code Section 12-5-96, relat-
18
GENERAL ACTS AND RESOLUTIONS, VOL. I
ing to grant, modification, etc., of permits for withdrawal of ground
water.
(17) Said title is further amended by deleting midsemeanor
and inserting in lieu thereof misdemeanor in Code Section 12-5-
107, relating to criminal penalties relating to ground water use.
(18) Said title is further amended by deleting the comma follow-
ing the word license in the third sentence of subsection (d) of Code
Section 12-5-127, relating to licensing of water well contractors.
(19) Said title is further amended by deleting the comma follow-
ing the word part in the first sentence of subsection (d) of Code
Section 12-5-129, relating to suspension and revocation of licenses.
(20) Said title is further amended by deleting the comma follow-
ing the word contain in paragraph (3) of Code Section 12-5-172,
relating to definitions relative to public water systems.
(21) Said title is further amended by deleting thereunder and
inserting in lieu thereof hereunder in paragraph (1) of subsection
(a) of Code Section 12-5-176, relating to powers and duties of the
director of the Environmental Protection Division as to public water
systems.
(22) Said title is further amended by adding a comma following
the word including in subsection (e) of Code Section 12-5-179,
relating to permits for operation of public water systems.
(23) Said title is further amended by deleting the word by and
inserting in lieu thereof the in subsection (a) of Code Section 12-5-
262, relating to creation of the Georgia Coastal Management Board.
(24) Said title is further amended by deleting the word speci-
ficially and inserting in lieu thereof specifically in paragraph (5) of
Code Section 12-5-281, relating to definitions relative to coastal
marshlands.
(25) Said title is further amended by deleting the word Agricul-
tural and inserting in lieu thereof Cooperative twice in Code
Section 12-6-8, relating to expenditure by commission of funds for
forest farming, marketing of forest products, etc.
GEORGIA LAWS 1982 SESSION
19
(26) Said title is further amended by deleting the comma and
inserting in lieu thereof the word and following the word months
in subsection (a) of Code Section 12-6-54, relating to registered
foresters and reciprocity for nonresidents and persons residing in this
state for less than six months.
(27) Said title is further amended by deleting the word depart-
ment and inserting in lieu thereof Department of Natural
Resources in subsection (a) of Code Section 12-6-172, relating to
powers and duties of the department and the Board of Natural
Resources as to wildflower preservation.
(28) Said title is further amended by deleting the word corpo-
rtion and inserting in lieu thereof corporation in paragraph (9) of
Code Section 12-7-3, relating to definitions relative to soil erosion and
sedimentation.
(29) Said title is further amended by adding the words lack of
following the word showing in the last sentence of Code Section 12-
8-35, relating to injunctive relief.
(30) Said title is further amended by deleting ; provided and
inserting in lieu thereof, provided following the word application
in subsection (i) of Code Section 12-8-66, relating to permits for
construction, operation, etc., of hazardous waste facilities.
(30.1) Said title is further amended by striking juridiction and
inserting in lieu thereof jurisdiction in Code Section 12-8-72,
relating to application by director for injunctive relief.
(31) Said title is further amended by adding the word and
following 12-8-74, in Code Section 12-8-75, relating to powers of the
director of the Environmental Protection Division in situations
involving imminent and substantial danger to environment or to
public health.
(32) Said title is further amended by deleting the words
repesentation and lable and inserting in lieu thereof representa-
tion and label in paragraph (3) of Code Section 12-8-82, relating to
criminal penalties relative to hazardous waste.
(33) Said title is further amended by deleting the word and
between expenses and such in Code Section 12-8-102, relating to
creation of the Georgia Hazardous Waste Management Authority.
20
GENERAL ACTS AND RESOLUTIONS, VOL. I
(34) Said title is further amended by deleting the word
deterioration and inserting in lieu thereof deterioration in para-
graph (6) of subsection (b) of Code Section 12-9-5, relating to powers
and duties of the Board of Natural Resources as to prevention,
control, etc., of air pollution.
(35) Said title is further amended by adding a comma following
the word regulations in paragraph (1) of subsection (b) of Code
Section 12-9-6, relating to powers and duties of the director of the
Environmental Protection Division as to prevention, control, etc., of
air pollution.
(36) Said title is further amended by deleting the word
polluction and inserting in lieu thereof pollution in Code Section
12- 9-10, relating to inspections and investigations.
(37) Said title is further amended by striking the word section
and inserting in lieu thereof Section preceding 7413(d)(5) in
subparagraph (f)(1)(A) and by striking the word federal and insert-
ing in lieu thereof Federal preceding the word Clean in subpara-
graph (f)(1)(B) of Code Section 12-9-22, relating to noncompliance
penalties.
(38) Said title is further amended by deleting the word statis-
factory and inserting in lieu thereof satisfactory in Article X and
by striking the word agreement and inserting in lieu thereof
Agreement in Article XIII of the Southern Growth Policies Agree-
ment as contained in Code Section 12-10-20, relating to enactment of
the agreement.
Section 13. Title 13 of the Official Code of Georgia Annotated,
relating to contracts, is amended as follows:
(1) Said title is amended by deleting ; provided, and inserting
in lieu thereof , provided in Code Section 13-4-42, relating to
appropriation of payments.
(2) Said title is further amended by deleting provided, and
inserting in lieu thereof", provided in subsection (b) of Code Section
13- 8-2, relating to contracts contravening public policy.
(3) Said title is further amended by deleting provided, fol-
lowing the word terms and inserting in lieu thereof , provided in
GEORGIA LAWS 1982 SESSION
21
subsection (a) of Code Section 13-9-2, relating to requirements for
valid and enforceable contracts of sale for future delivery of cotton,
grain, stocks, etc.
Section 14. Title 14 of the Official Code of Georgia Annotated,
relating to corporations, partnerships, and associations, is amended
as follows:
(1) Said title is amended by deleting the comma following the
word state and inserting a comma following the word file in the
introductory language of subsection (a) of Code Section 14-2-350,
relating to annual reports required of domestic and foreign corpora-
tions.
(2) Said title is further amended by inserting a semicolon follow-
ing the words Secretary of State in the second sentence of Code
Section 14-2-391, relating to interrogatories by the Secretary of State.
(3) Said title is further amended by adding the word or
following the semicolon at the end of subparagraph (a)(3)(D) of Code
Section 14-3-40, relating to corporate name.
(4) Said title is further amended by deleting the comma follow-
ing the word is in the second sentence of subsection (a) of Code
Section 14-3-313, relating to appeal from actions of the Secretary of
State.
(5) Said title is further amended by deleting the comma follow-
ing 14-4-22 and the comma following the word objections in Code
Section 14-4-23, relating to objection to grant of charter.
(6) Said title is further amended by adding a comma following
the word law in the introductory language of Code Section 14-4-45,
relating to application for incorporation of corporations having
nonpar stock.
(7) Said title is further amended by striking the word legisla-
ture and inserting in lieu thereof General Assembly in subsection
(a) of Code Section 14-4-80, relating to renewal of charter.
(8) Said title is further amended by striking the word legisla-
ture and inserting in lieu thereof General Assembly in subsection
(a) of Code Section 14-4-81, relating to revival of expired charter.
22
GENERAL ACTS AND RESOLUTIONS, VOL. I
(9) Said title is further amended by inserting a comma preceding
19 in the last paragraph of the certificate in Code Section 14-4-
101, relating to issuance of a certificate of amendment to acquire
powers.
(10) Said title is further amended by adding a semicolon between
the words dissolution and and service in subsection (b) of Code
Section 14-4-161, relating to effect of dissolution upon causes of
action.
(11) Said title is further amended by adding a comma following
the numerals 14-4-183 in Code Section 14-4-182, relating to filing of
reports by the Secretary of State.
(12) Said title is further amended by deleting the word prop-
ogation and inserting in lieu thereof propagation in the introduc-
tory language of Code Section 14-5-51, relating to extension of powers
of eleemosynary and religious corporations.
(13) Said title is further amended by deleting the word
acqisition and inserting in lieu thereof acquisition in division
(9)(A)(i) of Code Section 14-6-1, relating to definitions relative to
corporate takeovers.
(14) Said title is further amended by deleting the period and
substituting in lieu thereof a semicolon at the end of subparagraph
(b)(6)(B) of Code Section 14-6-2, relating to registration of takeover
bids.
(15) Said title is further amended by deleting from Code Section
14-6-10, relating to injunction and prosecution of violations, the
following:
the commissioner shall have the power and authority to act, at
his discretion, in the manner specified by Code Section 10-5-13,
provided, that in addition,
and inserting in lieu thereof the following:
the commissioner shall have the power and authority to act at his
discretion in the manner specified by Code Section 10-5-13, provided
that, in addition.
GEORGIA LAWS 1982 SESSION
23
(16) Said title is further amended by striking the word jur-
sidiction and inserting in lieu thereof jurisdiction in subsection (a)
of Code Section 14-6-13, relating to civil liabilities.
(17) Said title is further amended by deleting the semicolon
following the word firm in Code Section 14-8-3, relating to duty of
district attorneys to bring proceedings against partnerships violating
Code Section 14-8-2.
(18) Said title is further amended by deleting the comma between
the words partnership and for in Code Section 14-8-23, relating
to commencement of a partnership.
(19) Said title is further amended by deleting the comma follow-
ing the word contribute in Code Section 14-8-46, relating to contri-
bution where a partner is insolvent.
(20) Said title is further amended by adding a comma between
the words dissolution and or express in the first sentence of Code
Section 14-8-61, relating to when acts of one partner are binding upon
other partners.
(21) Said title is further amended by adding the word required
following the word registry in the last sentence of paragraph (2) of
subsection (a) of Code Section 14-9-20, relating to formation of
limited partnerships.
Section 15. Title 15 of the Official Code of Georgia Annotated,
relating to courts, is amended as follows:
(1) Said title is amended by inserting the word who following
the word Judges in subsection (a) of Code Section 15-3-1, relating
to composition of the Court of Appeals.
(2) Said title is further amended by deleting the figure 3 and
inserting in lieu thereof the figure 4 in paragraph (23) of Code
Section 15-6-2, relating to number of judges; by deleting the figure
1 and inserting in lieu thereof the figure 2 in paragraph (36); by
deleting the figure 2 and inserting in lieu thereof the figure 3 in
paragraph (41); and by deleting the words one judge and inserting
in lieu thereof two judges in subsection (b) of said Code section.
24
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Said title is further amended by deleting subparagraph
(a)(6)(A) of Code Section 15-6-3, relating to terms of court, which
reads as follows:
(A) Cherokee County Third Monday in January; first
Monday in May; and second Monday in September.,
and inserting in lieu thereof the following:
(A) Cherokee County Second Monday in January, May, and
September.,
and by deleting subparagraphs (a)(9)(A) and (a)(9)(B) of said Code
section, which read as follows:
(A) Bartow County First Monday in February and August
and fourth Monday in April and October.
(B) Gordon County First Monday in March and December;
second Monday in September; and fourth Monday in May.,
and inserting in lieu thereof the following:
(A) Bartow County First Monday in February and August,
fourth Monday in April, and third Monday in October.
(B) Gordon County First Monday in March, December, and
June; and second Monday in September.;
by deleting Guitman and inserting in lieu thereof Quitman in
subparagraph (a)(31)(D) of said Code section; and by deleting from
subsection (b) of said Code section the following:
Second Monday in February and December and third Monday in
May and September.,
and inserting in lieu thereof the following:
Third Monday in January, April, July, and October.
(4) Said title is further amended by adding the words to dismiss
or following the word motion in paragraph (7) of Code Section 15-
6-9, relating to authority of superior court judges, in general.
GEORGIA LAWS 1982 SESSION
25
(5) Said title is further amended by deleting the words
promptly decide and inserting in lieu thereof decide promptly in
subsection (b) of Code Section 15-6-21, relating to time for deciding
motions.
(6) Said title is further amended by deleting the comma follow-
ing the term July 1 in paragraph (3) of subsection (c) of Code
Section 15-6-50, relating to term of office of clerks of superior courts.
(7) Said title is further amended by adding the word and
following the semicolon at the end of paragraph (2) of subsection (a)
in Code Section 15-6-50.1, relating to creation of the Superior Court
Clerks Training Council.
(8) Said title is further amended by deleting the comma follow-
ing the word time in the last sentence of subsection (a) of Code
Section 15-6-53, relating to appointment of a clerk by the presiding
judge.
(9) Said title is further amended by adding a semicolon between
the words office and and at the end of subparagraph (4)(K) of
Code Section 15-6-61, relating to duties of superior court clerks.
(10) Said title is further amended by adding the words writs of
preceding fieri facias in paragraph (2) of subsection (c) of Code
Section 15-6-77, relating to fees of clerks of superior courts; by adding
the words writ of preceding fieri facias in paragraphs (1) and (2)
of subsection (e) of said Code section; by deleting paragraph (6) of
said subsection and renumbering the remaining paragraphs accord-
ingly; and by deleting the word of and inserting in lieu thereof or
preceding presentments in paragraph (3) of subsection (f) of said
Code section.
(11) Said title is further amended by deleting the comma follow-
ing the word court in the first sentence of Code Section 15-7-7,
relating to civil jurisdiction of state courts.
(12) Said title is further amended by capitalizing the first letter of
the word act and by deleting the word judge and inserting in lieu
thereof judges in Code Section 15-9-7, relating to bonds of judges of
the probate courts.
26
GENERAL ACTS AND RESOLUTIONS, VOL. I
(13) Said title is further amended by deleting the word present
preceding commonly in subsection (a) of Code Section 15-9-44,
relating to photostatic or photographic equipment.
(14) Said title is further amended by deleting the word however
in subsection (b) of Code Section 15-9-46, relating to records made
with photostatic or photographic equipment.
(15) Said title is further amended by deleting the word
dimissed and inserting in lieu thereof dismissed in paragraph
(19) of subsection (a) of Code Section 15-9-60, relating to costs of
judges of the probate courts.
(16) Said title is further amended by deleting the figure 600,000
and inserting in lieu thereof 550,000 in subsection (a) of Code
Section 15-9-81, relating to additional office locations for judges of
the probate courts in certain counties.
(17) Said title is further amended by adding a comma following
the word reason in the first sentence of Code Section 15-9-84,
relating to adjournments of probate courts.
(18) Said title is further amended by repealing Code Section 15-
10-31, relating to where and when justice courts in municipalities may
be held, in its entirety.
(19) Said title is further amended by deleting the word counties
and inserting in lieu thereof county in Code Section 15-10-33,
relating to suitable quarters for justice of the peace courts to be
provided by the county.
(20) Said title is further amended by deleting the word section
and inserting in lieu thereof action in paragraph (2) of Code Section
15-10-52, relating to subject-matter jurisdiction of justices of the
peace.
(21) Said title is further amended by deleting the comma between
the words provided and that in Code Section 15-10-96, relating to
time of trial where defense is made on an unconditional written
contract.
(22) Said title is further amended by deleting the word where
and inserting in lieu thereof and in subparagraph (6) (A) of Code
GEORGIA LAWS 1982 SESSION
27
Section 15-11-2, relating to definitions relative to juvenile proceed-
ings.
(23) Said title is further amended by deleting the comma follow-
ing the figure 50,000 in paragraph (1) of subsection (b) of Code
Section 15-11-3, relating to creation of juvenile courts, and by delet-
ing the word as and inserting in lieu thereof such preceding the
word advice in subsection (f) of said Code section.
(24) Said title is further amended by inserting , if following the
word hearing in the introductory language of Code Section 15-11-
35, relating to disposition of a delinquent child.
(25) Said title is further amended by deleting the word author-
ity and inserting in lieu thereof authorities in Code Section 15-12-
78, relating to inspection of county jails.
(26) Said title is further amended by inserting the word a
between in and court in the first sentence of subsection (b) of
Code Section 15-12-123, relating to filling panels of jurors in civil
cases with tales jurors.
(27) Said title is further amended by deleting the State Crime
Commission, from subsection (d) of Code Section 15-16-3, relating
to the basic training course for sheriffs.
(28) Said title is further amended by adding the word and
following the semicolon at the end of paragraph (7) of subsection (a)
of Code Section 15-16-10, relating to duties of sheriffs; by deleting
paragraph (8); and by renumbering paragraph (9) as paragraph (8).
(29) Said title is further amended by deleting the word fa.s and
inserting in lieu thereof fas. in paragraphs (20) and (21) of subsec-
tion (b) of Code Section 15-16-21, relating to fees for sheriffs services
and by striking from paragraph (5) of subsection (c) of said Code
section 4.50 and inserting in lieu thereof 15.00 and by adding at
the end of subsection (c) of said Code section the following:
(10) Service in every criminal case
before a judge or a judge
and jury.........................
10.00
28
GENERAL ACTS AND RESOLUTIONS, VOL. I
(30) Said title is further amended by adding a comma between
the words bond and provided in Code Section 15-16-24, relating
to liability for misconduct of jailers.
(31) Said title is further amended by deleting the dollar sign in
paragraph (19) of Code Section 15-17-14, relating to fees of consta-
bles.
(32) Said title is further amended by deleting the word
neccessary and inserting in lieu thereof necessary in subsection
(b) of Code Section 15-21-56, relating to proceedings by persons
claiming an interest in the fine and forfeiture fund.
(33) Said title is further amended by repealing Code Section 15-6-
11, relating to authority of certain courts to sit in sections, in its
entirety.
(34) Said title is further amended by striking from paragraph (1)
of subsection (d) of Code Section 15-16-1, relating to qualifications of
sheriffs, the following:
police officer,
and inserting in lieu thereof the following:
peace officer.
Section 16. Title 16 of the Official Code of Georgia Annotated,
relating to crimes and offenses, is amended as follows:
(1) Said title is amended by deleting the comma following the
word including in paragraph (13) of Code Section 16-1-3, relating to
definitions relative to crimes and offenses.
(2) Said title is further amended by deleting the word prose-
ction and inserting in lieu thereof prosecution in subsection (b) of
Code Section 16-1-7, relating to multiple prosecutions for the same
conduct.
(3) Said title is further amended by deleting the word preju-
dical and inserting in lieu thereof prejudicial in subparagraph
(e)(2)(B) of Code Section 16-1-8, relating to when prosecution is
barred by former prosecution.
GEORGIA LAWS 1982 SESSION
29
(4) Said title is further amended by adding the word a
between or and member in subsection (a) of Code Section 16-5-
24, relating to aggravated battery.
(5) Said title is further amended by inserting the word than
following the word less in paragraph (1) of subsection (b) of Code
Section 16-7-43, relating to dumping, depositing, etc., litter on public
or private property or waters.
(6) Said title is further amended by deleting the word the
preceding the words property improvements in subsection (a) of
Code Section 16-8-15, relating to conversion of payments for real
property improvements.
(7) Said title is further amended by deleting the comma follow-
ing the word possesses in subsection (a) of Code Section 16-9-2,
relating to second degree forgery.
(8) Said title is further amended by deleting the word fogery
and inserting in lieu thereof forgery in subsection (c) of Code
Section 16-9-34, relating to criminal possession of financial trans-
action card forgery devices.
(9) Said title is further amended by deleting upon preceding
conviction in subsection (a) of Code Section 16-9-93, relating to the
offense of influencing witnesses.
(10) Said title is further amended by deleting the word that
and inserting in lieu thereof than preceding the symbol and figure
$1,000.00 in Code Section 16-10-20, relating to false statements,
concealment of facts, fraudulent writings, etc., in matters within the
jurisdiction of state or political subdivisions.
(11) Said title is further amended by deleting the comma follow-
ing the word death in subsection (b) of Code Section 16-11-1,
relating to treason.
(12) Said title is further amended by deleting the words Any
eavesdropping device and inserting in lieu thereof An
eavesdropping device in subsection (b) of Code Section 16-11-63,
relating to possession, sale, distribution, etc., of eavesdropping
devices.
30
GENERAL ACTS AND RESOLUTIONS, VOL. I
(13) Said title is further amended by striking the word similiar
and inserting in lieu thereof similar in subsection (c) of Code
Section 16-11-126, relating to carrying a concealed weapon.
(14) Said title is further amended by deleting the comma follow-
ing the figure 16-11-128 in subsection (a) of Code Section 16-11-
130, relating to exemptions from Code Sections 16-11-126 through 16-
11-128.
(15) Said title is further amended by adding the word or after
the semicolon at the end of paragraph (2) of subsection (a) of Code
Section 16-12-2, relating to smoking in public places.
(16) Said title is further amended by deleting the comma follow-
ing the word violence in the first sentence of subsection (a) of Code
Section 16-12-123, relating to bus hijacking, boarding a bus with
concealed weapon, and bus company use of detection devices.
(17) Said title is further amended by deleting the word
accquittal and inserting in lieu thereof acquittal in Code Section
16-12-125, relating to effect of Part 2 of Article 4 of Chapter 12 of
Title 16 on other provisions of law.
(17.1) Said title is further amended by inserting the word
State preceding Board of Pharmacy wherever it appears in
Chapter 13 of Title 16, relating to controlled substances.
(18) Said title is further amended by adding the word and
following the semicolon at the end of paragraph (2) of subsection (c)
of Code Section 16-13-31, relating to trafficking in cocaine, illegal
drugs, or marijuana.
(19) Said title is further amended by deleting the word
Phenyletoloxamine and inserting in lieu thereof
Phenyltoloxamine in paragraph (727) of subsection (b) of Code
Section 16-13-71, relating to defining dangerous drug.
(20) Said title is further amended by striking from paragraph (10)
of subsection (c) of Code Section 16-13-71, relating to defining
dangerous drug, the following:
precent,
GEORGIA LAWS 1982 SESSION
31
and inserting in lieu thereof the following:
percent.
Section 17. Title 17 of the Official Code of Georgia Annotated,
relating to criminal procedure, is amended as follows:
(1) Said title is amended by deleting the words Justice of the
peace from the signature line of the affidavit form in Code Section
17-4-45, relating to form of affidavit for arrest warrant.
(2) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a period at the end of paragraph (5) of
subsection (a) of Code Section 17-6-3, relating to acceptance of
recognizance bonds for military personnel.
(3) Said title is further amended by deleting the word certain-
tly and inserting in lieu thereof certainty in the form in subsection
(e) of Code Section 17-7-71, relating to trial of defendants upon
accusations in misdemeanor cases and amendment of the accusation
by the prosecuting attorney.
(4) Said title is further amended by adding the words as to the
offense charged preceding the period in subsection (b) of Code
Section 17-7-95, relating to entry of a plea of nolo contendere by an
accused in noncapital felony cases and imposition of sentence.
(5) Said title is further amended by deleting the comma preced-
ing the word and and inserting a comma between the words and
and if in the first sentence of subsection (b) of Code Section 17-7-
130, relating to proceedings upon plea of mental incompetency to
stand trial.
(6) Said title is further amended by deleting the comma follow-
ing the word purpose in Code Section 17-8-74, relating to allowance
of additional time for closing argument.
(7) Said title is further amended by deleting the comma follow-
ing the word introduced in subsection (a) of Code Section 17-9-1,
relating to when direction of verdict of acquittal is authorized.
(8) Said title is further amended by inserting the word period
following time in the first sentence of subsection (b) of Code
32
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 17-10-1, relating to fixing of sentence by the judge in misde-
meanor and felony cases and suspension or probation of sentence.
(9) Said title is further amended by deleting the word it
following the word expresses in paragraph (1) of Code Section 17-
11-4, relating to imposition of costs and jail fees upon prosecutor.
(10) Said title is further amended by adding a semicolon between
the words state and nor in the third sentence of subsection (b) of
Code Section 17-13-46, relating to execution and filing of written
waiver of extradition proceedings by an accused.
(11) Said title is further amended by adding the word is
between the words as and a in subsection (a) of Code Section 17-
14-13, relating to manner of enforcement of a restitution order.
Section 18. Title 18 of the Official Code of Georgia Annotated,
relating to debtor and creditor, is amended as follows:
(1) By striking Chapter 10 and inserting in lieu thereof
Chapter 11 in Code Section 18-4-1, relating to practice and proce-
dure in garnishment cases.
(2) By striking Chapter 10 and inserting in lieu thereof Chap-
ter 11 in Code Section 18-4-2, relating to discovery in garnishment
proceeding.
(3) By striking Chapter 10 and inserting in lieu thereof
Chapter 11 in subsection (b) of Code Section 18-4-65, relating to
issues defendant may raise by traverse of plaintiffs affidavit.
Section 19. Title 19 of the Official Code of Georgia Annotated,
relating to domestic relations, is amended as follows:
(1) Said title is amended by deleting the word person and
inserting in lieu thereof persons preceding the word therein and
by deleting the word required and inserting in lieu thereof
require in subsection (c) of Code Section 19-3-30, relating to when,
where, and by whom marriage licenses shall be issued and to whom
they are directed.
(2) Said title is further amended by deleting the figure 600,000
and inserting in lieu thereof 550,000 in Code Section 19-3-31,
GEORGIA LAWS 1982 SESSION
33
relating to issuance of licenses at satellite courthouses in certain
counties.
(3) Said title is further amended by deleting the word cer-
emeony and inserting in lieu thereof ceremony in Code Section 19-
3-48, relating to penalty for officiating at illegal marriage ceremony.
(4) Said title is further amended by deleting the words or her
in paragraph (5) of subsection (a) of Code Section 19-6-5, relating to
factors in determining amount of alimony.
(5) Said title is further amended by deleting the comma follow-
ing the word may in the fourth sentence of Code Section 19-7-45,
relating to blood tests.
(6) Said title is further amended by deleting the word RIGHT
and inserting in lieu thereof RIGHTS in paragraph (3) of subsec-
tion (c) of Code Section 19-8-4, relating to how surrender of parental
rights shall be executed.
(6.1) Said title is further amended by deleting Chapter 9 of this
title and inserting in lieu thereof this chapter in subsection (c) of
Code Section 19-9-1, relating to the initial determination and review
of determinations of child custody in the case of a divorce.
(6.2) Said title is further amended by deleting Chapter 9 of this
title and inserting in lieu thereof this Chapter in subsection (c) of
Code Section 19-9-3, relating to discretion of the court in child
custody disputes between parents.
(7) Said title is further amended by deleting 49-5-43 or Code
Section from subsection (b) of Code Section 19-9-4, relating to
investigation of abuse, neglect, etc., in custody disputes.
(8) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a comma following the word entered in
paragraph (11) of Code Section 19-11-42, relating to definitions in the
Uniform Reciprocal Enforcement of Support Act.
(9) Said title is further amended by deleting the word defend-
ant and inserting in lieu thereof respondent in Code Section 19-
13-2, relating to jurisdiction of superior courts.
34
GENERAL ACTS AND RESOLUTIONS, VOL. I
(10) Said title is further amended by deleting the word plaintiff
and inserting in lieu thereof petitioner twice in subsection (b) and
once in subsection (c) of Code Section 19-13-3, relating to filing of
petitions seeking relief from family violence.
Section 20. Title 20 of the Official Code of Georgia Annotated,
relating to education, is amended as follows:
(1) Said title is amended by deleting the semicolon and inserting
in lieu thereof a comma following the word turpitude in Code
Section 20-2-34, relating to recommendations by the State School
Superintendent to the State Board of Education.
(2) Said title is further amended by deleting caluculated and
inserting in lieu thereof calculated in the first sentence of subsec-
tion (a) of Code Section 20-2-187, relating to the amount and use of
funds for student transportation.
(3) Said title is further amended by deleting the comma follow-
ing the word equalized in paragraph (2) of subsection (a) of Code
Section 20-2-223, relating to calculation of required local support
according to financial ability.
(4) Said title is further amended by deleting the comma follow-
ing the word taxation in Code Section 20-2-370, relating to referen-
dum on repeal of special school law and consolidation of systems.
(5) Said title is further amended by deleting the semicolons and
inserting in lieu thereof periods at the end of paragraphs (1) through
(7) of Code Section 20-2-792, relating to definitions in the Profes-
sional Teaching Practices Act.
(6) Said title is further amended by deleting or certify to the
State School Superintendent the amount of funds the second time
such language appears in Code Section 20-2-893, relating to providing
for funds required annually for employer contributions.
(7) Said title is further amended by deleting purchase and
inserting in lieu thereof purchases in Code Section 20-2-1014,
relating to the purchase price of textbooks.
(8) Said title is further amended by deleting the word Adminis-
tration and inserting in lieu thereof Administrative in subsection
(d) of Code Section 20-3-113, relating to review by the State Board of
Education of its decisions.
GEORGIA LAWS 1982 SESSION
35
(9) Said title is further amended by deleting the comma follow-
ing Paragraph 1(a) in Code Section 20-3-167, relating to remedies of
bondholders, receivers, or indenture trustees.
(10) Said title is further amended by adding a comma after the
word program in subparagraph (B) of paragraph (4) of Code
Section 20-3-201, relating to definitions in the Private Colleges and
Universities Facilities Authority Act.
(11) Said title is further amended by inserting a period following
students in paragraph (1) of subsection (a) of Code Section 20-3-
261, relating to legislative findings concerning postsecondary educa-
tion.
(12) Said title is further amended by deleting the semicolon
following the word States in subparagraph (Z) of paragraph (1) of
Code Section 20-3-266, relating to powers and duties of the Georgia
Higher Education Assistance Corporation.
(13) Said title is further amended by deleting the comma between
the words agreement and inform in subsection (a) of Code
Section 20-3-278, relating to reports as to loan commitment agree-
ments.
(14) Said title is further amended by adding a comma following
the word directors in the first sentence of Code Section 20-3-315,
relating to Georgia Student Finance Authority officers and employ-
ees.
(15) Said title is further amended by deleting the words provi-
sions of in subsection (a) of Code Section 20-3-391, relating to the
state student incentive grant program.
(16) Said title is further amended by deleting the comma follow-
ing Paragraph VII in Code Section 20-3-500, relating to board of
regents scholarships.
(17) Said title is further amended by deleting the word indus-
tries and inserting in lieu thereof industrial in Code Section 20-4-
41, relating to extent and nature of quick start training to be offered.
(18) Said title is further amended by deleting sentence or provi-
sions and inserting in lieu thereof sentence or provision in Article
XII of the Interstate Library Compact as contained in Code Section
20-5-61, relating to enactment of the compact.
36
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 21. Title 21 of the Official Code of Georgia Annotated,
relating to elections, is amended as follows:
(1) Said title is amended by deleting and each and inserting
in lieu thereof . Each in subsection (c) of Code Section 21-1-2,
relating to preparation, printing, publicizing, etc., of summary of
general amendments to Constitution of Georgia.
(2) Said title is further amended by inserting a comma after the
word chapter in paragraph (5) of Code Section 21-2-2, relating to
definitions relative to the Georgia Election Code.
(3) Said title is further amended by deleting the word presi-
dental and inserting in lieu thereof presidential in Code Section
21-2-10, relating to presidential electors.
(4) Said title is further amended by deleting the word chari-
man and inserting in lieu thereof chairman in subsection (e) of
Code Section 21-2-134, relating to substitute nominations to fill
vacancies in party nominations caused by death, disqualification, etc.
(5) Said title is further amended by deleting the word unless
and inserting in lieu thereof if between the words office and he
in the introductory language of subsection (b) of Code Section 21-2-
153, relating to qualification of candidates for party nomination in a
primary.
(6) Said title is further amended by deleting the comma follow-
ing the words each county in the first sentence of subsection (a) of
Code Section 21-2-211, relating to appointment, compensation, etc.,
of county registrars.
(7) Said title is further amended by deleting the comma after the
word districts and inserting in lieu thereof a semicolon in Code
Section 21-2-238, relating to persons entitled to vote in each election
district.
(8) Said title is further amended by deleting the comma follow-
ing the word electors in the first sentence of subsection (a) of Code
Section 21-2-262, relating to petition by electors or by county execu-
tive committee of a political party for division of election districts or
alteration of boundaries of election districts.
GEORGIA LAWS 1982 SESSION
37
(9) Said title is further amended by deleting the comma follow-
ing the word temporarily in subsection (b) of Code Section 21-2-
330, relating to instruction of electors in use of voting machines before
a primary or election.
(10) Said title is further amended by adding the word and
between questions, and the in Code Section 21-2-364, relating to
voting by paper ballot when use of vote recorders is impossible or
impracticable.
(11) Said title is further amended by deleting 600,000 and
inserting in lieu thereof 550,000 in Code Section 21-2-382, relating
to utilization of courthouse annex, etc., in certain counties as
registrars office, etc.
(11.1) Said title is further amended by adding the word in
preceding subsection in subsection (c) of Code Section 21-2-384,
relating to the oaths of absentee electors and persons assisting
absentee electors.
(11.2) Said title is further amended by designating the first
unnumbered paragraph as subsection (a) in Code Section 21-2-402,
relating to the preparation of voters certificates by the Secretary of
State.
(12) Said title is further amended by deleting the comma follow-
ing the word sheets in the second sentence of subsection (a) of Code
Section 21-2-455, relating to canvass and return of votes.
(13) Said title is further amended by adding a comma after the
word peace in subparagraph (4)(C) of Code Section 21-2-497,
relating to preparation by a superintendent of four copies of consoli-
dated return of elections.
(14) Said title is further amended by deleting 600,000 and
inserting in lieu thereof 550,000 in Code Section 21-3-10, authoriz-
ing the governing authority of certain municipalities to allow the
county to conduct all elections held pursuant to Chapter 3 of Title 21.
(15) Said title is further amended by deleting in subsection (a) of
this Code section from subsection (b) of Code Section 21-3-120,
relating to appointment and compensation of registrars and deputy
registrars.
38
GENERAL ACTS AND RESOLUTIONS, VOL. I
(15.1) Said title is further amended by striking registrars or
deputy registrars may not be and inserting in lieu thereof registrars
or deputy registrars not being in subsection (b) of Code Section 21-3-
121, relating to qualifications of registrars or deputy registrars.
(16) Said title is further amended by deleting the comma follow-
ing the word organization in paragraph (2) of Code Section 21-3-
186, relating to form of an official nonpartisan primary ballot.
(17) Said title is further amended by deleting the comma follow-
ing the word require in subsection (f) of Code Section 21-3-187,
relating to form of official election ballots.
(18) Said title is further amended by deleting the comma between
the word operated and the word and in paragraph (3) of Code
Section 21-3-210, relating to definitions relative to voting machines
and vote recorders.
(19) Said title is further amended by deleting the word require-
ment and inserting in lieu thereof requirements in the last sen-
tence of subsection (b) of Code Section 21-3-257, relating to prepara-
tion of vote recorders for voting, public tests of counting mechanisms,
and correction of errors before approval.
(20) Said title is further amended by deleting brother-in law
and inserting in lieu thereof brother-in-law in subsection (a) and by
deleting the word applicent and inserting in lieu thereof appli-
cant in subsection (c) of Code Section 21-3-283, relating to making of
application for an absentee ballot.
(21) Said title is further amended by deleting the comma follow-
ing the word elector in subsection (b) of Code Section 21-3-285,
relating to procedure for voting by absentee ballot.
(22) Said title is further amended by deleting chariman and
inserting in lieu thereof chairman in the third sentence of subsec-
tion (a) of Code Section 21-3-317, relating to the designation and
activities of election poll watchers.
(23) Said title is further amended by capitalizing the first letter of
the word that following the numeral (1) and by capitalizing the first
letter of the word the following the numerals (2), (3), (4), and (5) in
Code Section 21-3-364, relating to duties of poll officers after the close
of the polls.
GEORGIA LAWS 1982 SESSION
39
(24) Said title is further amended by deleting the comma follow-
ing the word removed in subsection (b) of Code Section 21-3-383,
relating to counting of ballot cards, write-in ballots, absentee ballots,
etc., at tabulating machine centers.
(25) Said title is further amended by deleting the word runoff
and inserting in lieu thereof run-off in paragraph (5) of Code
Section 21-5-3, relating to definitions relative to the Campaign and
Financial Disclosure Act.
Section 22. Reserved.
Section 23. Reserved.
Section 24. Reserved.
Section 25. Title 25 of the Official Code of Georgia Annotated,
relating to fire protection and safety, is amended as follows:
(1) Said title is amended by deleting the word city and insert-
ing in lieu thereof municipality twice in paragraph (2) of subsection
(a) of Code Section 25-2-12.1, relating to deputizing of local fire
marshals, deputy local fire marshals, and state inspectors as state
officers.
(2) Said title is further amended by adding the word which
between the words or and is in paragraph (2) of subsection (b) of
Code Section 25-2-13, relating to buildings presenting special hazards
to persons or property.
(3) Said title is further amended by deleting the word city and
inserting in lieu thereof municipal in subsection (a) of Code Section
25-2-14, relating to requirement, issuance, etc., of building permits
and certificates of occupancy.
(4) Said title is further amended by inserting of investigation
following the word director in the first sentence of subsection (a) of
Code Section 25-2-33, relating to release of fire loss information by
insurers on request by the state fire marshal, etc., or on suspicion of
arson, and by inserting the word and following the semicolon at the
end of paragraph (3) of said subsection.
40
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Said title is further amended by deleting the word copart-
nership and inserting in lieu thereof partnership in paragraph (11)
of Code Section 25-8-2, relating to definitions relative to blasting
standards.
(6) Said title is further amended by deleting the word State in
Code Section 25-10-7, relating to applicability of provisions of Chap-
ter 10 of Title 25.
Section 26. Title 26 of the Official Code of Georgia Annotated,
relating to food, drugs, and cosmetics, is amended as follows:
(1) Said title is amended by deleting the provisions of from
subparagraph (9) (A) of Code Section 26-2-28, relating to when food is
deemed to be misbranded.
(2) Said title is further amended by adding a semicolon between
the words animal and and in Code Section 26-2-84, relating to
detention of carcasses, meat, and meat food products suspected of
being adulterated or misbranded.
(3) Said title is further amended by deleting and if and
inserting in lieu thereof . If in subsection (c) of Code Section 26-2-
103, relating to post-mortem inspection and marking of carcasses and
parts.
(4) Said title is further amended by adding an amount follow-
ing the word fined in Code Section 26-2-161, relating to penalty for
violations of Code Section 26-2-157,26-2-158,26-2-159, or 26-2-160.
(5) Said title is further amended by adding other than in such
investigations preceding the period at the end of subparagraph
(11)(B) of Code Section 26-3-2, relating to definitions relative to the
Georgia Drug and Cosmetic Act.
(6) Said title is further amended by deleting subsection (a) of
Code Section 26-3-9, relating to name and address of manufacturer on
label of drugs requiring prescription, and inserting in lieu thereof a
new subsection (a) to read as follows:
(a) Any drug product designed for human usage which is
branded as follows:
GEORGIA LAWS 1982 SESSION
41
Caution: Federal law prohibits dispensing without prescription
shall bear on the label the name and address of the manufacturer.
(7) Said title is further amended by deleting the word
prostrate and inserting in lieu thereof prostate in subsection (b)
of Code Section 26-3-13, relating to when a drug, device, or cosmetic
advertisement is deemed false.
(8) Said title is further amended by deleting the word
licentiate and inserting in lieu thereof licensee in Code Section
26-4-38, relating to proceedings by the State Board of Pharmacy.
(9) Said title is further amended by deleting the word offering
and inserting in lieu thereof which offers in subparagraph (4)(B) of
Code Section 26-5-3, relating to definitions relative to the Drug
Abuse Treatment and Education Act.
(10) Said title is further amended by striking from subparagraph
(16) (B) of Code Section 26-4-2, relating to definitions relative to
pharmacists, the following:
this article,
and inserting in lieu thereof the following:
Article 2 of this chapter.
Section 27. Title 27 of the Official Code of Georgia Annotated,
relating to game and fish, is amended as follows:
(1) Said title is amended by inserting the word Procedure
following Administrative in Code Section 27-1-5, relating to appli-
cability of Chapter 13 of Title 50, the Georgia Administrative
Procedure Act, to rules and regulations promulgated by the board.
(2) Said title is further amended by deleting the comma follow-
ing the word responsibilities in paragraph (5) of Code Section 27-1-
18, relating to powers of conservation rangers.
(3) Said title is further amended by deleting the word and
between the words information and as in the first sentence of
subsection (d) of Code Section 27-2-10, relating to commercial alliga-
tor farming licenses.
42
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Said title is further amended by deleting of the state
following remainder of the state in paragraph (8) of subsection (b)
and by deleting the comma following the word Service in subsec-
tion (d) of Code Section 27-3-15, relating to seasons and bag limits,
promulgation of rules and regulations by the board, and possession of
more than the bag limit.
(5) Said title is further amended by deleting prohibted and
inserting in lieu thereof prohibited at the end of the first sentence
in subsection (d) of Code Section 27-3-19, relating to the hunting and
possession of alligators.
(6) Said title is further amended by deleting the comma pre-
ceeding the word seafood in paragraph (9) of subsection (a) of Code
Section 27-4-130, relating to factors governing decision to open or
close salt waters.
(7) Said title is further amended by deleting managment and
inserting in lieu thereof management in Code Section 27-4-133,
relating to fishing with nets.
Section 28. Title 28 of the Official Code of Georgia Annotated,
relating to General Assembly, is amended as follows:
(1) Said title is amended by adding of subsection (a) following
(22) each time it appears in subsection (a) of Code Section 28-1-8,
relating to salary and allowances of members and officers of the
General Assembly.
(2) Said title is further amended by deleting act and inserting
in lieu thereof Act in paragraph (3) of Code Section 28-3-24,
relating to fees of the Secretary of the Senate and the Clerk of the
House of Representatives.
Section 29. Title 29 of the Official Code of Georgia Annotated,
relating to guardian and ward, is amended as follows:
(1) Said title is amended by deleting is not sued from subsec-
tion (b) of Code Section 29-2-49, relating to when sureties may be
subject to an action alone without first bringing action against
guardian and the effect of action on the guardian.
(2) Said title is further amended by adding the word this
between outside and state in Code Section 29-7-6, relating to the
right of a foreign guardian to bring actions.
GEORGIA LAWS 1982 SESSION
43
Section 30. Title 30 of the Official Code of Georgia Annotated,
relating to handicapped persons, is amended as follows:
(1) Said title is amended by adding a new subsection (d) at the
end of Code Section 30-1-4, relating to the Council on the Deaf, to
read as follows:
(d) Legislative members of the council shall receive expenses
and allowances authorized by law for members of the legislative
interim committees. The remaining members of the council shall
receive no compensation but shall be reimbursed for expenses incur-
red by them in the performance of their duties as council members.
The funds necessary to defray the expenses of state employees
incurred in the performance of their duties as members of the council
shall come from funds appropriated or otherwise available to their
respective departments. All other funds necessary to carry out this
Code section shall come from funds appropriated or otherwise
available to the legislative branch of state government.
(2) Said title is further amended by deleting provided, that
and inserting in lieu thereof provided that twice in paragraph (6)
of Code Section 30-3-2, relating to definitions relative to access to
public buildings by handicapped persons.
Section 31. Title 31 of the Official Code of Georgia Annotated,
relating to health, is amended as follows:
(1) Said title is amended by deleting article and inserting in
lieu thereof chapter in the first sentence of Code Section 31-4-1,
relating to the creation and composition of the Council on Maternal
and Infant Health.
(2) Said title is further amended by deleting secretary of health
and human services and inserting in lieu thereof Secretary of
Health and Human Services in paragraph (23) of subsection (a) of
Code Section 31-6-2, relating to definitions relative to state health
planning and development.
(3) Said title is further amended by deleting the word
infimary and inserting in lieu thereof infirmary in paragraph (2)
of Code Section 31-7-1, relating to definitions relative to regulation
and construction of hospitals.
44
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Said title is further amended by deleting secretary of health
and human services and inserting in lieu thereof Secretary of
Health and Human Services in subsections (b) and (d) of Code
Section 31-7-53, relating to the matching formula for grants, priority
system, use of earnings, and approval of federal grants.
(5) Said title is further amended by adding the word any
between nor and residents in Code Section 31-8-119, relating to
obtaining of contributions by coercion and use of contributions
designated for a restricted purpose.
(6) Said title is further amended by deleting the word commis-
sioner and inserting in lieu thereof director of the Office of Vital
Records in subsection (f) of Code Section 31-10-32, relating to
judicial procedure to establish facts of birth.
(7) Said title is further amended by adding the word and
following the semicolon at the end of paragraph (4) of Code Section
31-11-31, relating to application for an ambulance service license.
(8) Said title is further amended by deleting knowledgable
and inserting in lieu thereof knowledgeable in subsection (a) of
Code Section 31-19-7, relating to the appointment and fees of the
county rabies control officer.
(9) Said title is further amended by deleting the word of and
inserting in lieu thereof on the following the word Commission in
paragraph (1) of Code Section 31-20-1, relating to definitions relative
to sterilization procedures.
(10) Said title is further amended by deleting secion and insert-
ing in lieu thereof section at the end of paragraph (3) of subsection
(b) of Code Section 31-23-6, relating to the removal of eye or corneal
tissue of certain deceased persons.
Section 32. Title 32 of the Official Code of Georgia Annotated,
relating to highways, bridges, and ferries, is amended as follows:
(1) Said title is amended by deleting the word incidental and
inserting in lieu thereof incident in paragraph (6) and by adding a
comma following the words counties and thereof in paragraph (7)
of Code Section 32-1-3, relating to definitions relative to Title 32, and
by deleting (1) and inserting in lieu thereof (2) following the word
paragraph in paragraph (18) of said Code section.
GEORGIA LAWS 1982 SESSION
45
(2) Said title is further amended by deleting the comma follow-
ing 45-15-16 in paragraph (4) of subsection (a) of Code Section 32-
2-2, relating to powers and duties of the Department of Trans-
portation, and by deleting supervisor of purchases and inserting in
lieu thereof Department of Administrative Services in subpara-
graph (a)(16)(D) of said Code section.
(2.1) Said title is further amended by deleting within and
between and inserting in lieu thereof within or between in para-
graph (1) of subsection (a) of Code Section 32-2-3, relating to develop-
ment of long-range transportation plans, planning techniques, etc.
(2.2) Said title is further amended by deleting Authority for the
State and inserting in lieu thereof Authority or the State in
paragraph (1) of subsection (a) of Code Section 32-2-75, relating to
insertion in contracts of clauses providing for retainage of amounts
constituting a percentage of gross value of completed work.
(2.3) Said title is further amended by deleting clause relating
to in subsection (a) of Code Section 32-2-76, relating to insertion in
contracts of clauses providing for escrow agreements.
(2.4) Said title is further amended by deleting Any property or
interest, including scenic easements, airspace, and rights of access,
may be acquired and inserting in lieu thereof Any property may be
acquired in fee simple or in any lesser interest, including scenic
easements, air space, and rights of access, in subsection (a) of Code
Section 32-3-1, relating to authority of state, counties, and municipal-
ities to acquire property or interests by gift, purchase, condemnation,
etc., for present or future public road or other transportation pur-
poses.
(2.5) Said title is further amended by deleting Any property or
interest may be so acquired and inserting in lieu thereof Any
property may be so acquired in fee or any lesser interest in the
second sentence of subsection (a) of Code Section 32-3-3, relating to
acquisition of property or interests by donation, exchange, prescrip-
tion, etc.
(2.6) Said title is further amended by deleting may petition the
superior court of the county having jurisdiction for a judgment in
rem and inserting in lieu thereof may file a proceeding in rem in the
superior court of the county having jurisdiction in Code Section 32-
46
GENERAL ACTS AND RESOLUTIONS, VOL. I
3-4, relating to authority of state, county, or municipality to bring
condemnation proceedings for public road purposes.
(2.7) Said title is further amended by deleting title to the
property or interest and inserting in lieu thereof title to the
property in fee simple absolute or such lesser interest in Code
Section 32-3-7, relating to the vesting of title in the condemning
authority.
(2.8) Said title is further amended by deleting , subject, how-
ever, to the power of the court as provided for in Code Section 32-3-
11 at the end of subsection (b) of Code Section 32-3-17, relating to
right to intervene in proceedings and effect of subsequent proceed-
ings on rights of condemnor.
(2.9) Said title is further amended by adding a new Code section
following Code Section 32-3-17, to be designated Code Section 32-3-
17.1, to read as follows:
32-3-17.1. All questions of law arising upon the pleadings or in
any other way arising from the cause, subsequent to the filing of the
declaration of taking and the deposit of the fund, and subsequent to
the filing of notice of appeal, if any, shall be passed on by the
presiding judge who may, from time to time, in term or vacation,
make such orders and give such directions as are necessary to speed
the cause, and as may be consistent with justice and due process of
law; but no jury trial shall be had except in open court.
(2.10) Said title is further amended by deleting 32-3-11 and
inserting in lieu thereof 32-3-20 in Code Section 32-3-18, relating to
effect of appeal, bond, etc., on vesting of title in condemnor.
(2.11) Said title is further amended by deleting Chapter 1,
from subsection (a) of Code Section 32-5-1, relating to receipt of
funds by state.
(2.12) Said title is further amended by deleting All and insert-
ing in lieu thereof One-third to pay all in subparagraph (4)(A), by
deleting All and inserting in lieu thereof One-third to pay all in
subparagraph (4)(B), and by deleting All and inserting in lieu
thereof The remaining one-third to pay all in subparagraph (4)(C)
of Code Section 32-5-21, relating to priority of expenditures from the
State Public Transportation Fund.
GEORGIA LAWS 1982 SESSION
47
(3) Said title is further amended by deleting the words Not
withstanding and inserting in lieu thereof Notwithstanding in the
introductory language of Code Section 32-5-23, relating to limitations
on expenditures from the State Public Transportation Fund.
(4) Said title is further amended by deleting the comma follow-
ing the word purpose in the second sentence of Code Section 32-5-
24, relating to authorization of expenditure for public roads serving
planned communities.
(5) Said title is further amended by deleting 40-6-1 through 40-
6-3 and inserting in lieu thereof 40-6-200, 40-6-202, 40-6-203, and
40-6-204 in the introductory language of Code Section 32-6-2, relat-
ing to authority of the department, counties, and municipalities to
regulate parking.
(6) Said title is further amended by deleting of subsection (a) of
this Code section and inserting in lieu thereof of this subsection in
subsection (b) and by deleting the commas following the words
remove and court in paragraph (2) of subsection (h) of Code
Section 32-6-27, relating to enforcement of load limitations.
(7) Said title is further amended by deleting the comma follow-
ing the word issue in paragraph (6) of subsection (a) of Code
Section 32-6-28, relating to permits for excess weight and dimensions,
and by deleting the word subparagraph and inserting in lieu thereof
paragraph twice in the last paragraph of subsection (c) of said Code
section.
(8) Said title is further amended by deleting 44-4-1 and insert-
ing in lieu thereof 16-7-43 in paragraph (10) of subsection (a) of
Code Section 32-6-29, relating to the duty of the department to
enforce Article 2 of Chapter 6 of Title 32 and paragraph (15) of
subsection (a) of Code Section 32-2-2.
(9) Said title is further amended by deleting the comma follow-
ing the word carried in paragraph (3) of subsection (a) of Code
Section 32-6-30, relating to authority of law enforcement officers and
other department authorized personnel to stop vehicles for purposes
of weighing, measuring, or inspecting.
(10) Said title is further amended by inserting 32-6-3, between
32-1-10, and 32-6-26,; by adding the word and following 32-6-
48
GENERAL ACTS AND RESOLUTIONS, VOL. I
27,; and by deleting , and 32-6-30 in Code Section 32-6-31, relating
to construction of Code Sections 32-1-7, 32-1-10, 32-6-3, 32-6-26, 32-
6-27, and 32-6-29.
(10.1) Said title is further amended by deleting shall be
approved by the board only and inserting in lieu thereof only shall
be approved by the board in paragraph (29) of Code Section 32-6-71,
relating to definitions relative to erection of outdoor advertising, etc.
in areas adjacent to rights of way of roads in state highway system.
(11) Said title is further amended by deleting the comma follow-
ing 32-6-79 in subsection (a) of Code Section 32-6-80, relating to
renewal of permits for nonconforming signs.
(11.1) Said title is further amended by deleting paragraph (1)
of in paragraph (2) of subsection (a) of Code Section 32-6-81,
relating to revocation or withholding of permits for illegal or unautho-
rized actions against the departments property.
(12) Said title is further amended by deleting the word timely
preceding the word retrieve in subsection (d) of Code Section 32-6-
96, relating to authority of the department to enter upon private
lands to implement administrative decisions.
(12.1) Said title is further amended by adding the word state
preceding highway system in subsection (c) of Code Section 32-6-
191, relating to determination of responsibility for construction of
new grade crossings and relocation of existing grade crossings.
(12.2) Said title is further amended by deleting the word an
between performing and emergency and inserting in lieu thereof
any in the last sentence of subsection (b) of Code Section 32-6-202,
relating to authority of department, counties, and municipalities to
require railroads to fulfill duties to maintain grade separation struc-
tures, protective devices, and grade crossings.
(12.3) Said title is further amended by deleting 4630 and
inserting in lieu thereof 210 in paragraph (1) of subsection (a), by
deleting 4655 and inserting in lieu thereof 305 in paragraph (2) of
subsection (a), by deleting 4655 and inserting in lieu thereof 305
in subsection (b), and by deleting 4655 and inserting in lieu thereof
305 in subsection (c) of Code Section 32-8-1, relating to relocation
assistance to persons displaced by federal-aid highway projects.
GEORGIA LAWS 1982 SESSION
49
(12.4) Said title is further amended by deleting 4630 and
inserting in lieu thereof 210 in paragraph (1) of subsection (a), by
deleting 4655 and inserting in lieu thereof 305 in paragraph (2) of
subsection (a), by deleting 4655 and inserting in lieu thereof 305
in subsection (b), and by deleting 4655 and inserting in lieu thereof
305 in subsection (c) of Code Section 32-8-3, relating to relocation
assistance to persons displaced by federal-aid river and harbor
improvement projects.
(12.5) Said title is further amended by deleting the word
reasearch and inserting in lieu thereof research in paragraph (1)
of subsection (b) and by deleting the word developing and inserting
in lieu thereof development of in subparagraph (b)(2)(A) of Code
Section 32-9-1, relating to departmental aid for mass transportation
facilities.
(12.6) Said title is further amended by deleting to the user in
paragraph (4) of subsection (b) of Code Section 32-9-6, relating to
departmental aid for rail service.
(12.7) Said title is further amended by striking biphenal and
inserting in lieu thereof biphenyl in paragraph (2) of Code Section
32-6-222, relating to definition of hazardous waste.
(13) Said title is further amended by deleting the comma between
the words securities issued by and such authority in subsection
(d) of Code Section 32-9-9, relating to creation of transit authority by
special legislation and the authoritys attributes and powers, and by
deleting the first sentence of subsection (d) and inserting in lieu
thereof the following:
The General Assembly may, by special Act, create a transit
authority charged with the duty of acquiring, constructing, owning,
operating, and maintaining a mass rapid transit system within a
metropolitan area as defined in this Code section.
(13.1) Said title is further amended by adding the words as
amended, following p. 124, in paragraph (2) of Code Section 32-
10-1, relating to definitions relative to the Georgia Highway Author-
ity.
(13.2) Said title is further amended by deleting the word com-
mitted and inserting in lieu thereof permitted in the last sentence
50
GENERAL ACTS AND RESOLUTIONS, VOL. I
of subsection (b) of Code Section 32-10-3, relating to members,
compensation, officers, quorum, record of proceedings of the Georgia
Highway Authority.
(14) Said title is further amended by deleting the word for and
inserting in lieu thereof or following the word engineer in Code
Section 32-10-7, relating to projects and letting of contracts by
competitive bids.
(14.1) Said title is further amended by adding (a) following
Paragraph I and (b) following Paragraph VII in the last
sentence of Code Section 32-10-43, relating to rights and remedies of
holders of bonds or interest coupons, of receivers for such holders,
and of indenture trustees.
(14.2) Said title is further amended by adding all necessary
relocation expenses, following the word means in paragraph (6) of
Code Section 32-10-60, relating to definitions relative to the State
Tollway Authority.
(14.3) Said title is further amended by deleting committed
and inserting in lieu thereof permitted in subsection (a) of Code
Section 32-10-62, relating to membership, compensation, officers,
bylaws, quorum, record of proceedings of the State Tollway Author-
ity.
(15) Said title is further amended by deleting the comma follow-
ing the word thereon and by deleting the comma following the
words property of the state and inserting in lieu thereof a semicolon
in Code Section 32-10-103, relating to rights and remedies of holders
of bonds or interest coupons and of indenture trustees.
Section 33. Title 33 of the Official Code of Georgia Annotated,
relating to insurance, is amended as follows:
(1) Said title is amended by adding a comma following the word
associations in paragraph (4) and by adding a comma following the
word groups in paragraph (5) of Code Section 33-1-2, relating to
definitions relative to insurance.
(2) Said title is further amended by deleting ; except that
before and inserting in lieu thereof , except that, before in Code
Section 33-1-4, relating to use of existing forms and filings.
GEORGIA LAWS 1982 SESSION
51
(3) Said title is further amended by adding a comma between
the words that and when in the last sentence of Code Section 33-
2-15, relating to payment of expenses of examinations.
(4) Said title is further amended by deleting the commas
between the words hearing and which in subsections (b) and (c)
of Code Section 33-2-24, relating to powers of the Insurance Commis-
sioner for enforcement of title and rules, regulations, and orders
promulgated thereunder.
(5) Said title is further amended by deleting the comma follow-
ing the word contract in subsection (b) of Code Section 33-3-2,
relating to certificate of authority required for transaction of insur-
ance within the state.
(6) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a comma after the word title in subsection
(a) of Code Section 33-3-3, relating to qualifications for transaction of
insurance.
(7) Said title is further amended by adding a comma between
the words that and if* in paragraph (3) of Code Section 33-3-4,
relating to kinds of insurance in which insurers may transact.
(8) Said title is further amended by placing parentheses around
stock, mutual, and reciprocal insurers, if a stock insurer, and if a
mutual or reciprocal insurer in Code Section 33-3-7, relating to
requirement of surplus for new insurers.
(9) Said title is further amended by deleting the comma follow-
ing the word insurance and preceding or $300,000.00 in para-
graph (3) of subsection (b) of Code Section 33-3-8, relating to require-
ments as to deposit of securities.
(10) Said title is further amended by adding the word insurance
between or and of in paragraph (2) of subsection (b) of Code
Section 33-3-11, relating to requirement of a licensed resident agent.
(11) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a comma following the word confusion in
subsection (a) of Code Section 33-3-12, relating to requirements as to
the name of an insurer.
52
GENERAL ACTS AND RESOLUTIONS, VOL. I
(12) Said title is further amended by deleting the word suit and
inserting in lieu thereof an action in paragraph (2) of subsection (a)
of Code Section 33-3-20, relating to imposition of administrative fine
upon an insurer for certain acts of officers, employees, agents, or
representatives.
(13) Said title is further amended by deleting the period and
inserting in lieu thereof a semicolon at the end of division (l)(B)(iii)
of Code Section 33-3-22, relating to reports of insurers authorized to
transact product liability insurance, and by adding the word and at
the end of paragraph (6) of said Code section.
(14) Said title is further amended by deleting the word incude
and inserting in lieu thereof include in subsection (b) of Code
Section 33-3-24, relating to institutions of the Farm Credit System.
(15) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a comma following the word insurance in
subsection (b) of Code Section 33-3-25, relating to retaliation.
(16) Said title is further amended by deleting the word Associa-
tion and inserting in lieu thereof association in Code Section 33-4-
2, relating to service of process.
(17) Said title is further amended by deleting the comma follow-
ing the word state in paragraph (1) of subsection (a) of Code
Section 33-5-1, relating to prohibiting representation of unauthorized
insurers.
(18) Said title is further amended by deleting the comma follow-
ing the word state in subsection (b) of Code Section 33-5-2, relating
to validity of contracts effectuated by unauthorized insurers.
(19) Said title is further amended by adding a comma between
the words records and or in paragraph (2) of subsection (a) of
Code Section 33-5-23, relating to revocation or suspension of a
brokers license.
(20) Said title is further amended by adding a comma following
the word October in subsection (a) of Code Section 33-5-29, relat-
ing to filing of quarterly affidavits by surplus line brokers.
GEORGIA LAWS 1982 SESSION
53
(21) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a comma following the word period in Code
Section 33-5-32, relating to penalty for failure to file quarterly
affidavit or remit tax within time prescribed by law.
(22) Said title is further amended by deleting the comma follow-
ing proceeding is pending and by inserting a comma following
approved by the court in paragraph (1) of subsection (a) of Code
Section 33-5-57, relating to conditions precedent to filing of pleadings
by an insurer.
(23) Said title is further amended by deleting the word Act and
inserting in lieu thereof act in Code Section 33-6-1, relating to the
purpose of Chapter 6, relating to unfair trade practices.
(24) Said title is further amended by deleting the period and
inserting in lieu thereof a semicolon and the word and at the end of
subparagraph (7)(B) of Code Section 33-6-5, relating to other unfair
methods of competition and unfair and deceptive acts or practices.
(25) Said title is further amended by deleting the word connec-
tion and inserting in lieu thereof connected in Code Section 33-7-
4, relating to life insurance.
(26) Said title is further amended by deleting the commas follow-
ing the words contracts and policies in paragraph (2) of Code
Section 33-7-7, relating to surety insurance.
(27) Said title is further amended by deleting the period and
inserting in lieu thereof a semicolon at the end of subparagraph
(a)(1)(A) of Code Section 33-7-11, relating to requirements of motor
vehicle liability policies; by deleting the word or at the end of
divisions (b)(l)(D)(i), (b)(l)(D)(ii), and (b)(l)(D)(iii); and by deleting
John Doe; and inserting in lieu thereof John Doe; in said Code
section.
(28) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a comma at the end of paragraph (9) of Code
Section 33-8-5, relating to abatement or reduction of tax on insurance
premiums.
(29) Said title is further amended by deleting the period and
inserting in lieu thereof a semicolon at the end of paragraph (1) of
54
GENERAL ACTS AND RESOLUTIONS, VOL. I
subsection (b) of Code Section 33-8-8, relating to imposition of license
fees upon life insurance companies by counties, municipal corpora-
tions, etc.
(30) Said title is further amended by deleting thereof, or if and
inserting in lieu thereof thereof or, if in paragraph (4) of subsection
(a); by adding the word or following the semicolon in paragraph (6)
of subsection (a); and by deleting the comma following the word
state in subsection (b) of Code Section 33-9-3, relating to applica-
tion of Chapter 9.
(31) Said title is further amended by deleting the comma follow-
ing the word applicable and inserting a comma between the words
and and in in paragraph (4); by deleting the period and inserting
in lieu thereof a semicolon in paragraph (8); and by deleting the
period and inserting in lieu thereof and in paragraph (9) of Code
Section 33-9-4, relating to standards applicable to making and use of
rates.
(32) Said title is further amended by deleting the word Section
and inserting in lieu thereof section in subsection (c) of Code
Section 33-9-8, relating to the requirement of agreements among
admitted insurers for apportionment of casualty insurance, and by
adding a comma after the word adherents in the first sentence of
subsection (d) of said Code section.
(33) Said title is further amended by adding a comma following
the word section in subsection (c) of Code Section 33-9-22, relating
to conduct of examinations of rating organizations, advisory organiza-
tions, etc., by the Commissioner.
(34) Said title is further amended by adding a comma following
the word group in Code Section 33-9-27, relating to issuance of
notice by the Commissioner upon determination of noncompliance of
insurer, rating organization, advisory organization, etc., with require-
ments of Chapter 9.
(35) Said title is further amended by adding a comma between
the words noncompliance and provided and deleting the comma
following provided and by adding a comma between 33-9-27 and
the in Code Section 33-9-28, relating to conduct of hearing by the
Commissioner upon failure of an insurer, organization, etc., to correct
noncompliance, etc.
GEORGIA LAWS 1982 SESSION
55
(36) Said title is further amended by adding a comma between
the words but and if in subsection (a) of Code Section 33-9-38,
relating to penalty for failure to comply with a final order of the
Commissioner.
(37) Said title is further amended by deleting the word or
following the semicolon in subparagraph (1)(A) and inserting the
word or following the semicolon in subparagraph (1)(B) of Code
Section 33-10-9, relating to employers liability and workers compen-
sation insurance.
(38) Said title is further amended by deleting liabilities herein-
after called reserves and inserting in lieu thereof liabilities, herein-
after called reserves, in subsection (b) of Code Section 33-10-13,
relating to valuation of reserves; by deleting Tables; except, that
and inserting in lieu thereof Tables, except that in subparagraph
(d)(1)(B); by deleting the semicolon and inserting in lieu thereof a
period at the end of subparagraph (d)(1)(H); by deleting the comma
following the word Table in subparagraph (d)(2)(C); by deleting
the semicolon and inserting in lieu thereof a period in subparagraph
(d) (2)(E); by adding the word and following the semicolon at the
end of subparagraph (e)(1)(A); by deleting the semicolon and insert-
ing in lieu thereof a period at the end of subparagraph (e)(1)(B); by
adding a comma between the words employer and including and
a comma following the word proprietorship in subparagraph
(e) (2)(B); and by deleting the semicolon and inserting in lieu thereof a
period at the end of paragraph (1) of subsection (h) of said Code
section.
(39) Said title is further amended by designating the introductory
language as subsection (a) in Code Section 33-11-25, relating to
bonds, etc., secured by a first mortgage or deed of trust upon
improved or income-producing real property in the United States or
Canada; by deleting the periods and inserting in lieu thereof sem-
icolons at the end of subparagraphs (1)(A), (1)(B), (1)(D), and (1)(E);
by deleting the semicolon and inserting in lieu thereof a period at the
end of subparagraph (4)(B); and by redesignating paragraph (5) as
subsection (b) of said Code section.
(40) Said title is further amended by deleting the word benefit
and inserting in lieu thereof benefits in subsection (f) of Code
Section 33-11-34, relating to establishment, etc., of separate accounts
for funds received in connection with pension, retirement, and profit-
sharing plans.
56
GENERAL ACTS AND RESOLUTIONS, VOL. I
(41) Said title is further amended by deleting the semicolon
following the word provided in subsection (g) of Code Section 33-
11-35, relating to establishment, etc., of separate accounts for variable
annuity contracts.
(42) Said title is further amended by adding a comma following
the words provided that in paragraph (5) of subsection (b) of Code
Section 33-11-36, relating to establishment of separate accounts for
variable life insurance policies; by adding a comma following the word
ability in the second sentence of subsection (g); and by deleting the
word subparagraph and inserting in lieu thereof subparagraphs
in subsection (h) of said Code section.
(43) Said title is further amended by adding the word or
following the semicolon at the end of paragraph (2) of subsection (b)
of Code Section 33-12-1, relating to persons with whom a required
deposit is to be made.
(44) Said title is further amended by deleting the Treasurer
and from Code Section 33-12-12, relating to proceedings upon
appointment of a receiver.
(45) Said title is further amended by adding a comma following
the word Affiliate preceding the quotation marks, by adding a
comma following the words specific person, and by adding the word
who following the words a person in paragraph (1) of Code
Section 33-13-1, relating to definitions relative to insurance holding
company systems; by adding a comma following the word Control
preceding the quotation marks, by adding a comma following the
word with preceding the quotation marks, and by deleting the
comma between the words person and whether in paragraph (3);
and by deleting the words Security holder and inserting in lieu
thereof Securityholder in paragraph (7) of said Code section.
(46) Said title is further amended by deleting the period and
inserting in lieu thereof a semicolon at the end of subparagraph
(b)(1)(B); by deleting the semicolon and inserting a comma following
the word assets and deleting the comma following the word pro-
vided in paragraph (2) of subsection (b); and by inserting a comma
between the words if and after in paragraph (5) of subsection (b)
of Code Section 33-13-2, relating to acquisition of subsidiaries by
domestic insurers.
GEORGIA LAWS 1982 SESSION
57
(47) Said title is further amended by deleting the word any and
inserting in lieu thereof the between the words of and agree-
ment in paragraph (1) of subsection (a) of Code Section 33-13-3,
relating to acquisition of control of or merger with a domestic insurer,
and by deleting the period and inserting in lieu thereof a semicolon at
the end of subparagraph (f)(1)(C) of said Code section.
(48) Said title is further amended by deleting clearly and accu-
rately disclose and inserting in lieu thereof disclose clearly and
accurately in subparagraph (a)(1)(B) of Code Section 33-13-5, relat-
ing to standards governing transactions by registered insurers with
affiliates.
(49) Said title is further amended by adding a comma following
except that and by deleting the comma following the word Com-
missioner in subsection (a) of Code Section 33-13-14, relating to
right of appeal from rules, regulations, orders, etc., of the Commis-
sioner.
(50) Said title is further amended by deleting the comma follow-
ing the words attached to it in subsection (b) of Code Section 33-14-
5, relating to filing of application for charter with the Secretary of
State, and by deleting the comma following the words official seal
in subsection (d) of said Code section.
(51) Said title is further amended by adding a comma following
the word publication in subsection (c) of Code Section 33-14-6,
relating to grant of corporate powers and privileges.
(52) Said title is further amended by adding the word and
following the semicolon at the end of paragraph (2) of subsection (b)
of Code Section 33-14-8, relating to procedures for amendment or
renewal of a charter.
(53) Said title is further amended by deleting the comma follow-
ing the word may in subsection (b) of Code Section 33-14-17,
relating to regulation of form, content, and manner of solicitation of
proxies, consents, or authorizations in respect to voting securities
issued by insurers.
(54) Said title is further amended by deleting the comma follow-
ing the word thereto in paragraph (2) of subsection (a); by deleting
the comma following the word company in paragraph (4) of subsec-
58
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion (a); and by deleting the comma following the word surrender in
subsection (c) of Code Section 33-14-25, relating to procedure for
surrender of a charter.
(55) Said title is further amended by deleting the word bylaws
and inserting in lieu thereof laws in subsection (a) of Code Section
33-14-43, relating to authorization and procedure for merger or
consolidation of domestic stock insurers.
(56) Said title is further amended by deleting the comma follow-
ing the word copy in the first sentence of subsection (c) of Code
Section 33-14-60, relating to adoption by directors of original bylaws.
(57) Said title is further amended by deleting the word pur-
poses and inserting in lieu thereof proposes in subsection (b) of
Code Section 33-14-61, relating to types of insurance in which newly
organized insurers are authorized to transact business.
(58) Said title is further amended by deleting the comma follow-
ing the word organization and inserting a comma between the
words and and if in the last sentence of paragraph (6) of
subsection (f) of Code Section 33-15-2, relating to procedure for
organization of societies, and by adding a comma following the word
affairs in subsection (h) of said Code section.
(59) Said title is further amended by adding an apostrophe after
the words two-thirds and deleting the word and following the
semicolon at the end of paragraph (3) of subsection (c) of Code
Section 33-15-29, relating to authorization and procedure for consoli-
dation or merger of fraternal benefit societies, and by deleting the
period and inserting in lieu thereof ; and at the end of paragraph (4)
of subsection (c) of said Code section.
(60) Said title is further amended by deleting the comma follow-
ing the word chapter in subsection (b) of Code Section 33-15-37,
relating to making of a false or fraudulent statement in an application
for membership.
(61) Said title is further amended by deleting the comma follow-
ing the word loss in subsection (a) of Code Section 33-16-2, relating
to the definition of the term domestic farmers mutual fire insurance
companies.
GEORGIA LAWS 1982 SESSION
59
(62) Said title is further amended by deleting the word sub-
criber and inserting in lieu thereof subscriber in subsection (d) of
Code Section 33-17-22, relating to manner of levy of assessments
against subscribers.
(63) Said title is further amended by adding medical service
between the and corporation in Code Section 33-18-14, relating
to power of medical service corporations to contract with physicians
for provision of services.
(64) Said title is further amended by deleting certificateholders
twice and inserting in lieu thereof certificate holders twice in Code
Section 33-18-29, relating to procedure for dissolution or liquidation
of medical service corporations.
(65) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a comma following the word basis in Code
Section 33-19-12, relating to authorization of contracts with persons,
governmental agencies, etc., for provision of system of comprehensive
health care.
(66) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a comma following the word hearing in
subsection (e) of Code Section 33-20-13, relating to management of
health care corporations.
(67) Said title is further amended by adding a comma following
the words composite rate in subsection (b) of Code Section 33-20-
17, relating to powers of health care corporations to contract for
provision of health care services.
(68) Said title is further amended by deleting thereto; pro-
vided, and inserting in lieu thereof thereto, provided in Code
Section 33-20-30, relating to resolution of disputes.
(69) Said title is further amended by adding the word of
between or and the in paragraph (10) of subsection (a) of Code
Section 33-21-5, relating to suspension or revocation of a certificate of
authority of a health maintenance organization.
(70) Said title is further amended by deleting facilitiate and
inserting in lieu thereof facilitate in Code Section 33-21-17, relating
to the examination of records and facilities of health maintenance
organizations and associated providers.
60
GENERAL ACTS AND RESOLUTIONS, VOL. I
(71) Said title is further amended by deleting the comma follow-
ing the words at any time in subsection (d) of Code Section 33-22-3,
relating to requirement of a license for transaction of business of
financing insurance premiums.
(72) Said title is further amended by deleting the comma follow-
ing the word hearing in subsection (d) of Code Section 33-22-6,
relating to grounds and procedure for revocation, suspension, or
nonrenewal of an insurance premium finance company license or
imposition of probation or fine.
(73) Said title is further amended by placing quotation marks
around the word agent following the word term in the second
sentence of subparagraph (2)(A) of Code Section 33-23-1, relating to
definitions relative to agents and counselors for life insurance; by
deleting provided, that and inserting in lieu thereof , provided
that in said subparagraph; and by placing quotation marks around
the word agent following the word term in subparagraph (2)(B)
of said Code section.
(74) Said title is further amended by deleting Code Section 33-
23-5.1 or and inserting in lieu thereof subsection (e) of this Code
Section or Code Section in subsection (c) of Code Section 33-23-3.1,
relating to residency, education, and experience requirements for
licensees and affidavits as to qualifications.
(75) Said title is further amended by deleting the comma follow-
ing the word Commissioner in paragraph (2) of subsection (b) and
by deleting the comma following the word examination in subsec-
tion (c) of Code Section 33-23-5, relating to persons required to
submit to written examinations.
(76) Said title is further amended by adding in the other juris-
diction between state and is in paragraph (4) of subsection (b)
of Code Section 33-23-9, relating to issuance of agents or counselors
licenses to nonresidents.
(77) Said title is further amended by deleting the period and
inserting in lieu thereof a semicolon at the end of paragraph (1) of
subsection (a); by adding the word applying between If and for
in paragraph (2) of subsection (a) of Code Section 33-23-43, relating
to qualifications for licenses; and by adding a hyphen between the
words full and time in subsection (c) of said Code section.
GEORGIA LAWS 1982 SESSION
61
(78) Said title is further amended by deleting the comma follow-
ing the word Commissioner in subsection (d) of Code Section 33-
23-50, relating to classification and issuance of licenses.
(79) Said title is further amended by adding the word and
following the semicolon at the end of paragraph (2) of Code Section
33-23-59, relating to issuance of licenses to nonresident agents, bro-
kers, or counselors.
(80) Said title is further amended by deleting the word by and
inserting in lieu thereof be following the word licensee in subsec-
tion (a) of Code Section 33-23-63, relating to procedure for refusal,
suspension, or revocation of licenses.
(81) Said title is further amended by adding a comma following
the word notice in subsection (b) of Code Section 33-23-66, relating
to bonds of brokers.
(82) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a comma following the word state in
paragraph (2) of subsection (b) in Code Section 33-23-73, relating to
action by agents as adjusters.
(83) Said title is further amended by inserting the word chapter
between this and and in subsection (d) of Code Section 33-23-75,
relating to requirements as to countersigning of contracts on risks or
property located or having situs within the state by resident agents.
(84) Said title is further amended by inserting a comma following
the word penalties in subsection (c) of Code Section 33-23-82,
relating to placement by an agent, broker, etc., of insurance beyond
the scope of his license.
(85) Said title is further amended by deleting subparagraphs
(4)(D), (4)(E), and (4)(F) and inserting in lieu thereof new subpara-
graphs (4)(D), (4)(E), and (4)(F) of Code Section 33-24-2, relating to
applicability of Chapter 24, to read as follows:
(D) Code Section 33-24-13;
(E) Code Section 33-24-16; and
62
GENERAL ACTS AND RESOLUTIONS, VOL. I
(F) Code Section 33-24-19.
(86) Said title is further amended by inserting a comma following
the word annuitant in subsection (a) of Code Section 33-24-7,
relating to statements and descriptions in applications or in negotia-
tions deemed representations and not warranties.
(87) Said title is further amended by deleting the words cost of
living and inserting in lieu thereof cost-of-living in subsection (a)
of Code Section 33-24-31, relating to provision in group disability
income policies for offsetting of increased social security benefits.
(88) Said title is further amended by deleting the word town
and inserting in lieu thereof towns in Code Section 33-24-37,
relating to group insurance for government employees and effect
upon local and special laws.
(89) Said title is further amended by adding a comma following
the word station in subparagraph (b)(2)(B) of Code Section 33-24-
45, relating to cancellation or nonrenewal of automobile policies; by
adding a semicolon after the word traffic and to clarify that the
word following operation is of in subparagraph (c)(7)(C); and by
deleting the period and inserting in lieu thereof a semicolon at the end
of division (c)(7)(E)(vii) and subparagraph (c)(7)(F) of said Code
section.
(90) Said title is further amended by deleting due on a and
inserting in lieu thereof due on any in subsection (b) of Code
Section 33-25-4, relating to required nonforfeiture provisions.
(91) Said title is further amended by adding a comma between
the words contract and any in the introductory language of Code
Section 33-25-9, relating to issuance or delivery of life insurance
policies as part of or in combination with other insurance policies,
contracts, etc.
(92) Said title is further amended by deleting the word or
following creditors, in subsection (a) of Code Section 33-25-11,
relating to right of beneficiaries, assignees, etc., of insurance policies
to proceeds as against creditors and representatives of insured.
(93) Said title is further amended by deleting the word while
and inserting in lieu thereof which following amount in subpara-
GEORGIA LAWS 1982 SESSION
63
graph (a)(10)(B) of Code Section 33-26-2, relating to required and
prohibited provisions in industrial life insurance policies.
(94) Said title is further amended by adding quotation marks
around the word employees when preceded by the word term
four times in subparagraph (1)(A) of Code Section 33-27-1, relating to
group life insurance policy requirements; by adding the word and
following the semicolon at the end of subparagraph (1)(C); by adding
quotation marks around the word debtors preceded by the word
term in subparagraph (2)(A); by adding the word and following
the semicolon at the end of subparagraph (2)(D); by adding the word
and following the semicolon at the end of subparagraph (4)(C); by
adding quotation marks around the word employees when pre-
ceded by the word term twice in subparagraph (5)(A); and by
adding the word and following the semicolon at the end of subpara-
graph (5)(C) of said Code section.
(95) Said title is further amended by adding the word and
following the semicolon at the end of paragraph (2) of subsection (a)
of Code Section 33-27-2, relating to extension of policy coverage to
dependents of employees or members, and by deleting the semicolon
and inserting in lieu thereof a period at the end of paragraph (3) of
said subsection.
(96) Said title is further amended by deleting the comma follow-
ing the word state in the introductory language of subsection (a) of
Code Section 33-27-3, relating to required group insurance policy
provisions.
(97) Said title is further amended by deleting isssued and
inserting in lieu thereof issued at the end of subsection (b) of Code
Section 33-27-7, relating to the rights of creditors to make claims to
the proceeds of group life insurance policies.
(98) Said title is further amended by deleting the comma follow-
ing the word year in paragraph (5) of subsection (b) of Code Section
33-28-2, relating to standard provisions for annuity contracts.
(99) Said title is further amended by deleting the period and
inserting in lieu thereof a semicolon at the end of subsection (d) of
Code Section 33-28-3, relating to standard nonforfeiture provisions
for individual deferred annuities, and by deleting the semicolon and
inserting in lieu thereof a comma after the word accrued in para-
graph (1) of subsection (d) of said Code section.
64
GENERAL ACTS AND RESOLUTIONS, VOL. I
(100) Said title is further amended by deleting the word
dipatched and inserting in lieu thereof dispatched in subsection
(c) of Code Section 33-28-6, relating to the notice of the right of a
person to whom a contract is issued to return the contract and receive
a premium refund to be printed on or attached to the policy.
(101) Said title is further amended by deleting the period and
inserting a semicolon at the end of division (b)(9)(B)(i) of Code
Section 33-29-3, relating to required accident and sickness policy
provisions.
(102) Said title is further amended by deleting anniversity and
inserting in lieu thereof anniversary in the second sentence of
paragraph (1) of subsection (b) of Code Section 33-29-4, relating to
the wording and substance of optional provisions in accident and
sickness insurance policies.
(103) Said title is further amended by deleting the comma
following the word program and inserting in lieu thereof a sem-
icolon in paragraph (1) of subsection (b) of Code Section 33-29-8,
relating to provision in policies renewable or cancelable at the option
of the insurer for refund of premiums.
(104) Said title is further amended by placing quotation marks
around Group accident and sickness insurance in the introductory
language of Code Section 33-30-1, relating to the definition of group
accident and sickness insurance.
(105) Said title is further amended by deleting the semicolon
and inserting in lieu thereof a comma following the word claims in
subsection (c) of Code Section 33-31-10, relating to filing and settle-
ment of claims.
(106) Said title is further amended by adding a comma after the
word Commissioner in the second sentence of subsection (b) of
Code Section 33-31-12, relating to promulgation of rules and regula-
tions by the Commissioner.
(107) Said title is further amended by deleting the semicolon
and inserting in lieu thereof a comma following the word Commis-
sioner in subsection (a) of Code Section 33-32-1, relating to standard
fire policies.
GEORGIA LAWS 1982 SESSION
65
(108) Said title is further amended by adding the word any
between upon and aircraft in paragraph (11) of Code Section 33-
34-2, relating to definitions relative to motor vehicle insurance.
(109) Said title is further amended by deleting the comma
following the word license in the first sentence of subsection (c) of
Code Section 33-34-10, relating to requirement of proof of insurance
prior to licensing of motor vehicles.
(110) Said title is further amended by adding , participating or
staff attorneys, following the word sponsor in paragraph (6) of
subsection (b) of Code Section 33-35-8, relating to execution, con-
tents, etc., of subscription contracts for prepaid legal services.
(111) Said title is further amended by deleting the colon follow-
ing the word to and by deleting the semicolons after the words
address and inserting in lieu thereof a comma twice in the first
paragraph of Code Section 33-36-8, relating to issuance by the
Commissioner of notice of judicial determination of insolvency of an
insurer.
(112) Said title is further amended by deleting shall, with
respect to covered claims, and by inserting said preceding 30 in
Code Section 33-36-9, relating to coverage afforded by insolvent
insurers becoming an obligation of the pool.
(113) Said title is further amended by adding a period following
pool at the end of Code Section 33-36-14, relating to exhaustion of
policy rights in claims against insolvent insurers.
(114) Said title is further amended by deleting acount between
the and during and inserting in lieu thereof account in subsec-
tion (c) of Code Section 33-36-17, relating to the termination of
insolvency insurance pools.
(115) Said title is further amended by adding a comma between
surplus and if in Code Section 33-37-2, relating to when capital of
a stock insurer or surplus of a mutual or reciprocal insurer is deemed
impaired and the insurer is deemed insolvent.
(116) Said title is further amended by inserting a comma follow-
ing the words and business in paragraph (1) of subsection (a) of
Code Section 33-37-17, relating to powers of the Commissioner as
66
GENERAL ACTS AND RESOLUTIONS, VOL. I
liquidator or conservator; by deleting the comma following the word
interest and inserting in lieu thereof a semicolon in subsection (b);
and by adding a comma between and and if twice in subsection
(b) of said Code section.
(117) Said title is further amended by adding a comma following
the word assessment in subsection (d) of Code Section 33-38-5,
relating to creation of the Georgia Life and Health Insurance Guar-
anty Association, membership as a prerequisite to transaction of
business, and accounts for administration and assessment.
(118) Said title is further amended by deleting the word
department and inserting in lieu thereof Insurance Department
in the introductory language of subsection (a) of Code Section 33-38-
6, relating to membership of the board of directors of the Georgia Life
and Health Insurance Guaranty Association.
(119) Said title is further amended by deleting the period and
inserting in lieu thereof a semicolon at the end of subparagraph (8) (A)
of Code Section 33-38-7, relating to powers and duties of the Georgia
Life and Health Insurance Guaranty Association.
(120) Said title is further amended by deleting nonprorated
and inserting in lieu thereof non-pro rata and by deleting bear
and inserting in lieu thereof bears in paragraph (1) of subsection (c)
of Code Section 33-38-15, relating to assessments against member
insurers; by deleting the word bear and inserting in lieu thereof
bears in paragraph (2) and twice in paragraph (3) of said subsec-
tion; and by deleting the word policyowner and inserting in lieu
thereof policy owner in subsection (g) of said Code section.
(121) Said title is further amended by deleting the word bear
and inserting in lieu thereof bears in subsection (a) of Code Section
33-38-17, relating to the Georgia Life and Health Insurance Guaranty
Association as a creditor of an insolvent or impaired insurer, and by
deleting the word policyowners and inserting in lieu thereof policy
owners in paragraph (1) of subsection (b) of said Code section.
Section 34. Title 34 of the Official Code of Georgia Annotated,
relating to labor and industrial relations, is amended as follows:
(1) Said title is amended by adding a comma following includ-
ing speech organs) in subparagraph (A) of paragraph (7) of Code
GEORGIA LAWS 1982 SESSION
67
Section 34-6A-2, relating to definitions relative to discrimination
against the handicapped in employment.
(2) Said title is further amended by adding a comma following
the word superintendents in Code Section 34-7-2, relating to
payment of wages by lawful money, checks, or credit transfer and
selection of payment dates by employer.
(3) Said title is further amended by deleting the comma follow-
ing succeeding year in paragraph (2) of subsection (b) of Code
Section 34-8-3, relating to period, termination, and voluntary election
of coverage of employer.
(4) Said title is further amended by deleting Section 3, Part B
of Title I, and Title VI of Public Law 95-524 (CETA) and inserting
in lieu thereof the Comprehensive Employment Training Act, as
amended, in paragraph (5) of subsection (k) and by deleting except
that if and inserting in lieu thereof except that, if in paragraph (6)
of subsection (o) of Code Section 34-8-40, relating to employment.
(4.1) Said title is further amended by adding , as amended
following Annotated in paragraph (4) of subsection (b) of Code
Section 34-8-51, relating to definition of wages.
(5) Said title is further amended by deleting secretary of labor
and inserting in lieu thereof Secretary of Labor in subsection (a) of
Code Section 34-8-81, relating to creation and purpose of the Employ-
ment Security Administration Fund.
(5.1) Said title is further amended by striking such fund and
inserting in lieu thereof the Unemployment Trust Fund at the end
of the first sentence, by deleting treasurer and inserting in lieu
thereof Commissioner, as custodian, in the last sentence, and by
deleting only under the direction of the Commissioner and insert-
ing in lieu thereof in his discretion in the last sentence of Code
Section 34-8-103, relating to management of funds upon discontinu-
ance of Unemployment Trust Fund.
(6) Said title is further amended by deleting the column head-
ings of the table following the third unnumbered paragraph of
subsection (h) of Code Section 34-8-122, relating to determination of
the rate of employer contributions in cases of purchase, merger, etc.,
and by deleting said table, which reads as follows:
68
GENERAL ACTS AND RESOLUTIONS, VOL. I

4.57 4.91 4.20
4.91 5.24 4.52
5.24 5.58 4.82
5.58 5.92 5.13
5.92 6.27 5.45
6.27 6.61 5.77
6.61 6.94 6.08
6.94 7.28 6.38
7.28 7.62 6.70
7.62 and over 7.01
4.52 2.64
4.82 2.72
5.13 2.80
5.45 2.88
5.77 2.96
6.08 3.04
6.38 3.12
6.70 3.20
7.01 3.28
and over 3.36,
and inserting said table at the end of the Rate Table for Employers
With Deficit Reserve Accounts with the beginning computation date
of June 30,1973, which currently ends with the following:
4.23 4.57 3.89 4.20 2.56,
and by deleting the rates calculated as of subsequent computation
dates for subsequent calendar years shall not be increased by opera-
tion of this subsection to more than in subsection (i) of said Code
section.
(6.1) Said title is further amended by deleting subsection (c) of
Code Section 34-8-153, relating to the determination of the weekly
benefit amount, in its entirety and by redesignating the remaining
subsections accordingly.
(6.2) Said title is further amended by deleting the word
employment and inserting in lieu thereof unemployment in
subsection (g) of Code Section 34-8-171, relating to initial determina-
tion and redetermination of eligibility, amount, and duration of
benefits.
(7) Said title is further amended by deleting tortfeasor and
inserting in lieu thereof tort-feasor in Code Section 34-9-11, relat-
ing to the exclusive nature of rights granted to employees by workers
compensation provisions.
(8) Said title is further amended by deleting the word suit and
inserting in lieu thereof action in subsection (b) of Code Section 34-
9-61, relating to publication of blank forms and literature and publi-
cation of tabulations of accident reports.
GEORGIA LAWS 1982 SESSION
69
(8.1) Said title is further amended by deleting the word volun-
tarily as it appears the second time and inserting in lieu thereof
involuntarily in subsection (c) of Code Section 34-9-156, relating to
voluntary termination of members, grounds and procedure for invol-
untary termination of membership, and effect of termination on
obligations.
(9) Said title is further amended by deleting polices and
inserting in lieu thereof policies in Code Section 34-9-161, relating
to the requirement of security deposits, surety bonds, or excess
insurance by group self-insurance funds.
(10) Said title is further amended by adding the word mini-
mum between the words a and surplus in Code Section 34-9-
162, relating to maintenance of surplus and expendable surplus.
(11) Said title is further amended by deleting the comma follow-
ing the word quality in subsection (a) of Code Section 34-9-263,
relating to compensation for permanent partial disability.
(12) Said title is further amended by deleting the period and
inserting in lieu thereof a semicolon at the end of paragraph (1) of
subsection (b) and by deleting the word decibles and inserting in
lieu thereof decibels in paragraph (2) of subsection (b) of Code
Section 34-9-264, relating to compensation for loss of hearing caused
by harmful noise; procedure for measuring degree of hearing impair-
ment; eligibility for compensation and liability of employer; by delet-
ing the period and inserting in lieu thereof a semicolon at the end of
paragraphs (2), (3), (4), (5), (6), and (7) of said subsection; by
inserting a comma following the words however, that and deleting a
comma between the words harmful noise and and in paragraph
(7) of said subsection; and by deleting contributed, but if and
inserting in lieu thereof contributed; but, if in paragraph (8) of said
subsection.
(13) Said title is further amended by deleting the comma follow-
ing the word employment in the introductory language of subsec-
tion (b) of Code Section 34-9-265, relating to liability for compensa-
tion for death resulting from causes other than injury.
(14) Said title is further amended by deleting the words hernias
which are and the comma following the word injury in Code
Section 34-9-266, relating to payment of compensation for time loss,
disability, or death resulting from hernia.
70
GENERAL ACTS AND RESOLUTIONS, VOL. I
(15) Said title is further amended by deleting the comma and
inserting in lieu thereof as following the word lungs in paragraph
(1) of Code Section 34-9-280, relating to definitions relative to
compensation for occupational disease; by deleting determined as
defined in this chapter and inserting in lieu thereof as determined
under Code Section 34-9-260 in paragraph (2); by adding the word
and following the semicolon in subparagraph (3)(D); by deleting
the word board following the word the and inserting in lieu
thereof State Board of Workers Compensation in subparagraph
(3)(E); by deleting the word original and inserting in lieu thereof
origin in division (3)(E)(v); by deleting the word noice and
inserting in lieu thereof noise in subparagraph (3)(E); and by
deleting the word and and inserting in lieu thereof as between
the words lungs and demonstrated in paragraph (4) of said Code
section.
(16) Said title is further amended by deleting the comma follow-
ing the word employment in paragraph (3) of subsection (b) of
Code Section 34-9-281, relating to applicability of Chapter 9 to
occupational disease.
(17) Said title is further amended by deleting the comma follow-
ing the word of twice in Code Section 34-9-283, relating to applica-
bility to occupational diseases of provisions of Code Section 34-9-263
regarding permanent partial industrial handicaps.
(18) Said title is further amended by deleting the word defined
and inserting in lieu thereof determined and by adding a comma
following 34-9-86 in Code Section 34-9-284, relating to fixation of
liability for compensation for occupational diseases.
(19) Said title is further amended by deleting board following
the words duty of the and inserting in lieu thereof State Board of
Workers Compensation in Code Section 34-9-290, relating to
reporting of hazardous occupations and cases of occupational disease
to the Department of Human Resources.
(20) Said title is further amended by deleting board following
the words expenses of the and inserting in lieu thereof State Board
of Workers Compensation in Code Section 34-9-292, relating to
payment of expenses of the board.
GEORGIA LAWS 1982 SESSION
71
(21) Said title is further amended by deleting the comma follow-
ing the word duties in subsection (c) of Code Section 34-9-310,
relating to creation and functions of the medical board.
(22) Said title is further amended by deleting board following
the words by the in the first sentence and inserting in lieu thereof
State Board of Workers Compensation and by deleting except
that if and inserting in lieu thereof except that, if in subsection (a)
of Code Section 34-9-312, relating to promulgation of rules and
regulations by the medical board as to making of examinations and
autopsies; by deleting the word board preceded by the word the,
except for the last time that board appears in subsection (b), and
inserting in lieu thereof State Board of Workers Compensation
and by deleting the comma following the word claimant in subsec-
tion (b); by deleting decision of the board and inserting in lieu
thereof decision of the State Board of Workers Compensation and
by deleting members of the board and inserting in lieu thereof
members of the medical board in subsection (c); by deleting the
word board preceded by the word the and inserting in lieu
thereof State Board of Workers Compensation twice in subsection
(d); and by deleting the word board preceded by the word the
except when board is followed by shall conform, and inserting in
lieu thereof State Board of Workers Compensation three times in
subsection (e) of said Code section.
(23) Said title is further amended by deleting determined as
defined in this chapter and inserting in lieu thereof as determined
under Code Section 34-9-260 in Code Section 34-9-330, relating to
the definition of disablement.
(24) Said title is further amended by deleting notified by the
board and inserting in lieu thereof notified by the State Board of
Workers Compensation and by deleting the comma following the
word employment in subsection (a) of Code Section 34-9-331,
relating to medical examination of new employees in occupations
subject to exposure to hazards of silicosis or asbestosis.
(25) Said title is further amended by deleting article, unless
and inserting in lieu thereof article unless, and by deleting how-
ever, that if and inserting in lieu thereof however, that, if in Code
Section 34-9-333, relating to presumption of disability or death from
silicosis or asbestosis.
72
GENERAL ACTS AND RESOLUTIONS, VOL. I
(26) Said title is further amended by deleting the comma and
inserting in lieu thereof a semicolon at the end of paragraph (1) of
subsection (d) of Code Section 34-9-354, relating to creation and
appointment of the Board of Trustees of the Subsequent Injury Trust
Fund.
(27) Said title is further amended by deleting State Merit
System and inserting in lieu thereof state merit system twice in
subsection (a) of Code Section 34-9-355, relating to appointment of
the administrator of the Subsequent Injury Trust Fund.
(28) Said title is further amended by deleting the comma between
the words trustees and may in subsection (b) of Code Section 34-
9- 357, relating to payment of costs of administration of the Subse-
quent Injury Trust Fund.
(29) Said title is further amended by deleting the comma follow-
ing calendar year twice in subsection (a) of Code Section 34-9-358,
relating to payment of assessments to the Subsequent Injury Trust
Fund by insurers and self-insurers.
(30) Said title is further amended by deleting attorneys and
inserting in lieu thereof attorneys in Code Section 34-9-367,
relating to liability of the trust fund for interest or attorneys fees.
(31) Said title is further amended by adding in Code Section 34-
10- 3, relating to definitions relative to private employment agencies, a
new paragraph (2) to read as follows:
(2) Commission means any fee paid to an agent or employee
for a transaction of business or the performance of a service, including
a percentage of the money received in a transaction paid to the agent
responsible for the business.;
by renumbering the following paragraphs of said Code section accord-
ingly; by deleting the word counsellor and inserting in lieu thereof
counselor in the definition of employment agent or employment
agency; by deleting the comma following the word advertising in
the definition of news periodical; by deleting the word serivce
and inserting in lieu thereof service in the definition of placement
fees; and by deleting from the definition of salary in said Code
section the following:
GEORGIA LAWS 1982 SESSION
73
As used in this paragraph, the term commission means any fee
paid to an agent or employee for a transaction of business or the
performance of a service, including a percentage of the money
received in a transaction paid to the agent responsible for the
business.
(32) Said title is further amended by deleting the commas follow-
ing the words chapter and quorum in subsection (a) of Code
Section 34-10-5, relating to the Employment Agency Advisory Coun-
cil.
(33) Said title is further amended by deleting bond deposit and
inserting in lieu thereof bond deposited in subsection (e) of Code
Section 34-10-6, relating to the license required for operation of an
employment agency; by adding the word he between thereafter
and shall in subsection (f); and by adding a comma between or
and if and deleting the comma following thereof in subsection (h)
of said Code section.
(34) Said title is further amended by deleting and to matters
and inserting in lieu thereof and matters and by deleting the
comma following the word above in paragraph (1) of Code Section
34-10-7, relating to duties and requirements of employment agencies;
by adding a comma between the words employment and includ-
ing in paragraph (4); by adding a comma following the word
receipt and by deleting the word day-light and inserting in lieu
thereof daylight in paragraph (5); and by deleting the comma
following the word employed in subparagraph (6)(D) of said Code
section.
(35) Said title is further amended by deleting the word cancel-
ling and inserting in lieu thereof canceling in subsection (a) of
Code Section 34-10-10, relating to filing of complaints against
employment agencies.
(36) Said title is further amended by deleting the word days
and inserting in lieu thereof days in subsection (b) of Code Section
34-10-11, relating to notice of hearing; by deleting are other civil
cases and inserting in lieu thereof other civil cases are; by deleting
answer will and inserting in lieu thereof answer shall; by deleting
this case and inserting in lieu thereof the case; by deleting this
decision and inserting in lieu thereof the decision; by deleting ,
provided, and inserting in lieu thereof ; provided,; by deleting
74
GENERAL ACTS AND RESOLUTIONS, VOL. I
fine, and if the and inserting in lieu thereof fine and the; and by
adding a comma after agency must in subsection (e) of said Code
Section.
(37) Said title is further amended by deleting writing, and
contain and inserting in lieu thereof writing and must contain in
subsection (a) of Code Section 34-10-12, relating to contents of
contracts or agreements between licensees and applicants seeking
employment placement; by deleting the semicolon and inserting in
lieu thereof a period at the end of paragraphs (1), (2), (3), and (4) of
said subsection; by deleting the word charges and inserting in lieu
thereof charged in paragraph (4) of said subsection; and by deleting
the comma following the word employment in subsection (c) of said
Code section.
(38) Said title is further amended by deleting referring said and
inserting in lieu thereof referring the in subsection (a) of Code
Section 34-10-13, relating to conditions under which placement fees
may be charged; by deleting the comma following the word referred
in paragraph (2) of subsection (b); by adding a comma between that
and if in subsection (c); and by adding a comma following the word
days in paragraph (1) of subsection (e) of said Code section.
Section 35. Title 35 of the Official Code of Georgia Annotated,
relating to law enforcement officers and agencies, is amended as
follows:
(1) Said title is amended by deleting the comma following the
word necessary in subsection (a) of Code Section 35-2-36, relating
to composition of the battalion, and by deleting the comma following
the word Division in subsection (c) of said Code section.
(2) Said title is further amended by deleting the word of
preceding 90 and inserting in lieu thereof or in paragraph (2) of
subsection (d) of Code Section 35-2-42, relating to compensation of
members of the Uniform Division; communications officers, license
examiners, etc., generally.
(3) Said title is further amended by adding a period at the end of
subsection (e) of Code Section 35-2-48, relating to composition, etc.,
of the State Patrol Disciplinary Board.
GEORGIA LAWS 1982 SESSION
75
(4) Said title is further amended by deleting such other place
and inserting in lieu thereof any other place and by deleting the
word removed and inserting in lieu thereof moved in subsection
(a) of Code Section 35-2-73, relating to authority of the commissioner
to employ sufficient number of security guards for protection of
Governor, Lieutenant Governor, Speaker of the House and their
families, executive department, etc.
(5) Said title is further amended by adding of the Department
of Public Safety following Division in subsection (b) of Code
Section 35-3-4, relating to powers and duties of the Georgia Bureau of
Investigation.
(6) Said title is further amended by deleting the words revenue
commission and inserting in lieu thereof revenue commissioner in
subsection (a) of Code Section 35-3-8, relating to powers of agents of
the Georgia Bureau of Investigation.
Said title is further amended by adding a new Code Section 35-3-
8.1, to read as follows:
35-3-8.1. Upon request of the governing authority or chief law
enforcement officer of any municipality, the sheriff of any county, the
chief of the county police force of any county having a population of
more than 100,000 according to the United States decennial census of
1970 or any future census, the judge of the superior court of any
county of this state, or the Governor, the director, in unusual circum-
stances, may, and in the case of a request by the Governor, shall,
direct the bureau to render assistance in any criminal case, in the
prevention or detection of violations of law, or in the detection or
apprehension of persons violating the criminal laws of this state, any
other state, or the United States.
(7) Said title is further amended by adding the word Georgia
preceding Bureau in subsection (a) of Code Section 35-3-31, relat-
ing to establishment of the Georgia Crime Information Center; and by
deleting the comma following the word staff in subsection (c) of
said Code section.
(8) Said title is further amended by deleting the word insure
and inserting in lieu thereof ensure in paragraph (4) of Code
Section 35-3-33, relating to powers and duties of the Georgia Crime
Information Center.
76
GENERAL ACTS AND RESOLUTIONS, VOL. I
(9) Said title is further amended by deleting Insuring and
inserting in lieu thereof Ensuring in division (a)(l)(A)(iv) of Code
Section 35-3-34, relating to dissemination of records by the Georgia
Crime Information Center and local criminal justice agencies to
private persons and businesses; by deleting the word above follow-
ing section in subsection (b); and by deleting the word above
following section in subsection (f) of said Code section.
(10) Said title is further amended by deleting the comma follow-
ing the word but in subsection (d) of Code Section 34-3-36, relating
to duties of state criminal justice agencies as to submission of
fingerprints, photographs, etc., to the center, and by deleting the
comma following the word center in subsection (e) of said Code
section.
(11) Said title is further amended by adding a comma following
$5,000.00 in subsection (c) of Code Section 35-3-38, relating to
unauthorized requests, disclosures, etc., of criminal history record
information.
(12) Said title is further amended by deleting the comma follow-
ing the word municipalities in subsection (c) of Code Section 35-4-
7, relating to Georgia Police Academy training programs to be
available to police and other interested persons.
(13) Said title is further amended by deleting department and
inserting in lieu thereof Department of Public Safety in subsection
(a) of Code Section 35-5-3, relating to the Georgia Public Safety
Training Center being assigned to department for administrative
purposes.
(14) Said title is further amended by deleting Board of Pardons
and Paroles and inserting in lieu thereof State Board of Pardons
and Paroles twice in Code Section 35-8-2, relating to definitions
relative to employment and training of peace officers.
(15) Said title is further amended by adding Association of
preceding Chiefs and deleting Association following Police in
paragraph (1) of subsection (b) of Code Section 35-8-3, relating to
establishment of the Georgia Peace Officer Standards and Training
Council, and by adding a comma between only and as in subsec-
tion (e) of said Code section.
GEORGIA LAWS 1982 SESSION
77
(16) Said title is further amended by deleting the comma follow-
ing the word crime in paragraph (4) of subsection (a) of Code
Section 35-8-8, relating to requirements for appointment or certifica-
tion of persons as peace officers.
(17) Said title is further amended by inserting the word State
preceding the word Board twice in subsection (b) of Code Section
35-8-14, relating to the authority of the Board of Offender Rehabilita-
tion and State Board of Pardons and Paroles to establish training
program for employees authorized to make arrests.
Section 36. Title 36 of the Official Code of Georgia Annotated,
relating to local government, is amended as follows:
(1) Said title is amended by deleting thereof and inserting in
lieu thereof therefor in Code Section 36-3-4, relating to payment of
costs of proceedings relative to county boundaries.
(2) Said title is further amended by deleting quasicorporation
and inserting in lieu thereof quasi corporation in subparagraph
(1)(B) of Code Section 36-5-3, relating to additional powers of judges
of the probate courts.
(3) Said title is further amended by deleting County, and
inserting in lieu thereof County, in Code Section 36-5-20, relating
to official names of county governing authorities.
(4) Said title is further amended by deleting the comma follow-
ing the word authority in Code Section 36-6-9, relating to the
Governor to give directions relating to bonds of county treasurers.
(5) Said title is further amended by deleting diligently collect
and inserting in lieu thereof collect diligently in paragraph (1) of
Code Section 36-6-14, relating to duties of county treasurers, and by
deleting who from and inserting in lieu thereof from whom in
paragraph (5) of said Code section.
(6) Said title is further amended by deleting probate courts
and inserting in lieu thereof probate court and by deleting desig-
nated by it and inserting in lieu thereof designated by the judge or
governing authority in Code Section 36-6-22, relating to require-
ment by county authorities of accountings, etc., by treasurer.
78
GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) Said title is further amended by deleting the comma between
provided and that and deleting informations and inserting in
lieu thereof information in Code Section 36-10-2, relating to con-
tracts for public works.
(8) Said title is further amended by deleting the word alloted
and inserting in lieu thereof allotted in subsection (b) of Code
Section 36-17-21, relating to method of allocation of funds.
(9) Said title is further amended by adding the word in
between for and this in the second sentence of subsection (b) of
Code Section 36-17-22, relating to grant of credit on certain tangible
property taxes as a prerequisite to receipt of funds.
(10) Said title is further amended by adding a comma following
the word merged in Code Section 36-35-2, relating to incorporation,
dissolution, merger, and boundary changes to be by local Act or under
general law.
(11) Said title is further amended by deleting the period and by
adding a question mark following (as the case may be) in Code
Section 36-37-9, relating to ballots for election.
(11.1) Said title is further amended by repealing Chapter 39 of
said title, relating to street improvements.
(12) Said title is further amended by deleting 36-40-23 and
inserting in lieu thereof 36-40-24 in subsection (a) of Code Section
36-40-1, relating to grants for repairs on facilities of historical value.
(13) Said title is further amended by deleting the word State
and inserting in lieu thereof States in subsection (c) of Code
Section 36-40-24, relating to computation of allocation of funds.
(14) Said title is further amended by deleting insure and insert-
ing in lieu thereof ensure in subsection (d) of Code Section 36-40-
46, relating to submission of annual audit to state auditor.
(15) Said title is further amended by deleting municipalities
and inserting in lieu thereof municipality in paragraph (3) of Code
Section 36-41-3, relating to definitions relative to urban residential
finance authorities for large municipalities.
GEORGIA LAWS 1982 SESSION
79

(16) Said title is further amended by deleting are secured and
inserting in lieu thereof is secured in paragraph (8) of subsection (a)
of Code Section 36-41-5, relating to powers of the authority.
(17) Said title is further amended by deleting thereform and
inserting in lieu thereof therefrom in subsection (n) of Code Section
36-41-8, relating to issuance of revenue bonds.
(18) Said title is further amended by deleting the property and
inserting in lieu thereof any property in the last sentence of Code
Section 36-41-10, relating to bonds or obligations not to constitute
public debt.
(19) Said title is further amended by deleting sue and be sued
and inserting in lieu thereof bring and defend actions in paragraph
(1) of subsection (a) of Code Section 36-42-8, relating to powers of
downtown development authorities, and by deleting city and
inserting in lieu thereof municipal corporation three times in
paragraph (10) of subsection (a) of said Code section.
(20) Said title is further amended by inserting a comma between
or and if in paragraph (4) of subsection (a) of Code Section 36-60-
3, relating to restriction of adult bookstores and movie houses to
certain areas.
(21) Said title is further amended by inserting a comma following
the word county in paragraph (14) of Code Section 36-61-2, relating
to definitions relative to urban redevelopment.
(22) Said title is further amended by deleting municipality and
and inserting in lieu thereof municipality or in subsection (e) of
Code Section 36-61-7, relating to preparation of an urban redevelop-
ment plan.
(23) Said title is further amended by deleting city and inserting
in lieu thereof municipality in subsection (a) of Code Section 36-61-
9, relating to power of eminent domain.
(24) Said title is further amended by adding as following pay-
able, and preceding to both in subsection (a) of Code Section 36-
61-12, relating to issuance of bonds.
80
GENERAL ACTS AND RESOLUTIONS, VOL. I
(25) Said title is further amended by deleting the word bodies
and inserting in lieu thereof body in subsection (a) of Code Section
36-61-17, relating to exercise of urban redevelopment powers by
municipalities and counties.
(26) Said title is further amended by adding the word and
following opportunities; in subparagraph (6)(G) of Code Section
36-62-2, relating to definitions relative to development authorities.
(27) Said title is further amended by deleting the word persons
twice in subsection (d) of Code Section 36-62-4, relating to creation of
development authorities.
(28) Said title is further amended by deleting exchangeablity
and inserting in lieu thereof exchangeability in paragraph (1) of
subsection (g) of Code Section 36-62-8, relating to authorized provi-
sions in obligations of development authorities.
(29) Said title is further amended by deleting the word city and
inserting in lieu thereof municipality in subsection (a) of Code
Section 36-64-3.1, relating to use of dam sites and adjacent land
owned by a recreation board, city, county, etc., for purposes of
producing hydroelectric power.
(30) Said title is further amended by deleting of between
Association and County in subsection (c) of Code Section 36-81-
8, relating to preparation and filing of annual reports on local
government finances by Department of Community Affairs.
(31) Said title is further amended by deleting remaning and
inserting in lieu thereof remaining in Code Section 36-82-4.1,
relating to the use of bond funds in certain counties.
(32) Said title is further amended by adding a comma following
the word agencies in the last sentence of paragraph (5) of Code
Section 36-82-7, relating to authorized investments for bond pro-
ceeds.
(33) Said title is further amended by deleting the Code Section
number 38-82-73 and inserting in lieu thereof 36-82-73 in Title
36 and by deleting the text of the Code section in its entirety and
inserting in lieu thereof the following:
GEORGIA LAWS 1982 SESSION
81
36-82-73. All revenue bonds issued under this article shall be
validated in the superior court in the manner set forth in Code
Sections 36-82-74 through 36-82-83.
(34) Said title is further amended by deleting the comma follow-
ing the word purpose in Code Section 36-82-101, relating to bonds
required of contractors on public works.
(35) Said title is further amended by striking from subsection (d)
of Code Section 36-61-16, relating to assistance by public bodies, the
following:
36-6-12,
and inserting in lieu thereof the following:
36-61-12.
(36) Said title is further amended by striking from Code Section
36-3-25, relating to recordation of survey and plat, the following:
36-3-25,
and inserting in lieu thereof the following:
36-3-24.
Section 37. Title 37 of the Official Code of Georgia Annotated,
relating to mental health, is amended as follows:
(1) Said title is amended by deleting the word of following
Title 31 and inserting in lieu thereof or in paragraph (2) of Code
Section 37-1-1, relating to definitions for Title 37; by adding
Georgia preceding State in paragraph (4) by deleting the semi-
colon and inserting in lieu thereof a period at the end of paragraph
(5); and by deleting the comma following the word state in para-
graph (6) of said Code section.
(2) Said title is further amended by deleting the word depart-
ment and inserting in lieu thereof Department of Human
Resources in subsection (a) of Code Section 37-1-20, relating to
creation of the Division of Mental Health and Mental Retardation.
82
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Said title is further amended by adding a comma between
that and if in paragraph (2) of subsection (a) of Code Section 37-
1-51, relating to appeals.
(4) Said title is further amended by deleting by between the
words shall and filled and inserting in lieu thereof be in the
fifth sentence in subsection (a) of Code Section 37-2-4, relating to the
creation, composition, and duties of advisory councils for mental
health and mental retardation.
(5) Said title is further amended by deleting the comma follow-
ing the word examiner in the first sentence of paragraph (8) of Code
Section 37-3-1, relating to definitions relative to mental illness, and
by adding a comma following the word objectives in subparagraph
(9) (A) of said Code section.
(6) Said title is further amended by adding a comma between
the words and and if in Code Section 37-3-24, relating to transfer
of involuntary patients to voluntary status.
(7) Said title is further amended by deleting the comma follow-
ing the word possible in subsection (a) of Code Section 37-3-43,
relating to the right to a timely examination after emergency admis-
sion.
(8) Said title is further amended by deleting the comma follow-
ing the word court in the first sentence of paragraph (2) of Code
Section 37-3-61, relating to petition for a court ordered evaluation.
(9) Said title is further amended by deleting therof and insert-
ing in lieu thereof thereof in paragraph (1) of subsection (a) of Code
Section 37-3-81, relating to procedures for the retention of certain
mental health patients for treatment.
(10) Said title is further amended by deleting the comma follow-
ing service plan and by deleting take a patient and inserting in
lieu thereof take the patient in Code Section 37-3-82, relating to
procedure upon failure of or noncompliance with an involuntary
outpatient treatment plan.
(11) Said title is further amended by adding a period following
37-4-40 in subsection (c) of Code Section 37-4-21, relating to
admission of mentally retarded persons to facilities for purposes of
temporary supervision and care.
GEORGIA LAWS 1982 SESSION
83
(12) Said title is further amended by deleting the comma follow-
ing community in Code Section 37-4-22, relating to admission of
persons to facilities for dental services, and by adding semicolons
following dental services and loco parentis in the first sentence of
said Code section.
(13) Said title is further amended by deleting the comma follow-
ing the words programs and services and following 20-2-131 in
subsection (a) of Code Section 37-4-40, relating to filing petition with
a court for according of program of services to mentally retarded
person, and by deleting the comma following the word hearing in
the first sentence of subsection (f) of said Code section.
(14) Said title is further amended by deleting physicial and
inserting in lieu thereof physical in the first sentence of subsection
(d) of Code Section 37-4-124, relating to medication and physical
restraint of mentally retarded patients.
(15) Said title is further amended by deleting department and
inserting in lieu thereof Department of Human Resources in para-
graph (6) of Code Section 37-7-1, relating to definitions relative to
treatment of alcoholics and drug users.
(16) Said title is further amended by deleting evaulation and
inserting in lieu thereof evaluation in Code Section 37-7-63, relat-
ing to admission of persons to evaluating facilities for evaluation and
emergency treatment.
(17) Said title is further amended by deleting the comma follow-
ing representatives in subsection (d) of Code Section 37-7-100,
relating to designation of the facility to which a patient is to be
admitted.
(18) Said title is further amended by deleting the comma follow-
ing the word persons in paragraph (1) of Code Section 37-8-4,
relating to duties of the Department of Human Resources.
(19) Said title is further amended by deleting commisioner
and inserting in lieu thereof commissioner in subsection (b) of Code
Section 37-8-50, relating to the confidentiality of patient records and
exceptions to such confidentiality.
(20) Said title is further amended by deleting the comma follow-
ing the words from the patient and inserting a comma between
84
GENERAL ACTS AND RESOLUTIONS, VOL. I
patient and all in Code Section 37-9-4, relating to liability of a
patient for cost of care.
(21) Said title is further amended by deleting the word though
and inserting in lieu thereof through in the first sentence of
subsection (c) of Code Section 37-9-7, relating to authority of the
Department of Human Resources to inquire into and determine
income and assets.
Section 38. Title 38 of the Official Code of Georgia Annotated,
relating to military, emergency management, and veterans affairs, is
amended as follows:
(1) Said title is amended by adding a comma following thereof
in Code Section 38-2-131, relating to Military Division of the
Department of Defense.
(2) Said title is further amended by deleting or suit and
inserting in lieu thereof, accusation, or action in Code Section 38-
2-271, relating to change of venue for persons indicted or subjected to
civil action for performance of military duty.
(3) Said title is further amended by deleting as amended,
following 14-5-49, and by deleting , both inclusive, following 14-
5-48 in Code section 38-2-278, relating to devises, bequests, and
conveyances to military units as societies, and by deleting convey-
ance, and subject and inserting in lieu thereof conveyance and,
subject in said Code section.
(4) Said title is further amended by deleting tumultous and
inserting in lieu thereof tumultuous in the second sentence of
subsection (a) of Code Section 38-2-303, relating to the dispersion of
unlawful assemblies by military forces.
(5) Said title is further amended by deleting or prisons follow-
ing institutions in Code Section 38-2-344, relating to confinement
and imprisonment in civil jails.
(6) Said title is further amended by deleting the word such
twice and inserting in lieu thereof the in subsection (a) of Code
Section 38-2-463, relating to execution of confinement and discipline
while in civil jails; by deleting , penitentiary, or prison and inserting
in lieu thereof or correctional institution in said subsection; by
GEORGIA LAWS 1982 SESSION
85
deleting so preceding confined in said subsection; by deleting
such a jail and inserting in lieu thereof a jail or correctional
institution in said subsection; by deleting to jail by and inserting
in lieu thereof to jail or correctional institution by in said subsec-
tion; by deleting such and inserting in lieu thereof the in subsec-
tion (b); by adding or correctional institutions between jails and
designated in subsection (c); by deleting No such keeper and
inserting in lieu thereof No keeper in said subsection; by deleting
such jail and inserting in lieu thereof the jail in said subsection;
and by deleting , penitentiary, or prison and inserting in lieu
thereof or correctional institution in said subsection.
(7) Said title is further amended by deleting reponsible and
inserting in lieu thereof responsible at the end of the second
sentence in subsection (a) of Code Section 38-2-576, relating to the
redress of injuries to property by members of the organized militia.
(8) Said title is further amended by deleting 1951 and insert-
ing in lieu thereof 1981 in Code Section 38-3-1, relating to the short
title for Articles 1 through 3 of Chapter 3 of Title 38.
(9) Said title is further amended by deleting the comma follow-
ing oil spill in paragraph (1) of Code Section 38-3-3, relating to
definitions relative to emergency management.
(10) Said title is further amended by adding a comma following
the word surveys in subsection (c) of Code Section 38-3-22, relating
to the Governors emergency management powers and duties.
(11) Said title is further amended by deleting mangagement
and inserting in lieu thereof management in the first sentence in
subsection (c) of Code Section 38-3-27, relating to the establishment
of local organizations for emergency management.
(12) Said title is further amended by deleting the quotation
marks preceding I do further in subsection (b) of Code Section 38-
3-34, relating to emergency management personnel and their oath.
(13) Said title is further amended by deleting or any pension, law
or and inserting in lieu thereof any pension law, or in subsection
(a) of Code Section 38-3-35, relating to immunity of state and
political subdivisions.
86
GENERAL ACTS AND RESOLUTIONS, VOL. I
(14) Said title is further amended by deleting the word state
and inserting in lieu thereof State and by deleting the word
states and inserting in lieu thereof States and by deleting the
word Compact and inserting in lieu thereof compact throughout
Article XV of the compact contained in Code Section 38-3-71, relat-
ing to enactment of the Interstate Civil Defense and Disaster Com-
pact, except when Compact follows Disaster.
(15) Said title is further amended by deleting State Merit
System and inserting in lieu thereof state merit system in Code
Section 38-4-9, relating to employment of personnel of the Depart-
ment of Veterans Service.
(16) Said title is further amended by deleting the word Georgia
preceding veterans and by deleting the comma following veter-
ans and inserting in lieu thereof of this state and by deleting the
word the preceding full limit and inserting in lieu thereof its in
Code Section 38-4-10, relating to broad discretion in extending aid.
(17) Said title is further amended by deleting the comma follow-
ing the word generally in Code Section 38-4-11, relating to annual
reports relative to veterans; by deleting to the veterans and insert-
ing in lieu thereof concerning veterans; and by deleting to other-
wise report and inserting in lieu thereof otherwise to report in said
Code section.
(18) Said title is further amended by deleting The director and
inserting in lieu thereof Subject to other laws, the director and by
deleting department and inserting in lieu thereof Department of
Veterans Service in Code Section 38-4-12, relating to duty to main-
tain records.
(19) Said title is further amended by deleting the comma follow-
ing the word cited in Code Section 38-4-30, relating to the short
title of Part 1 of Article 2 of Chapter 4 of Title 38.
Section 39. Title 39 of the Official Code of Georgia Annotated,
relating to minors, is amended as follows:
(1) Said title is amended by deleting ; provided, that and
inserting in lieu thereof , provided that in Code Section 39-2-6,
relating to sale or delivery of newspapers.
GEORGIA LAWS 1982 SESSION
87
Section 40. Title 40 of the Official Code of Georgia Annotated,
relating to motor vehicles and traffic, is amended as follows:
(1) Said title is amended by deleting the comma following the
word vehicle in paragraph (31) of Code Section 40-1-1, relating to
definitions for Title 40, and by adding which are between title
and placed in paragraph (32) of said Code section.
(2) Said title is further amended by deleting the Code section
number 4-2-30 and inserting in lieu thereof 40-2-30 in the Code
section in Title 40 relating to issuance of license plates, which is
currently misnumbered as Code Section 4-2-30.
(3) Said title is further amended by deleting 5 and inserting in
lieu thereof (5) in paragraph (7) of Code Section 40-3-2, relating to
definitions in the Motor Vehicle Certificate of Title Act.
(4) Said title is further amended by deleting the last sentence of
subsection (b) of Code Section 40-3-22, relating to application for first
certificate of title, which reads as follows:
If the title application is submitted through a county, the county
shall be entitled to retain 50 percent of any late title application
penalty fee provided for in this Code section.
(5) Said title is further amended by deleting possesion and
inserting in lieu thereof possession in subsection (d) of Code
Section 40-3-52, relating to the perfection of second or subsequent
security interests in motor vehicles.
(6) Said title is further amended by adding a comma following
the word altered in subsection (a) of Code Section 40-4-22, relating
to possession, etc., of a motor vehicle or part thereof from which
identification has been removed.
(7) Said title is further amended by deleting section 40-5-61
and inserting in lieu thereof Section 40-5-61 in paragraph (1) of
subsection (e) of Code Section 40-5-58, relating to the definition of
habitual violator.
(7.1) Said title is further amended by deleting the period and
inserting in lieu thereof a semicolon at the end of paragraph (2) of
subsection (a) of Code Section 40-5-63, relating to periods of suspen-
sion and conditions to return of license.
88
GENERAL ACTS AND RESOLUTIONS, VOL. I
(8) Said title is further amended by deleting right of way and
inserting in lieu thereof right-of-way in subsection (b) of Code
Section 40-6-70, relating to vehicles approaching or entering an
intersection.
(9) Said title is further amended by deleting one scene and
inserting in lieu thereof the scene in subsection (a) of Code Section
40-6-277, relating to duty of the driver of a wrecker truck.
(9.1) Said title is further amended by deleting capable of all
and inserting in lieu thereof capable at all in Code Section 40-8-53,
relating to performance ability.
(9.2) Said title is further amended by designating the present
language of Code Section 40-8-111, relating to school bus equipment,
as subsection (a) and by adding a new subsection (b) to read as
follows:
(b) Nothing in subsection (a) of this Code section shall apply to
motor vehicles operated by a local transit system which transport
school children to and from school on regular or scheduled routes of a
transit vehicle with regular fare-paying passengers.
(10) Said title is further amended by deleting secretary of
health and human services and inserting in lieu thereof Secretary of
Health and Human Services in subsection (a) of Code Section 40-8-
130, relating to operation of a vehicle without a serviceable emission
control device.
(11) Said title is further amended by adding , lessors, lessees,
security interest holders, and lienholders following notify the
owner in subsection (b) of Code Section 40-11-2, relating to duty of a
person removing or storing motor vehicle.
(12) Said title is further amended by deleting the word mobiles
and inserting in lieu thereof mobile in the first sentence of the
second unnumbered paragraph of Code Section 40-2-36, relating to
registration and licensing of dealers, manufacturers, and persons
transporting motor vehicles, mobile homes, etc.
(13) Said title is further amended by deleting 49-9-33 and
inserting in lieu thereof 40-9-33 in subsection (b) of Code Section
40-9-5, relating to application of Chapter 9 of Title 40 to nonresi-
dents, unlicensed drivers, and unregistered vehicles.
GEORGIA LAWS 1982 SESSION
89
(14) Said title is further amended by adding to Code Section 40-6-
5, relating to persons working on highways, following the word and
figure Article 15 the following:
of this chapter,.
(15) Said title is further amended by striking from subsection (d)
of Code Section 40-8-74, relating to tires, the following:
Transportation Board,
and inserting in lieu thereof the following:
State Transportation Board.
Section 41. Reserved.
Section 42. Title 42 of the Official Code of Georgia Annotated,
relating to penal institutions, is amended as follows:
(1) Said title is amended by deleting Commissioner of Offender
Rehabilitation and inserting in lieu thereof commissioner of
offender rehabilitation in subsection (a) of Code Section 42-1-2,
relating to reward for information leading to the capture of an
escaped inmate of a penal institution under jurisdiction of the Board
of Offender Rehabilitation.
(2) Said title is further amended by deleting Rehabilitation
and inserting in lieu thereof rehabilitation in paragraph (2) of Code
Section 42-2-1, relating to definitions relative to Chapter 2 of Title 42.
(3) Said title is further amended by adding a comma following
is so acquired in paragraph (3) of Code Section 42-3-5, relating to
powers of the Georgia Building Authority (Penal).
(4) Said title is further amended by deleting the comma follow-
ing negotiable revenue bonds in the first sentence in Code Section
42-3-6, relating to issuance of revenue bonds by the Georgia Building
Authority (Penal).
(5) Said title is further amended by inserting a comma between
who and or in Code Section 42-3-17, relating to persons, etc., to
whom bond proceeds are payable.
90
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) Said title is further amended by deleting provided, how-
ever and inserting in lieu thereof provided, however and by
deleting the comma following public officials in Code Section 42-3-
19, relating to remedies of bondholders.
(7) Said title is further amended by deleting the comma follow-
ing the word chapter in Code Section 42-3-22, relating to exemption
from taxation of property of the Georgia Building Authority (Penal).
(8) Said title is further amended by adding for the purposes
specified in paragraph (1) of this subsection, after General Assem-
bly in paragraph (2) of subsection (c) of Code Section 42-5-53,
relating to establishment of county correctional institutions, and by
adding a comma between hearing and the in paragraph (3) of said
subsection.
(9) Said title is further amended by deleting the comma follow-
ing indictment and deleting the word information following
accusation in paragraph (3) of Code Section 42-6-1, relating to
definitions relative to detainers.
(10) Said title is further amended by adding the word or
between indictment and accusation in subsection (a) of Code
Section 42-6-3, relating to time limit for trial upon the written request
of an inmate.
(11) Said title is further amended by deleting the comma follow-
ing the word accusations in subsection (d) of Code Section 42-6-5,
relating to delivery of temporary custody of an inmate requesting
disposition of a pending indictment, etc., to the sheriff or a deputy
sheriff of the county.
(12) Said title is further amended by deleting Code Section 42-7-
13 and inserting in lieu thereof Article 2 of Chapter 8 of this title in
paragraph (1) of subsection (c) of Code Section 42-7-15, relating to
election by a court to utilize Chapter 7 of Title 15.
(13) Said title is further amended by deleting prorated and
inserting in lieu thereof probated in Code Section 42-8-36, relating
to duty of a probationer to inform the probation supervisor of
residence, etc.
GEORGIA LAWS 1982 SESSION
91
(14) Said title is further amended by deleting affixing and
inserting in lieu thereof fixing in Code Section 42-9-20, relating to
the power of the State Board of Pardons and Paroles to grant
reprieves.
(15) Said title is further amended by deleting board, provided
and inserting in lieu thereof board; provided in subsection (b) of
Code Section 42-9-53, relating to preservation of documents.
Section 43. Title 43 of the Official Code of Georgia Annotated,
relating to professions and businesses, is amended as follows:
(1) Said title is amended by inserting except the State Board of
Accountancy following board in the introductory language of
Code Section 43-1-9, relating to point credit for veterans taking
examinations given by state examining boards.
(2) Said title is further amended by deleting the comma follow-
ing the word territory in paragraph (3) of Code Section 43-3-2,
relating to definitions relative to accountants.
(3) Said title is further amended by deleting the comma follow-
ing the word chapter in Code Section 43-3-12, relating to persons
holding certified public accountant certificates as of July 1,1977.
(4) Said title is further amended by deleting the comma follow-
ing 43-3-13 in subsection (c) of Code Section 43-3-14, relating to
scope of accountants examinations.
(5) Said title is further amended by deleting the comma between
the words chapter and shall in subsection (a) and by deleting the
word chapter and inserting in lieu thereof Code section in the last
sentence of subsection (b) of Code Section 43-4-17, relating to unlaw-
ful use of the term architect, etc.
(6) Said title is further amended by deleting autioneers and
inserting in lieu thereof auctioneers in subsection (a) of Code
Section 43-6-11, relating to the qualifications required for licensing of
auctioneers and apprentice auctioneers.
(7) Said title is further amended by deleting constitue and
inserting in lieu thereof constitute in Code Section 43-6-23, relating
to the obtaining of injunctive relief to enjoin violations of laws
concerning auctioneers.
92
GENERAL ACTS AND RESOLUTIONS, VOL. I
(8) Said title is further amended by deleting apprentice and
inserting in lieu thereof apprentice and by deleting the comma
following the word license in Code Section 43-6-25, relating to the
penalty relating to auctions and auctioneers.
(9) Said title is further amended by deleting the word city and
inserting in lieu thereof municipality in subsection (a) of Code
Section 43-8-18, relating to penalties relative to billiard rooms.
(10) Said title is further amended by deleting a written and
inserting in lieu thereof an in Code Section 43-9-8, relating to
chiropractor examinations.
(11) Said title is further amended by deleting the word in and
inserting in lieu thereof on in paragraph (6) of Code Section 43-9-
12, relating to refusal or revocation of chiropractic licenses, and by
deleting the comma following the word regulated in paragraph (7)
of said Code section.
(11.1) Said title is further amended by adding a new subsection
(b) to Code Section 43-9-16, relating to scope of practice of chiroprac-
tors, to read as follows:
(b) Chiropractors who have complied with this chapter shall
have the right to sign health certificates, reporting to the proper
health officers the same as other practitioners.,
and by redesignating subsections (b) and (c) as subsections (c) and
(d).
(12) Said title is further amended by deleting paragraphs (1), (2),
and (4) of Code Section 43-14-5, relating to powers, and by renumber-
ing the remaining paragraphs of said Code section accordingly.
(13) Said title is further amended by deleting executive direc-
tor and inserting in lieu thereof joint-secretary in paragraph (4) of
subsection (a) of Code Section 43-14-6, relating to powers and duties
of divisions of the State Construction Industry Licensing Board, and
by deleting executive director and inserting in lieu thereof joint-
secretary in paragraph (6) of said subsection.
(14) Said title is further amended by deleting subsections (a) and
(d) of Code Section 43-14-7, relating to powers and duties of the joint-
GEORGIA LAWS 1982 SESSION
93
secretary; by renumbering subsection (b) as subsection (a), by delet-
ing executive director of the board and inserting in lieu thereof
joint-secretary, and by deleting executive director and inserting
in lieu thereof joint-secretary in said subsection; by renumbering
subsection (c) as subsection (b), by deleting executive director and
inserting in lieu thereof joint-secretary or his designee, and by
deleting the last sentence of said subsection, which reads as follows:
The result of all investigations shall be reported to, and the
records thereof shall be kept by, the board.
(15) Said title is further amended by deleting compentency
and inserting in lieu thereof competency in subsection (a) of Code
Section 43-14-8, relating to license requirements and licensing of
persons or entities engaged in electrical contracting, plumbing, or
conditioned air contracting.
(16) Said title is further amended by deleting the comma follow-
ing the word years in subparagraph (2)(A) of Code Section 43-15-8,
relating to engineer-in-training certificates.
(17) Said title is further amended by adding Article 3 of preced-
ing Chapter 8 in paragraph (4) of subsection (a) of Code Section 43-
15-19, relating to revocation, suspension, etc., of certificates or certifi-
cates of registration of professional engineers and land surveyors.
(18) Said title is further amended by deleting accompained and
inserting in lieu thereof accompanied in the second sentence of
Code Section 43-16-9, relating to fees for reinstatement of firearms
dealers licenses.
(19) Said title is further amended by deleting Chapter and
inserting chapter following Article 1 of this in Code Section 43-
18-90, relating to legislative findings regarding contracts for preneed
funeral services.
(20) Said title is further amended by deleting 48-18-102 and
inserting in lieu thereof 43-18-102 in the Code section in Title 43
relating to revocation, suspension, or refusal to renew a funeral
service certificate of authority, which was erroneously designated as
Code Section 48-18-102.
(21) Said title is further amended by deleting duces tecum in
the second sentence of Code Section 43-19-21, relating to the issuance
94
GENERAL ACTS AND RESOLUTIONS, VOL. I
of subpoenas by the State Board of Registration for Professional
Geologists or its hearing examiner.
(22) Said title is further amended by deleting the period and
inserting in lieu thereof a semicolon at the end of subparagraph (8)(L)
of Code Section 43-20-16, relating to denial, nonrenewal, suspension,
or revocation of licenses or permits of hearing aid dealers and
dispensers.
(23) Said title is further amended by adding a paragraph (4) at
the end of Code Section 43-26-1, relating to definitions relative to
nursing, to read as follows:
(4) Practice of nursing by a licensed undergraduate nurse
means the performance for compensation of selected acts in the care
of the ill, injured, or infirm under the direction of a licensed registered
professional nurse or a physician practicing medicine in accordance
with Article 2 of Chapter 34 of this title, or a dentist practicing
dentistry in accordance with Chapter 11 of this title, or a podiatrist
practicing podiatry in accordance with Chapter 35 of this title.
(24) Said title is further amended by deleting seven and insert-
ing in lieu thereof eight in subsection (a) of Code Section 43-26-2,
relating to the creation of the Georgia Board of Nursing; by deleting
All and inserting in lieu thereof Seven in subsection (c); and by
adding to the end of subsection c the following language:
The eighth member of the board shall be appointed by the
Governor from the public at large who shall be a citizen of the United
States and a resident of this state and shall have no connection
whatsoever with the nursing profession. The citizen member who is
not a registered professional nurse may vote only on matters relating
to administration and policy which do not directly relate to practical
and scientific examination of nurses for licensing.
(25) Said title is further amended by deleting paragraph (6) of
subsection (a) of Code Section 43-26-4, relating to powers of the
Georgia Board of Nursing, and inserting in lieu thereof a new para-
graph (6), to read as follows:
(6) (A) Conduct hearings upon charges calling for disci-
pline of a licensee and, in the event the charges are substanti-
ated, after notice and hearing, to take any one or more of the
following actions:
GEORGIA LAWS 1982 SESSION
95
(i) Administer a public or private reprimand, but a
private reprimand shall not be disclosed to anyone
except the licensee;
(ii) Suspend a license for a definite period of time
not to exceed 12 months;
(iii) Limit or restrict the license of a licensee;
(iv) Revoke licenses;
(v) Refuse to renew a license; or
(vi) Condition the penalty, or withhold formal dis-
position, upon the licensees submission to the care,
counseling, or treatment of physicians or other profes-
sional persons, and upon the completion of such care,
counseling, or treatment as directed by the board.
In addition to and in conjunction with such actions, the board
may make a finding adverse to a licensee, but withhold
imposition of judgment and penalty, or the board may impose
the judgment and penalty but suspend enforcement thereof
and place the licensee on probation. Such probation may be
vacated upon noncompliance with such reasonable terms as
the board may impose. In its discretion, the board may restore
and reissue a license issued under this article and as a
condition thereof may impose any disciplinary or corrective
measure provided in this article.
(B) Any of the actions enumerated in subparagraph (A)
of this paragraph may be taken upon a finding by the board
that the licensee or applicant has:
(i) Failed to demonstrate the qualifications or
standards for a license contained in this article or the
rules and regulations of the board; it shall be incumbent
upon the applicant to demonstrate to the board that he
meets all requirements for the issuance of a license;
(ii) Knowingly made misleading, deceptive, untrue,
or fraudulent representations in the practice of nursing
or in any document connected therewith; or practiced
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GENERAL ACTS AND RESOLUTIONS, VOL. I
fraud or deceit or intentionally made any false statement
in obtaining a license to practice nursing; or made a false
or deceptive registration with the board;
(iii) Been convicted in any court of this state or of
the United States of a felony or any other crime involving
moral turpitude;
(iv) Had his license to practice nursing revoked,
suspended, or annulled by any lawful licensing authority;
or had other disciplinary action taken against him by any
lawful licensing authority; or was denied a license by any
lawful licensing authority;
(v) Engaged in any unprofessional, unethical,
deceptive, or deleterious conduct or practice harmful to
the public, likely to deceive, defraud, or harm the public.
Unprofessional conduct shall also include the failure to
meet the minimal standards of acceptance and prevailing
nursing practice;
(vi) Violated or attempted to violate a statute, law,
or any lawfully promulgated rule or regulation of this
state, any other state, the board, or the United States, or
any lawful authority (without regard to whether the
violation is criminally punishable), which statute, law, or
rule or regulation related to or in part regulated the
practice of nursing when the licensee or applicant knows
or should know that such action is violative of such
statute, law, or rule or regulation; or violated a lawful
order of the board, previously entered by the board in a
disciplinary hearing;
(vii) Been adjudged mentally incompetent by a
court of competent jurisdiction within or outside of this
state; 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 licensee is
mentally competent, orders otherwise; or
GEORGIA LAWS 1982 SESSION
97
(viii) Become unable to practice nursing with rea-
sonable skill and safety to patients by reason of illness,
use of alcohol, drugs, narcotics, chemicals, or any other
type of material, or as a result of any mental or physical
condition;
Said Code section is further amended by deleting the word and at
the end of paragraph (8); by deleting the period at the end of
paragraph (9) and inserting in lieu thereof and; and by adding a
new paragraph (10), to read as follows:
(10) Renew licenses of licensed undergraduate nurses in
accordance with this article.
(26) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a period at the end of paragraph (7) of
subsection (a) of Code Section 43-26-5, relating to the advisory
council to the Georgia Board of Nursing, and by deleting the comma
following the word Governor in the second paragraph of subsection
(a).
(27) Said title is further amended by designating the unnumbered
paragraph of Code Section 43-26-6, relating to titles and abbrevia-
tions relative to nursing, as subsection (a) and by adding a new
subsection (b), to read as follows:
(b) Any person holding a license to practice as a licensed
undergraduate nurse issued by the board and valid on July 1, 1975,
shall be deemed to be licensed as a licensed undergraduate nurse
under this article and shall have the right to use the title licensed
undergraduate nurse and the abbreviation L.U.N. No other person
shall assume such title or use such abbreviation or any other words,
letters, signs, or symbols to indicate that such person is a licensed
undergraduate nurse. After July 1, 1975, there shall be no new
certificates issued for licensure to practice nursing as a licensed
undergraduate nurse.
(28) Said title is further amended by deleting the and following
paragraph (4) of subsection (a) of Code Section 43-26-8, relating to
fees of the Georgia Board of Nursing; by deleting the period at the end
of paragraph (5) and inserting in lieu thereof ; and; and by adding a
new paragraph (6) to said subsection, to read as follows:
98
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) Renewal of a license to practice nursing as a licensed
undergraduate nurse.
(29) Said title is further amended by adding following profes-
sional nurse in the first sentence or as a licensed undergraduate
nurse in subsection (a) of Code Section 43-26-10, relating to
engaging in practice as a registered professional nurse without a
license, and by adding following professional nurse in the second
and third sentences or licensed undergraduate nurse three times in
said subsection.
(30) Said title is further amended by adding after professional
nurse in paragraphs (2), (3), (4), and (5) of Code Section 43-26-12,
relating to unlawful acts, the words or licensed undergraduate
nurse and by deleting Willfully violate and inserting in lieu
thereof Violate willfully in paragraph (7) of said Code section.
(31) Said title is further amended by deleting 28 and inserting
in lieu thereof 29 as the chapter number for the chapter dealing
with dispensing opticians.
(32) Said title is further amended by deleting 43-39-21 and
inserting in lieu thereof 43-29-21 in subsection (a) of Code Section
43-29-7, relating to the license requirement for persons engaged in the
trade or occupation of dispensing optician.
(33) Said title is further amended by deleting the comma between
chapter and or in Code Section 43-29-21, relating to penalties
relating to dispensing opticians.
(34) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a comma following 50-13-17 in subsection
(b) of Code Section 43-30-11, relating to appointment of an agency
representative to determine contested cases pending before the State
Board of Examiners in Optometry.
(35) Said title is further amended by deleting misdeameanor
and inserting in lieu thereof misdemeanor in Code Section 43-32-7,
relating to the offense of selling goods as a peddler or itinerant trader
without a license.
(36) Said title is further amended by deleting the comma follow-
ing provided in subsection (b) of Code Section 43-33-17, relating to
GEORGIA LAWS 1982 SESSION
99
issuance of a temporary physical therapy license without examina-
tion.
(37) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a comma preceding the word provided in
paragraph (3) of Code Section 43-34-20, relating to definitions rela-
tive to the practice of medicine.
(38) Said title is further amended by deleting biennially and
inserting in lieu thereof annually twice in subsection (a) and once in
subsection (b) of Code Section 43-34-34, relating to provisional
licenses for medical practitioners who have not passed an examina-
tion; by deleting be valid for up to two years and inserting in lieu
thereof expire 12 months after its issue in subsection (a); and by
deleting licensure and inserting in lieu thereof 12 month in
subsection (a) of said Code section.
(39) Said title is further amended by deleting the comma between
state and shall in subparagraph (a)(13)(B) of Code Section 43-
34-37, relating to refusal of licenses, suspension of licenses, disciplin-
ing of physicians, etc.
(40) Said title is further amended by deleting 42-34-66 and
inserting in lieu thereof 43-34-66 in the Code section relating to
references and attestations of applicants for licensure as orthotists.
(41) Said title is further amended by deleting offiense and
inserting in lieu thereof offense in the last sentence of subsection
(a) of Code Section 43-34-107, relating to the termination of approval
and revocation of certificates for utilization of physicians assistants.
(42) Said title is further amended by adding the word State
preceding Board in paragraph (1) of Code Section 43-34-122,
relating to definitions relative to medical use of marijuana.
(43) Said title is further amended by deleting the comma follow-
ing professional office in Code Section 43-35-11, relating to incor-
poration for the purpose of practicing podiatry.
(44) Said title is further amended by deleting the comma follow-
ing the word ownership in subsection (e) of Code Section 43-37-2,
relating to registration procedure for dealers in precious metals and
gems.
100
GENERAL ACTS AND RESOLUTIONS, VOL. I
(45) Said title is further amended by adding a comma following
the word discretion in subsection (e) of Code Section 43-38-10,
relating to permits for private detectives to carry firearms.
(46) Said title is further amended by adding a comma following
the word territory in paragraph (3) of subsection (a) of Code
Section 43-38-11, relating to grounds for denial or sanction of private
detective licenses and registrations.
(47) Said title is further amended by deleting the word
Midnight and inserting in lieu thereof midnight in subsection (d)
of Code Section 43-40-12, relating to license fees for real estate
brokers and salespersons.
(48) Said title is further amended by deleting the word com-
plaint in subsection (b) of Code Section 43-40-24, relating to requi-
sites for maintenance of action under Chapter 40 of Title 43.
(49) Said title is further amended by deleting his regular and
inserting in lieu thereof their regular in paragraph (1) of Code
Section 43-40-29, relating to exceptions to operation of Chapter 40 of
Title 43.
(50) Said title is further amended by deleting the comma follow-
ing the word units in paragraph (3) of Code Section 43-41-7,
relating to prerequisites to admission to examination for license as a
therapeutic recreation specialist.
(50.1) Said title is further amended by deleting the word eight
and inserting in lieu thereof the word seven in subsection (a), by
deleting subsections (b) and (c) and inerting in lieu thereof
subsections (e) and (f) in subsection (a), and by deleting and who
has no connection whatsoever to the field of sanitary science and
technology in subsection (f) of Code Section 43-42-2, relating to the
creation of the Georgia Board of Registered Professional Sanitarians.
(51) Said title is further amended by deleting the word Commis-
sion and inserting in lieu thereof commission in subsection (a) of
Code Section 43-45-13, relating to restrictions on advertising relative
to the structural pest control business.
(52) Said title is further amended by deleting One and inserting
in lieu thereof one following follows: in subsection (a) of Code
GEORGIA LAWS 1982 SESSION
101
Section 43-48-3, relating to the State Board of Registration for Used
Motor Vehicle Dismantles, Rebuilders, and Salvage Dealers.
(53) Said title is further amended by striking paragraph (2) of
subsection (a) of Code Section 43-38-14, relating to exceptions to
operation of Chapter 38 of Title 43, in its entirety and inserting in lieu
thereof a new paragraph (2) to read as follows:
(2) A person engaged in the business of furnishing information
in connection with credit, employment, insurance, marketing, or
other business decisions or transactions, including but not limited to
a person or firm engaged as a consumer reporting agency, as defined
by the Federal Fair Credit Reporting Act;.
Section 44. Title 44 of the Official Code of Georgia Annotated,
relating to property, is amended as follows;
(1) Said title is amended by deleting the comma following the
word fish in Code Section 44-1-9, relating to ownership of deposit
and offspring by wild animals on land.
(2) Said title is further amended by adding a comma between
the words and and in in the last sentence of subsection (b) of
Code Section 44-1-15, relating to removal, destruction, etc., of survey
monuments, and by deleting the commas before and after the word
thereof in subsection (c) of said Code section.
(3) Said title is further amended by deleting as between
court and and and by deleting the comma following notice in
subsection (b) of Code Section 42-2-2, relating to the clerk of the
superior court keeping a docket for filing for record of deeds.
(4) Said title is further amended by deleting the comma and
inserting in lieu thereof a semicolon following the word state in the
last sentence of subsection (b) of Code Section 44-2-20, relating to
recorded affidavits relating to land as notice of facts cited therein.
(5) Said title is further amended by deleting the commas
following appears and by its caption in subsection (c) of Code
Section 44-2-21, relating to execution of instrument out of state.
(6) Said title is further amended by deleting the comma follow-
ing lien on and the comma following 44-2-26 in Code Section 44-
2-28, relating to incorporation of plats into deeds by reference.
102
GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) Said title is further amended by deleting the comma follow-
ing mean in the first sentence of Code Section 44-2-41, relating to
definitions relative to land registration.
(8) Said title is further amended by adding the word the
between or and sheriff in Code Section 44-2-42, relating to
performance of clerks and sheriffs duties by deputies.
(9) Said title is further amended by adding a colon following the
word who and by deleting the commas preceding the numerals (2),
(3), (4), (5), and (6), and before or (7) and inserting in lieu thereof a
semicolon in Code Section 44-2-43, relating to acts of fraud, forgery,
theft, etc., in connection with registration of title to land.
(10) Said title is further amended by placing a colon following the
word who and deleting the comma preceding the numerals (2), (3),
and (4) and before or (5) and inserting in lieu thereof a semicolon in
Code Section 44-2-44, relating to fraudulent acts by clerks, deputies,
etc.
(11) Said title is further amended by deleting the comma follow-
ing the word thereof in the last sentence of subsection (b) of Code
Section 44-2-67, relating to process and notice.
(12) Said title is further amended by deleting the comma follow-
ing the word owners in paragraph (3) of Code Section 44-2-101,
relating to referral of cases to examiners.
(13) Said title is further amended by deleting the comma follow-
ing the word state in Code Section 44-2-104, relating to authority to
inspect pertinent records.
(14) Said title is further amended by deleting the comma between
title and to in Code Section 44-2-160, relating to transfer of an
entire registered estate.
(15) Said title is further amended by deleting the language as an
assurance fund and inserting such language following paid to the
clerk in Code Section 44-2-190, relating to payment into an assur-
ance fund upon original registration.
(16) Said title is further amended by deleting the comma between
required and may in Code Section 44-2-192, relating to invest-
ment of an assurance fund.
GEORGIA LAWS 1982 SESSION
103
(17) Said title is further amended by deleting the word address
and inserting in lieu thereof addresses in item 21. of the Original
Petition for Registration of Lands in Code Section 44-2-221, relating
to petition to register land.
(18) Said title is further amended by deleting the colon following
In re petition in the form used for advertisement in Code Section
44-2-223, relating to advertisements relating to recordation and regis-
tration.
(19) Said title is further amended by deleting entires and
inserting in lieu thereof entries in subsection (c) of Code Section
44-2-240, relating to the owners certificate of title.
(20) Said title is further amended by deleting the comma follow-
ing the word note in subsection (c) of Code Section 44-2-248,
relating to notation of special right.
(21) Said title is further amended by deleting the comma follow-
ing the word noted in Code Section 44-2-251, relating to registra-
tion and notation of other voluntary transactions.
(22) Said title is further amended by adding a comma after the
line following 19 in Code Section 44-2-252, relating to updating
entries and notations on the owners certificate.
(23) Said title is further amended by adding a comma between
that and when in paragraph (8) of Code Section 44-3-2, relating
to definitions relative to the Georgia Land Sales Act of 1972..
(24) Said title is further amended by deleting the comma follow-
ing the word article in paragraph (6) of subsection (a) of Code
Section 44-3-5, relating to contents of a proposed public property
report.
(25) Said title is further amended by deleting Out-of-State and
inserting in lieu thereof Out-of-state in Code Section 44-3-25,
relating to effect on Out-of-state Land Sales Act.
(26) Said title is further amended by deleting Out-of-State and
inserting in lieu thereof Out-of-state in Code Section 44-3-40,
relating to the short title of Article 2 of Chapter 3 of Title 44.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(27) Said title is further amended by deleting in the writing and
inserting in lieu thereof in that writing in paragraph (1) of Code
Section 44-3-43, relating to appointment of the Secretary of State as
attorney and posting of a bond as prerequisites to offer, etc., of out-of-
state subdivisions, lots, parcels, etc.
(28) Said title is further amended by deleting the comma follow-
ing the word necessary twice in Code Section 44-3-45, relating to
investigation and inspection prior to licensing.
(29) Said title is further amended by adding visual or sound
broadcasting after magazine, in Code Section 44-3-49, relating to
liability of media for subdivision advertisements.
(30) Said title is further amended by deleting the comma follow-
ing the word such in paragraph (13) of Code Section 44-3-71,
relating to definitions relative to condominiums.
(31) Said title is further amended by deleting the word com-
plaince and inserting in lieu thereof compliance in Code Section
44-3-76, relating to compliance with condominium instruments.
(32) Said title is further amended by deleting the comma follow-
ing article in paragraph (13) of subsection (a) of Code Section 44-3-
77, relating to contents of declaration, and by deleting the comma
following the word plats in subsection (f) of said Code section.
(33) Said title is further amended by deleting shall be, and
inserting in lieu thereof shall, be in subsection (c) of Code Section
44-3-79, relating to allocation of votes in a condominium association.
(34) Said title is further amended by deleting the semicolon
following the word survey in the first sentence of subsection (a) of
Code Section 44-3-83, relating to recording of plats and plans; by
adding a comma after but less than all in said subsection; and by
deleting the comma following the word thereof in subparagraph
(b)(1)(C) of said Code section.
(35) Said title is further amended by deleting the comma follow-
ing damage in subsection (f) of Code Section 44-3-85, relating to
easements.
GEORGIA LAWS 1982 SESSION
105
(36) Said title is further amended by adding commas following
the words instruments and law in paragraph (6) of subsection (b)
of Code Section 44-3-86, relating to leasehold condominiums.
(37) Said title is further amended by deleting the comma follow-
ing the word unit in subsection (f) of Code Section 44-3-87, relating
to conversion condominiums.
(38) Said title is further amended by deleting the comma between
pertain and or in subsection (a) of Code Section 44-3-93, relating
to amendment of condominium instruments.
(39) Said title is further amended by adding a comma following
purposes in Code Section 44-3-96, relating to separate titles and
taxation.
(40) Said title is further amended by adding the word be
between shall and in in subsection (d) of Code Section 44-3-98,
relating to termination of condominium, and by adding a comma
following the word priorities in subsection (f) of said Code section.
(41) Said title is further amended by deleting associations shall
have the power, and inserting in lieu thereof association shall have
the power in subsection (c) of Code Section 44-3-109, relating to
liens for assessments.
(42) Said title is further amended by deleting acknowledge-
ment and inserting in lieu thereof acknowledgment in the last
sentence of the undesignated material in subparagraph (b)(10)(C), by
deleting ACKNOWLEDGEMENT and inserting in lieu thereof
ACKNOWLEDGMENT in the legend in subsection (c), by delet-
ing CONDOMIUM and inserting in lieu thereof CONDOMIN-
IUM in paragraph (2) of subsection (e), and by deleting CODE
SECTION 44-3-11 and inserting in lieu thereof CODE SECTION
44-3-111 in the contract described in subsection (c) of Code Section
44-3-111, relating to sales of residential condominium units for resi-
dential occupancy; by deleting the word in between than and
the in paragraph (3) of subsection (e); and by deleting the comma
following the word site in subsection (f) of said Code section.
(43) Said title is further amended by adding a comma between
the words contract and which in Code Section 44-3-131, relating
to perpetual and endowment care provisions in contracts for sale of a
cemetery lot, grave space, etc.
106
GENERAL ACTS AND RESOLUTIONS, VOL. I
(44) Said title is further amended by adding a colon between the
word cemetery and (1); by deleting the provisions of law con-
tained in; and by deleting the commas preceding the numerals (2),
(3), (4) and or (5) and inserting in lieu thereof a semicolon in
subsection (e) of Code Section 44-3-141, relating to deposit of pay-
ments received by a cemetery for merchandise which is not attached
to realty nor delivered to the purchaser at the time of sale, and by
deleting the comma following the word transferee in subsection (h)
of said Code section.
(45) Said title is further amended by deleting the word
remarked and inserting in lieu thereof re-marked in Code Sec-
tion 44-4-2, relating to application for a new survey and marking of
lines.
(46) Said title is further amended by deleting the comma follow-
ing land lies and inserting in lieu thereof a semicolon in Code
Section 44-4-9, relating to adjoining landowners protest.
(47) Said title is further amended by deleting the comma follow-
ing the word persons in Code Section 44-5-86, relating to gifts by a
person subject to undue influence.
(48) Said title is further amended by deleting the comma follow-
ing the word donor in paragraph (2) of Code Section 44-5-113,
relating to the right of an adult to make gifts of securities, annuity
contracts, etc.
(49) Said title is further amended by inserting a comma between
that and if in Code Section 44-5-164, relating to when adverse
possession for seven years confers title.
(50) Said title is further amended by deleting remainder on his
and inserting in lieu thereof remainder or his in Code Section 44-6-
88, relating to bond of a purchaser of a life estate in personalty
demand.
(51) Said title is further amended by deleting the comma follow-
ing the word estate in Code Section 44-6-104, relating to right of a
tenant for years to emblements.
(52) Said title is further amended by deleting the comma follow-
ing the word concerned in Code Section 44-6-166, relating to return
of partitioners as judgment of court.
GEORGIA LAWS 1982 SESSION
107
(53) Said title is further amended by deleting the comma follow-
ing the word void in subsection (c) of Code Section 44-7-2, relating
to parol contracts creating a landlord and tenant relationship.
(54) Said title is further amended by deleting the word purpose
and inserting in lieu thereof purposes in paragraph (1) of subsec-
tion (a) of Code Section 44-7-3, relating to disclosure of ownership,
agents, etc;
(55) Said title is further amended by adding a comma after
provided in Code Section 44-7-14, relating to tort liability of a
landlord.
(56) Said title is further amended by deleting the comma between
the words rent and a in Code Section 44-7-17, relating to exemp-
tion of crops paid as rent from liens, etc., against a tenant.
(57) Said title is further amended by adding a comma following
the word include in the first sentence in paragraph (2) of Code
Section 44-7-30, relating to definitions concerning security deposits.
(58) Said title is further amended by deleting the comma follow-
ing the word tenant in subsection (a) of Code Section 44-7-34,
relating to return of a security deposit.
(59) Said title is further amended by inserting a comma following
the word answer in subsection (c) of Code Section 44-7-53, relating
to time for tenant to reopen default.
(60) Said title is further amended by adding and after the
semicolon at the end of paragraph (1) and by adding a comma
between the word payment and the in paragraph (2) of subsec-
tion (a) of Code Section 44-7-54, relating to payment of rent into
court.
(61) Said title is further amended by deleting the comma between
provided and that in subsection (c) of Code Section 44-7-74,
relating to answer and grant of a distress warrant on failure to answer.
(62) Said title is further amended by adding the word the
between affect and possession in subsection (e) of Code Section
44-7-75, relating to payment of rent into the court in cases of distress
warrants.
108
GENERAL ACTS AND RESOLUTIONS, VOL. I
(63) Said title is further amended by adding the word the
following tenant, in subsection (a) and by deleting the of and
inserting in lieu thereof of the in subsection (b) of Code Section 44-
7-77, relating to judgment and satisfaction; landlords liability; distri-
bution of funds; and return of property.
(64) Said title is further amended by deleting Code section and
inserting in lieu thereof chapter and by deleting the comma follow-
ing transporting in subsection (a) of Code Section 44-8-5, relating
to rights of adjoining landowners in navigable streams.
(65) Said title is further amended by deleting the comma follow-
ing the word fish in subsection (b) of Code Section 44-8-7, relating
to rights of owners of land adjacent to or covered by navigable
tidewaters.
(66) Said title is further amended by adding a comma following
express grant, wild lands, and same owner in Code Section 44-
9-1, relating to methods of acquiring private ways.
(67) Said title is further amended by deleting the comma follow-
ing 20 feet in width in subsection (b) of Code Section 44-9-40,
relating to authority of a superior court to grant private ways.
(68) Said title is further amended by inserting the word a
between for and new and adding the between after and
determination in Code Section 44-9-47, relating to motions and
proceedings subsequent to judgment.
(69) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a comma following the word damages in
Code Section 44-9-55, relating to when owners are barred from
damages.
(70) Said title is further amended by adding a comma following
the word property in Code Section 44-9-91, relating to proceedings
to lay out way.
(70.1) Said title is further amended by striking predominately
and inserting in lieu thereof predominantly in paragraph (1) of
Code Section 44-10-2, relating to definitions relative to facade and
conservation easements.
GEORGIA LAWS 1982 SESSION
109
(71) Said title is further amended by deleting the comma follow-
ing the word revaluation in Code Section 44-10-5, relating to form
of instrument conveying an easement for historic preservation.
(72) Said title is further amended by adding the word to
between given and the in Code Section 44-12-22, relating to
assignment of choses in action arising upon contracts.
(73) Said title is further amended by deleting the comma follow-
ing the word bailor in Code Section 44-12-68, relating to consent
required for removal of hired thing from state or hazardous use.
(74) Said title is further amended by deleting the comma follow-
ing the word has in the last sentence of paragraph (1) of subsection
(a) of Code Section 44-12-194, relating to when unclaimed funds held
by insurance corporations are presumed abandoned.
(75) Said title is further amended by deleting the words road
and street and inserting in lieu thereof roads and streets in
subsection (a) of Code Section 44-12-241, relating to pecans falling on
public right of way.
(76) Said title is further amended by deleting the commas follow-
ing the words section and court in subsection (c) of Code Section
44-13-5, relating to application for homestead, and by deleting the
comma between the words petition and which in said subsection.
(77) Said title is further amended by deleting the comma follow-
ing the word thereof in Code Section 44-13-12, relating to approval
of application; transmittal of copy of homestead to other counties;
recordation; and evidentiary value.
(78) Said title is further amended by deleting the comma follow-
ing the word property in Code Section 44-13-16, relating to how
cash is exempted.
(79) Said title is further amended by deleting the comma follow-
ing the word property in the second sentence of Code Section 44-
13-62, relating to findings upon the trial.
(80) Said title is further amended by deleting the comma follow-
ing the word surveyor in Code Section 44-13-102, relating to survey
and plat of exempted land; return to probate court; and recordation.
110
GENERAL ACTS AND RESOLUTIONS, VOL. I
(81) Said title is further amended by deleting the comma follow-
ing the word debtor in Code Section 44-13-106, relating to use of
exempted property.
(82) Said title is further amended by adding a comma following
the word property in paragraph (5) of subsection (a) and by
deleting the comma following the word subsection in subsection (b)
of Code Section 44-14-2, relating to what advances secured by mort-
gage or conveyance to secure debt.
(83) Said title is further amended by adding the word the
between by and bill in Code Section 44-14-6, relating to wrongful
sale or removal of mortgaged property.
(84) Said title is further amended by deleting the word represen-
tative and inserting in lieu thereof representatives in subsection
(a) of Code Section 44-14-80, relating to reversion of realty to the
guarantor; by adding the word or following record of the convey-
ance in said subsection; and by deleting the comma between or
and his in said subsection.
(85) Said title is further amended by adding the word the
between into and court in paragraph (2) of Code Section 44-14-
120, relating to enforcement of rights; petitions; and orders.
(86) Said title is further amended by deleting The court and
inserting in lieu thereof in subsection (a) of Code Section 44-14-124,
relating to judgment; lien thereof; and levy and sale of the land, the
following:
Upon the trustees making and recording a deed reconveying the
real property to the maker in the office of the clerk of the superior
court of the county where the land is located, the court.
(87) Said title is further amended by adding the word the
between or and clerk in the first sentence of subsection (a) and
the word the between or and clerk in subsection (b) of Code
Section 44-14-232, relating to summons; service on defendant; hear-
ing; and the debtors duty to notify a creditor of address changes.
(88) Said title is further amended by adding the word that
between indicating and the in the continuation of the introduc-
tory language following subparagraph (1)(B) in Code Section 44-14-
GEORGIA LAWS 1982 SESSION
111
234, relating to payment into court; issuance of writ; and possession
and disposition of property pending resolution.
(89) Said title is further amended by adding a comma following
the word counterclaim in the second sentence of Code Section 44-
14-267, relating to time for filing defenses.
(90) Said title is further amended by adding a comma following
the word paragraph in paragraph (5) of Code Section 44-14-340,
relating to lien for farming supplies, equipment, etc., furnished
tenant.
(91) Said title is further amended by deleting the comma follow-
ing the word on in Code Section 44-14-342, relating to priority and
date of general liens.
(92) Said title is further amended by deleting the semicolons and
inserting in lieu thereof commas following the words claimed and
thereto in subsection (a) of Code Section 44-14-407, relating to
livery stable keepers liens by describing and recording the amount
due.
(93) Said title is further amended by adding a comma following
the word depository in Code Section 44-14-411, relating to sale of
property at public auction.
(94) Said title is further amended by adding the word the
between which and goods in Code Section 44-14-454, relating to
publication of notice of sale.
(95) Said title is further amended by deleting the comma follow-
ing the word thereon in the first sentence of subsection (a) of Code
Section 44-14-473, relating to effect of covenant not to bring an
action, release, settlement, etc.
(96) Said title is further amended by deleting the comma follow-
ing the word check and inserting a comma between the words
order and shall in Code Section 44-14-516, relating to lien on
merchandise when stop payment is issued on a check used to pur-
chase merchandise or services.
(97) Said title is further amended by deleting acknowledge-
ment and inserting in lieu thereof acknowledgment in Code
112
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 44-14-572, relating to certification of notices of tax liens
before filing.
(98) Said title is further amended by deleting the comma between
the words that and where in Code Section 44-14-591, relating to
effect of failure to record petition, decree, or order as to bona fide
purchaser or lienor of real property.
(99) Said title is further amended by deleting the comma between
the word action and containing in Code Section 44-14-610,
relating to necessity of recordation for operation of lis pendens as to
real property.
(100) Said title is further amended by deleting or following
dockets; and by adding a semicolon between the words recording
and or in subsection (b) of Code Section 44-14-613, relating to
effect of Article 9 of Chapter 14 of Title 44 on other laws.
Section 45. Title 45 of the Official Code of Georgia Annotated,
relating to public officers and employees, is amended as follows:
(1) Said title is amended by adding the word not between
has and been in paragraph (7) of Code Section 45-2-1, relating to
persons ineligible to hold civil office.
(1.1) Said title is further amended by deleting the word office
and inserting in lieu thereof the word over in Code Section 45-2-4,
relating to the discharge of duties by public officers.
(2) Said title is amended by adding a comma before and after
per diem in Code Section 45-3-11, relating to persons required to
take a loyalty oath.
(3) Said title is further amended by adding a new Code section,
to be designated Code Section 45-7-28.1, to read as follows:
45-7-28.1. (a) The Department of Audits and Accounts and
the Office of Planning and Budget are authorized and directed to:
(1) Jointly develop and issue such rules and regulations
governing employee travel reimbursement that promote economy
and efficiency in state government and which treat employees
fairly and equitably; and
GEORGIA LAWS 1982 SESSION
113
(2) Review such rules and regulations at least annually and
revise them as necessary.
(b) The agencies, boards, and commissions of this state are
directed to adhere to the employee travel reimbursement rules and
regulations established by the Department of Audits and Accounts
and the Office of Planning and Budget unless granted an exception on
an individual basis for unusual circumstances by both of the issuing
agencies. The Department of Audits and Accounts is authorized and
directed to include in its annual audits of the financial accounts of the
state agencies, boards, and commissions any audit exception to such
established rules and regulations.
(4) Said title is further amended by deleting state preceding
Commission and inserting in lieu thereof State in Code Section
45-7-90, relating to the State Commission on Compensation.
(5) Said title is further amended by deleting Sections 45-9-20
and 45-9-21 and inserting in lieu thereof Section 45-9-20 or 45-9-
21 in Code Section 45-9-23, relating to waiver of immunity from
action.
(6) Said title is further amended by deleting Code Section 16-
13-31 and inserting in lieu thereof Code Section 16-13-30 or 16-13-
31 in subsection (b) of Code Section 45-12-37, relating to reward for
information leading to the arrest and conviction of a person selling
dangerous or narcotic drugs.
(7) Said title is further amended by deleting Sections 45-12-83
through 45-12-85 and inserting in lieu thereof Section 45-12-83 in
Code Section 45-12-82, relating to quarterly work programs to be
filed.
(8) Said title is further amended by deleting duces tecum in
subsection (b) of Code Section 45-15-17, relating to power of the
Attorney General to conduct investigations.
(9) Said title is further amended by deleting state court and
inserting in lieu thereof court of this state in subsection (a) of Code
Section 45-15-70, relating to the authority of the Governor to provide
counsel for public officials and agencies; by adding and this shall
include county registrars, preceding and when no regular counsel;
by deleting or bureau preceding by the Attorney General, and
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GENERAL ACTS AND RESOLUTIONS, VOL. I
inserting in lieu thereof bureau, or county registrar; and by adding
or county registrar following bureau and preceding the period at
the end of said subsection.
(10) Said title is further amended by deleting If, before and
inserting in lieu thereof If before in subsection (1) of Code Section
45-20-9, relating to procedure for conduct of hearings and appeals
relating to adverse personnel actions.
(11) Said title is further amended by deleting the comma follow-
ing merit system in subsection (a) of Code Section 45-20-10,
relating to submission and review of payrolls.
Section 46. Title 46 of the Official Code of Georgia Annotated,
relating to public utilities and public transportation, is amended as
follows:
(1) Said title is amended by deleting motor-propelled and
inserting in lieu thereof motor propelled in paragraphs (7) and (8)
and by deleting the comma between the words persons and or in
paragraph (8) of Code Section 46-1-1, relating to definitions relative
to Title 46.
(2) Said title is further amended by deleting the commas follow-
ing violates and company of in Code Section 46-2-93, relating to
criminal penalty; venue for actions; and calling of agents and employ-
ees of a company as witnesses.
(3) Said title is further amended by deleting the comma preced-
ing if and inserting a comma following if in paragraph (4) of Code
Section 46-3-3, relating to definitions concerning territorial electric
service.
(4) Said title is further amended by deleting the parentheses
around the language in Code Section 46-3-5, relating to assignment of
geographic areas within municipal limits as of March 29,1973.
(5) Said title is further amended by deleting the parentheses and
inserting commas around the language in paragraph (2) of Code
Section 46-3-6, relating to assignment, etc., of geographic areas
included within wholly new municipalities after March 29,1973.
GEORGIA LAWS 1982 SESSION
115
(6) Said title is further amended by deleting the comma follow-
ing the word including in Code Section 46-3-7, relating to assign-
ment, etc., of geographic areas annexed to municipalities after March
29,1973, and by deleting the parentheses around and by any other
secondary supplier whose lines are located at least partially within
300 feet thereof and or such other secondary supplier, if such be the
case in said Code section.
(7) Said title is further amended by deleting the parentheses
around the language in paragraph (1) and by adding a comma
following annexed in paragraph (1) of Code Section 46-3-9, relating
to limitation on power of electric membership corporations to furnish
service within municipalities.
(8) Said title is further amended by deleting calender follow-
ing the remainder of the in subsection (b) of Code Section 46-3-117,
relating to the manner of distribution of votes, and inserting in lieu
thereof calendar.
(9) Said title is further amended by deleting ; provided, that
and inserting in lieu thereof , provided that in subsection (a) of
Code Section 46-3-121, relating to annual meeting of the Municipal
Electric Authority of Georgia.
(10) Said title is further amended by deleting the comma
between provided and that in subsection (c) of Code Section 46-
3-143, relating to bond anticipation notes.
(11) Said title is further amended by deleting consititute and
inserting in lieu thereof constitute in the first sentence of subsec-
tion (b) of Code Section 46-3-145, relating to liability of members of
the Municipal Electric Authority of Georgia.
(12) Said title is further amended by adding with between
authority and respect in subsection (b) of Code Section 46-3-147,
relating to appointment of receiver for the Municipal Electric
Authority of Georgia for default on bonds.
(13) Said title is further amended by deleting the period and
inserting in lieu thereof a semicolon at the end of subparagraph
(a)(1)(D) of Code Section 46-3-148, relating to fixing, revising, and
collecting fees, tolls, and charges for use of projects.
116
GENERAL ACTS AND RESOLUTIONS, VOL. I
(14) Said title is further amended by deleting of following
outside of in subsection (a) and by deleting articles or incorpora-
tion and inserting in lieu thereof articles of incorporation in
subsection (b) of Code Section 46-3-298, relating to place, time, and
notice of directors meetings.
(15) Said title is further amended by deleting the comma follow-
ing 219 in subsection (e) of Code Section 46-4-57, relating to
exercise of the right of eminent domain by gas utilities.
(16) Said title is further amended by deleting the colon and
inserting in lieu thereof a semicolon following 46-5-2 in subpara-
graph (a)(1)(A) of Code Section 46-5-3, relating to making, possess-
ing, selling, allowing use of, publishing assembly plans for, etc.,
devices, equipment, or apparatus for committing theft of telecommu-
nications service or for concealing the origin or destination of any
telecommunication.
(17) Said title is further amended by deleting facilites and
inserting in lieu thereof facilities in the first sentence of subsection
(b) of Code Section 46-5-20, relating to judicial proceedings for
disconnection and removal of illegally used telephone facilities.
(18) Said title is further amended by deleting for a preceding
the word period in the form in Code Section 46-5-75, relating to
certificate of the Secretary of State.
(19) Said title is further amended by deleting acknowledge-
ments and inserting in lieu thereof acknowledgments in Code
Section 46-5-98, relating to taking of acknowledgments by officers
and trustees of cooperatives.
(20) Said title is further amended by deleting the period and
inserting in lieu thereof and at the end of paragraph (4) of Code
Section 46-7-55, relating to fees of the Public Service Commission for
motor contract carriers.
(21) Said title is further amended by deleting subpagraphs and
inserting in lieu thereof subparagraphs in subsection (e) of Code
Section 46-7-61, relating to requirements as to registration permits
for motor contract carriers.
GEORGIA LAWS 1982 SESSION
117
(22) Said title is further amended by deleting necessity and
convenience and inserting in lieu thereof convenience and neces-
sity in subsection (b) of Code Section 46-7-66, relating to mainte-
nance by carriers of records as to vehicle and trailer use.
(23) Said title is further amended by inserting a comma following
the word stock in subsection (d) of Code Section 46-8-45, relating to
payment of subscriptions for stock of railroad companies.
(24) Said title is further amended by adding a comma preceding
the word including, by deleting the parentheses around (including
attorneys fees), and by adding the word that between provided
and he in subsection (a) of Code Section 46-8-51, relating to
indemnification by a railroad corporation of directors, officers, etc.,
for legal expenses, judgments, fines, etc.; by deleting the parentheses
around (including attorneys fees) and inserting in lieu thereof
commas in subsections (b) and (c); by adding a comma between
action and provided in subsection (b); and by deleting the
parentheses around (unless ordered by a court) and inserting in lieu
thereof commas in subsection (d) of said Code section.
(25) Said title is further amended by deleting commission and
inserting in lieu thereof Public Service Commission in paragraph
(5) of subsection (a) of Code Section 46-8-73, relating to contents of
petition for dissolution of a railroad corporation.
(26) Said title is further amended by deleting the word commis-
sion and inserting in lieu thereof Public Service Commission in
Code Section 46-8-75, relating to transfer of a copy of a petition for
dissolution of a railroad from the Secretary of State to the Public
Service Commission.
(27) Said title is further amended by deleting the word commis-
sion in the first sentence and inserting in lieu thereof Public Service
Commission and by deleting commission in the last sentence and
inserting in lieu thereof Public Service Commission, in Code Sec-
tion 46-8-78, relating to the order of the Secretary of State accepting
surrender of the charter and franchises and dissolving the corpora-
tion.
(28) Said title is further amended by deleting the comma follow-
ing embankments in paragraph (4) of Code Section 46-8-100,
relating to general powers of a railroad company.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(29) Said title is further amended by deleting the word other
preceding vessels in Code Section 46-8-102, relating to construction
and operation of vessels by railroad companies.
(30) Said title is further amended by deleting commission and
inserting in lieu thereof Public Service Commission in subsections
(a) and (b) of Code Section 46-8-128, relating to obstructions located
at railroad highway crossings.
(31) Said title is further amended by deleting Public Service
preceding commission in subsection (c) of Code Section 46-8-171,
relating to equipping track motor cars with headlights and red rear
lights.
(32) Said title is further amended by deleting commission and
inserting in lieu thereof Public Service Commission in subsection
(a) of Code Section 46-8-196, relating to duty of the Public Service
Commission to designate and require use of standard signs to indicate
highway crossings.
(33) Said title is further amended by adding a comma following
federal law and by deleting during the preceding week in Code
Section 46-8-211, relating to report by track and section foremen as to
livestock killed.
(34) Said title is further amended by adding a comma following
surburban in the first sentence of Code Section 46-8-340, relating
to free transportation for policemen, firemen, etc., by street, subur-
ban, and interurban railroad companies, and by correcting the
spelling of surburban to suburban in the first sentence of said
Code section.
(35) Said title is further amended by deleting accured and
inserting in lieu thereof accrued in Code Section 46-9-5, relating to
limitation of actions by common carriers for recovery of charges.
(36) Said title is further amended by deleting the comma follow-
ing the word penalties in Code Section 46-9-250, relating to
demand, receipt, etc., by railroad companies of more than a fair and
reasonable rate for transportation of passengers or freight or for
transportation of railroad cars.
GEORGIA LAWS 1982 SESSION
119
(37) Said title is further amended by deleting consumer and
inserting in lieu thereof consumers in subsection (b) of Code
Section 46-10-3, relating to creation of the office of Consumers
Utility Counsel.
Section 47. Title 47 of the Official Code of Georgia Anno-
tated, relating to retirement and pensions, is amended as
follows:
(1) Said title is amended by deleting consideraton and insert-
ing in lieu thereof consideration in the third sentence of subsection
(d) of Code Section 47-1-3, relating to power of a local retirement
system to obtain the services of an actuary.
(2) Said title is further amended by deleting the chapter and
inserting in lieu thereof this chapter in paragraph (10) of Code
Section 47-2-1, relating to definitions relative to the Employees
Retirement System of Georgia; by deleting Employees and insert-
ing in lieu thereof Employees in paragraph (14); and by deleting
survivors and inserting in lieu thereof survivors in paragraph
(19) of said Code section.
(3) Said title is further amended by deleting shall be and
inserting in lieu thereof was in paragraph (4) of subsection (b) of
Code Section 47-2-21, relating to power and duty of the board of
trustees to administer and operate the Employees Retirement
System of Georgia; by deleting ; provided, that and inserting in lieu
thereof , provided that and by deleting one shall serve and
inserting in lieu thereof one served in paragraph (5); and by
deleting shall be following term and inserting in lieu thereof
was in paragraph (6) of said subsection.
(4) Said title is further amended by deleting ; provided, that
and inserting in lieu thereof , provided that in subsection (h) of
Code Section 47-2-54, relating to payment of employee contributions
on behalf of employees.
(5) Said title is further amended by adding and following
paragraph (2) of subsection (e) of Code Section 47-2-96, relating to
prior service credit and payments required to obtain such credit.
(6) Said title is further amended by deleting the comma follow-
ing tax official and by deleting fulltime and inserting in lieu
thereof full-time in subsection (b) of Code Section 47-2-97, relating
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GENERAL ACTS AND RESOLUTIONS, VOL. I
to applicability of creditable service obtained under Code Section 47-
2-93 or subsection (b) of Code Section 47-2-96 toward involuntary
separation benefits.
(7) Said title is further amended by deleting who following
(4) in Code Section 47-2-142, relating to credit for prior service
rendered by certain persons who were members as of January 1,1973,
and who were transferred under loan to a federal agency or who
resigned or took a leave of absence to serve overseas with a Red Cross
organization during World War II; by deleting the semicolon follow-
ing II and preceding and; and by deleting the comma following
employer in said Code section.
(8) Said title is further amended by deleting on or after and
inserting in lieu thereof during or after in Code Section 47-2-163,
relating to eligibility for survivors benefits coverage of persons who
are members of the General Assembly during or after January, 1962.
(9) Said title is further amended by adding a comma between
Georgia and provided in subsection (a) of Code Section 47-2-181,
relating to transfer of service credits and contributions from the
Teachers Retirement System of Georgia to the Employees Retire-
ment System of Georgia.
(10) Said title is further amended by deleting the commas
following Rehabilitation and department in subsection (e) of
Code Section 47-2-220, relating to membership of employees of the
Department of Offender Rehabilitation.
(11) Said title is further amended by deleting Code Section 47-2-
221, relating to disability allowances payable to members of the
Uniform Division of the Department of Public Safety, and inserting
in lieu thereof the following:
47-2-221. (a) (1) Notwithstanding the disability allowance
provided for in Code Section 47-2-123, any member of the Uni-
form Division of the Department of Public Safety, any conserva-
tion ranger of the Department of Natural Resources, any officer or
agent of the Georgia Bureau of Investigation, and any alcohol and
tobacco officer or agent of the Department of Revenue who, while
a contributing member of this retirement system and upon becom-
ing permanently disabled due to an act of external violence or
injury incurred in line of duty, becomes eligible for disability
GEORGIA LAWS 1982 SESSION
121
retirement allowances shall, after a medical examination and upon
certification by the medical board that such member is, in their
opinion, permanently disabled, be entitled to a monthly allowance
as computed on the members life expectancy without option.
Such monthly allowance as shall be payable to the member only,
during his life or length of disability, shall not exceed 80 percent of
the service allowance that would have been payable to the member
had he accumulated not more than 30 years of creditable service
and had retired at age 65. Such allowance shall be computed on
the basis of the members monthly earnable compensation for the
month in which his permanent disability occurred. Such perma-
nent disability retirement shall apply regardless of the length of
service of any such member; and such member shall be deemed to
have acquired 30 or more years of creditable service. In addition, a
member so disabled in the line of duty shall receive a monthly
supplemental benefit which shall be in the amount of $5.00 per
month for each year of creditable service as a member of the
Uniform Division of the Department of Public Safety, conserva-
tion ranger of the Department of Natural Resources, alcohol and
tobacco officer or agent of the Department of Revenue, or as an
officer or agent of the Georgia Bureau of Investigation. Such
additional monthly supplemental benefit shall in no event exceed
$150.00 per month. Any other provision of law to the contrary
notwithstanding, any member of the Uniform Division of the
Department of Public Safety who retired prior to July 1,1970, as a
result of becoming permanently disabled due to an act of external
violence or injury incurred in the line of duty and who was a
member of the retirement system on the date of the injury or act of
violence shall be entitled to and shall receive the monthly supple-
mental benefit provided for in this subsection.
(2) In lieu of the foregoing, any member so disabled in the
line of duty shall be entitled to receive a minimum monthly
disability retirement benefit equal to 2 percent of his monthly
earnable compensation for the month in which his permanent
disability occurred for each year of creditable service determined
as though he had continued in service in the Uniform Division of
the Department of Public Safety, as a conservation ranger of the
Department of Natural Resources, as an alcohol and tobacco
officer or agent of the Department of Revenue, or as an officer or
agent of the Georgia Bureau of Investigation until his mandatory
retirement age.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) (1) Notwithstanding the disability allowance provided for
in Code Section 47-2-123, any employee of the Department of
Natural Resources appointed as a deputy conservation ranger
under Code Section 27-1-17 who, while a contributing member of
this retirement system and upon becoming permanently disabled
due to an act of external violence or injury incurred in the line of
law enforcement duty, becomes eligible for disability retirement
allowances shall, after a medical examination and upon certifica-
tion by the medical board that such member is, in their opinion,
permanently disabled, be entitled to a monthly allowance as
computed on the members life expectancy without option. Such
monthly allowance as shall be payable to the member only, during
his life or length of disability, shall not exceed 80 percent of the
service allowance that would have been payable to the member
had he accumulated not more than 30 years of creditable service
and had retired at age 65. Such allowance shall be computed on
the basis of the members monthly earnable compensation for the
month in which his permanent disability occurred. Such perma-
nent disability retirement shall apply regardless of the length of
service of any such member; and such member shall be deemed to
have acquired 30 or more years of creditable service. In addition, a
member so disabled in the line of law enforcement duty shall
receive a monthly supplemental benefit which shall be in the
amount of $5.00 per month for each year of creditable service as an
employee of the Department of Natural Resources who has been
appointed as a deputy conservation ranger under Code Section 27-
1-17. Such additional monthly supplemental benefit shall in no
event exceed $150.00 per month.
(2) In lieu of the foregoing, any member so disabled in the
line of law enforcement duty shall be entitled to receive a mini-
mum monthly disability retirement benefit equal to 2 percent of
his monthly earnable compensation for the month in which his
permanent disability occurred for each year of creditable service
determined as though he had continued in service as a deputy
conservation ranger until his mandatory retirement age.
(12) Said title is further amended by deleting member of the
Uniformed Division of Conservation Rangers of the Department of
Natural Resources, hereinafter in this Code section referred to as the
Uniformed Division, and inserting in lieu thereof conservation
ranger of the Department of Natural Resources, in subsection (b) of
Code Section 47-2-224, relating to mandatory retirement age and
GEORGIA LAWS 1982 SESSION
123
monthly retirement benefits for conservation rangers of the Depart-
ment of Natural Resources, alcohol and tobacco officers and agents of
the Department of Revenue, and officers and agents of the Special
Investigations Unit of the Department of Revenue; by deleting pro-
vided, that and inserting in lieu thereof provided that, in subsec-
tion (c); by deleting members of the Uniformed Division and
inserting in lieu thereof conservation rangers in subsection (e)
twice; and by deleting member of the Uniformed Division and
inserting in lieu thereof conservation ranger in subsection (f) of
said Code section.
(13) Said title is further amended by adding quotation marks
preceding employees, in the first sentence of subsection (b) of
Code Section 47-2-262, relating to membership of assistant district
attorneys and employees of the Prosecuting Attorneys Council in the
Employees Retirement System of Georgia.
(14) Said title is further amended by adding Subsection (b) of
at the beginning of subsection (c) preceding Code in Code Section
47-2-290, relating to merit system of personnel administration for
judges, solicitors, and other employees of the state courts.
(15) Said title is further amended by deleting becomes and
inserting in lieu thereof became and by deleting the comma follow-
ing system in the first sentence of Code Section 47-2-311, relating
to credit for service rendered by persons who were formerly employed
by the Georgia Warm Springs Foundation.
(16) Said title is further amended by deleting the comma follow-
ing the word commissions in the first sentence of subsection (a) of
Code Section 47-2-312, relating to a merit system of personnel
administration for employees of the Georgia Agricultural Commodity
Commissions.
(17) Said title is further amended by adding quotation marks
around Teachers Retirement System of Georgia and by adding a
comma following Georgia in Code Section 47-3-20, relating to
creation of the Teachers Retirement System of Georgia.
(18) Said title is further amended by deleting perfrom and
inserting in lieu thereof perform in subsection (a) of Code Section
47-3-23, relating to designation of an actuary for the Board of
Trustees of the Teachers Retirement System of Georgia.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(19) Said title is further amended by deleting the comma follow-
ing the word chapter in Code Section 47-3-25, relating to designa-
tion of a medical board.
(20) Said title is further amended by deleting contribution and
inserting in lieu thereof contributions in paragraph (4) of Code
Section 47-3-43, relating to purpose of the pension accumulation
fund.
(21) Said title is further amended by deleting ; provided that
and inserting in lieu thereof provided that in subsection (b) of
Code Section 47-3-63, relating to membership of full-time public
school lunchroom, maintenance, or warehouse managers or supervi-
sors.
(22) Said title is further amended by deleting provided, that
and inserting in lieu thereof , provided that in Code Section 47-3-
64, relating to public school teachers and employees who are covered
by a retirement fund maintained by a city, county, or independent
school district and who accept employment with private nonsectarian
schools which are eligible for state grants.
(23) Said title is further amended by adding ; provided, further,
that between system and for in subsection (b) of Code Section
47-3-85, relating to credit for service rendered by a former member of
the Employees Retirement System of Georgia who withdrew his
contributions from that retirement system.
(24) Said title is further amended by adding or following
1943, in subsection (a) of Code Section 47-3-86, relating to issuance
of a prior service certificate.
(25) Said title is further amended by adding percent following
3/4 in paragraph (2) of subsection (a) of Code Section 47-3-120,
relating to allowance on service retirement, and by adding at the end
of subsection (a) the following:
The minimum allowance to be received by any member upon
retirement shall not be less than $12.00 per month for each year of
creditable service, not to exceed 40 years of creditable service.
(26) Said title is further amended by inserting of following In
the case in subsection (b) of Code Section 47-3-120, relating to
allowances on service retirement to the Teachers Retirement System
of Georgia.
GEORGIA LAWS 1982 SESSION
125
(27) Said title is further amended by adding subsection (a) of
following the first set forth in and subsection (b) of following the
second set forth in in paragraph (2) of subsection (c) of Code
Section 47-3-122, relating to eligibility and application for disability
benefits.
(28) Said title is further amended by deleting schoolteacher
and inserting in lieu thereof school teacher four times and by
deleting schoolteachers and inserting in lieu thereof school teach-
ers wherever such terms appear in Code Section 47-3-124, relating to
application of minimum retirement allowances to persons who retired
pursuant to county, municipal, or local board of education retirement
or pension systems.
(29) Said title is further amended by deleting 47-3-120 and
inserting in lieu thereof 47-3-126 and by deleting schoolteacher
and inserting in lieu thereof school teacher one time and by
deleting schoolteachers and inserting in lieu thereof school teach-
ers four times in Code Section 47-3-125, relating to application of
increases in retirement benefits to persons who retired pursuant to
county, municipal, or local board of education retirement or pension
systems.
(30) Said title is further amended by deleting the comma follow-
ing the word board and inserting in lieu thereof a semicolon in the
first sentence in subsection (b) of Code Section 47-4-60, relating to
employee and employer contributions to the Public School Employ-
ees Retirement System.
(31) Said title is further amended by deleting Assmebly and
inserting in lieu thereof Assembly in the fourth sentence in subsec-
tion (b) of Code Section 47-4-101, relating to retirement benefits
under the Public School Employees Retirement System.
(32) Said title is further amended by adding on the presenta-
tion following opinion in the first sentence in subsection (d) of
Code Section 47-5-30, relating to periodic audit of the accounts of the
Board of Trustees of the Joint Municipal Employees Retirement
System.
(33) Said title is further amended by deleting Code section and
inserting in lieu thereof chapter in subsection (a) of Code Section
47-5-41, relating to power of the Board of Trustees of the Joint
126
GENERAL ACTS AND RESOLUTIONS, VOL. I
Municipal Employees Retirement System to establish a retirement
plan for the Jointly Owned Natural Gas Transmission Line.
(34) Said title is further amended by deleting Code section and
inserting in lieu thereof chapter in subsection (a) of Code Section
47-5-43, relating to power of multicounty planning and development
commissions to establish retirement plans.
(35) Said title is further amended by deleting Code section and
inserting in lieu thereof chapter in subsection (a) of Code Section
47-5-44, relating to power of the Emergency Management Division of
the State Department of Defense to establish retirement plans for
employees of local emergency management organizations.
(36) Said title is further amended by deleting Code section and
inserting in lieu thereof chapter in subsection (a) of Code Section
47-5-45, relating to power of municipal authorities to establish retire-
ment plans or to join plans operated by member municipalities.
(37) Said title is further amended by deleting Code section and
inserting in lieu thereof chapter in subsection (a) of Code Section
47-5-46, relating to power of the Board of Trustees of the Joint
Municipal Employees Retirement System to establish a retirement
plan for the Georgia Municipal Association.
(38) Said title is further amended by deleting which and insert-
ing in lieu thereof whom in paragraph (2) of subsection (a) of Code
Section 47-7-100, relating to eligibility for full pension benefits from
the Georgia Firemens Pension Fund; by deleting Code section and
inserting in lieu thereof subsection in subsection (b); by deleting
(a) and inserting in lieu thereof (b) in subsection (c); by deleting
(a) or (b) and inserting in lieu thereof (b) or (c) in subsection (d);
by deleting (a) or (b) and inserting in lieu thereof (b) or (c) in the
last sentence of subsection (d); and by deleting (a) or (b) and
inserting in lieu thereof (b) or (c) in subsection (e) of said Code
section.
(39) Said title is further amended by deleting the comma follow-
ing fund in subsection (c) of Code Section 47-7-102, relating to
eligibility for disability benefits for injuries received while performing
duties as a fireman or volunteer fireman; and by deleting the word
Officer and inserting in lieu thereof Office and deleting thereto
at the end of paragraph (1) of subsection (f) of said Code section.
GEORGIA LAWS 1982 SESSION
127
(40) Said title is further amended by adding a comma following
of the board in the first sentence of Code Section 47-7-120, relating
to reduction of benefits upon determination that available moneys
are insufficient.
(41) Said title is further amended by deleting the superior and
inserting in lieu thereof a superior twice in subsection (b) of Code
Section 47-8-20, relating to membership in the Superior Court Judges
Retirement Fund of Georgia.
(42) Said title is further amended by deleting nineteeth and
inserting in lieu thereof nineteenth in the first sentence and by
deleting ; provided, that and inserting in lieu thereof , provided
that in the last sentence in subsection (a) of Code Section 47-8-40,
relating to eligibility for appointment to the office of senior judge; by
deleting ; provided, that and inserting in lieu thereof , provided
that in subsection (d); and by deleting the comma following Any
former judge of a superior court in subsection (e) of said Code
section.
(43) Said title is further amended by adding a comma following
superior courts in subsection (a) of Code Section 47-8-41, relating
to eligibility for appointment as a senior judge or retirement.
(44) Said title is further amended by deleting the comma follow-
ing the words under this chapter in subsection (a) of Code Section
47-8-66, relating to suspension of appointment to the office of senior
judge while eligible for or holding an office of profit or trust under the
Constitution of the United States or the Constitution of Georgia.
(45) Said title is further amended by adding a comma between
none and his in Code Section 47-8-69, relating to withdrawal of
payments to the Superior Court Judges Retirement Fund of Georgia
by superior court judges who have been disqualified or resigned from
office.
(46) Said title is further amended by adding the word begin-
ning following courts, and by deleting the comma following
courts, in the first sentence of subsection (a) of Code Section 47-9-
60, relating to creation of the office of senior judge of the superior
courts.
128
GENERAL ACTS AND RESOLUTIONS, VOL. I
(47) Said title is further amended by adding a semicolon between
married and and, in subsection (i) of Code Section 47-9-73,
relating to spouses benefits coverage.
(48) Said title is further amended by deleting the comma follow-
ing bequest in Code Section 47-10-24, relating to power of the
Board of Trustees of the Trial Judges and Solicitors Retirement Fund
to take, hold, and invest gifts, grants, or bequests.
(49) Said title is further amended by deleting No and inserting
in lieu thereof Any in the last sentence of subsection (c) and by
deleting the following members of the in subsection (d) of Code
Section 47-10-40, relating to membership in the Trial Judges and
Solicitors Retirement Fund.
(50) Said title is further amended by deleting 47-10-80 and 47-
10-100 and inserting in lieu thereof 47-10-100 and 47-10-101 in
Code Section 47-10-41, relating to effect of transfer from one covered
position or office to another.
(51) Said title is further amended by deleting the comma follow-
ing compensation in subsection (b) of Code Section 47-10-100,
relating to retirement age.
(52) Said title is further amended by deleting or and inserting
in lieu thereof a comma following $500.00 in subsection (a) of Code
Section 47-10-121, relating to attempts to defraud the Trial Judges
and Solicitors Retirement Fund by means of false statements or
falsified records.
(53) Said title is further amended by deleting Probate Court
and inserting in lieu thereof probate court twice in subsection (c) of
Code Section 47-11-20, relating to creation and membership of the
Board of Commissioners of the Judges of the Probate Courts Retire-
ment Fund of Georgia.
(54) Said title is further amended by deleting in the fund and
inserting in lieu thereof in the retirement system in subsection (b)
of Code Section 47-11-21, relating to creation of the office of secre-
tary-treasurer.
(55) Said title is further amended by adding a comma between
agents and including in subsection (c) of Code Section 47-11-23,
relating to control of funds provided for in Chapter 11 of Title 47.
GEORGIA LAWS 1982 SESSION
129
(56) Said title is further amended by deleting subsections (b)
through (h) and inserting in lieu thereof paragraphs (2) through
(9) in the second paragraph of the introductory language of Code
Section 47-11-40, relating to membership in the Judges of the Probate
Courts Retirement Fund of Georgia.
(57) Said title is further amended by adding a comma following
provided and preceding further in subsection (b) of Code Section
47-11-70, relating to eligibility and application for retirement bene-
fits; by deleting the comma following probate court who; and by
deleting may have severed prior to July 1, 1976, and inserting in
lieu thereof prior to July 1,1976, may have severed in said subsec-
tion.
(58) Said title is further amended by deleting set and inserting
in lieu thereof net following average monthly in subsection (a) of
Code Section 47-11-71, relating to amount of retirement benefits.
(59) Said title is further amended by deleting of either and
inserting in lieu thereof either of in the first sentence of subsection
(a) of Code Section 47-12-43, relating to manner of deduction of
payments to the District Attorneys Retirement Fund of Georgia.
(60) Said title is further amended by deleting other and insert-
ing in lieu thereof otherwise in the first sentence of Code Section
47-12-60, relating to eligibility for retirement from the office of
district attorney and appointment to the office of district attorney
emeritus.
(61) Said title is further amended by deleting set forth under
subsection (c) of Code Section 47-12-41 and inserting in lieu thereof
provided for by this chapter in Code Section 47-12-61, relating to
credit for service rendered as a judge of a city court from which
appeals can be taken directly to the Court of Appeals.
(62) Said title is further amended by deleting States or of and
inserting in lieu thereof States or in subsection (b) of Code Section
47-12-82, relating to salary for district attorneys emeritus.
(63) Said title is further amended by adding and at the end of
paragraph (9) of subsection (a) of Code Section 47-13-22, relating to
powers and duties of the Board of Trustees of the District Attorneys
Retirement System.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(64) Said title is further amended by deleting 47-2-51 and
inserting in lieu thereof 47-2-54 in subsection (d) of Code Section
47-13-50, relating to the basis for employee contributions.
(65) Said title is further amended by deleting board of trustees
and inserting in lieu thereof Board of Trustees and by deleting
Board of Trustees and inserting in lieu thereof board of trustees
in Code Section 47-13-60, relating to transfer of service credits and
employee and employer contributions from the Trial Judges and
Solicitors Retirement Fund.
(66) Said title is further amended by deleting and, in and
inserting in lieu thereof , and in in subsection (c) of Code Section
47-14-23, relating to the power of the Board of Commissioners of the
Superior Court Clerks Retirement Fund of Georgia to control,
expend, and invest funds under the retirement fund.
(67) Said title is further amended by adding a new subsection (d)
to Code Section 47-14-40, relating to application for membership in
the Superior Court Clerks Retirement Fund of Georgia, to read as
follows:
(d) No payments shall be made to the board earlier than for the
month of April, 1952.
(68) Said title is further amended by adding a comma between
retirement and may in the first sentence of subsection (c) of Code
Section 47-14-70, relating to eligibility for retirement benefits.
(69) Said title is further amended by deleting Reitrement and
inserting in lieu thereof Retirement in paragraph (1) and by
deleting the semicolons at the end of paragraphs (1) and (2) and
inserting in lieu thereof periods in Code Section 47-16-1, relating to
definitions relative to the Sheriffs Retirement Fund of Georgia.
(70) Said title is further amended by deleting Association of
County Commissioners and inserting in lieu thereof Association
County Commissioners of Georgia in subsection (a) of Code Section
47-16-21, relating to membership of the Board of Commissioners of
the Sheriffs Retirement Fund of Georgia, and by adding a comma
following 1982 in subsection (b) of said Code section.
GEORGIA LAWS 1982 SESSION
131
(71) Said title is further amended by deleting ; provided and
inserting in lieu thereof provided in subsection (b) of Code Section
47-16-44, relating to removal from active membership rolls upon
cessation of services as a sheriff, failure to pay membership dues, etc.
(72) Said title is further amended by deleting Section and
inserting in lieu thereof section following of this Code in subsec-
tion (a) of Code Section 47-16-81, relating to credit for prior service as
a sheriff, member of the armed forces of the United States, or peace
officer after previous waiver of claim for such credit.
(73) Said title is further amended by deleting transporation
and inserting in lieu thereof transportation and by deleting ;
provided and inserting in lieu thereof , provided in subparagraph
(5)(F) of Code Section 47-17-1, relating to definitions relative to the
Peace Officers Annuity and Benefit Fund.
(74) Said title is further amended by deleting retirement pre-
ceding fund in subsection (b) of Code Section 47-17-40, relating to
application for membership in the Peace Officers Annuity and
Benefit Fund.
(75) Said title is further amended by deleting joint and insert-
ing in lieu thereof join in Code Section 47-17-42, relating to
membership of peace officers blinded in the line of duty before
creation of the Peace Officers Annuity and Benefit Fund.
(76) Said title is further amended by inserting a comma following
States in the second sentence of subsection (b) of Code Section 47-
17-70, relating to prior service credit for members who first apply for
membership on or after May 1,1968.
(77) Said title is further amended by deleting provided, that
and inserting in lieu thereof , provided that in subsection (a) of
Code Section 47-17-81, relating to eligibility for disability benefits,
and by adding a comma after March 23, 1977 in subsection (c) of
said Code section.
(78) Said title is further amended by adding a comma between
that and if in subsection (b) of Code Section 47-17-82, relating to
designation of beneficiary to receive survivors benefits.
132
GENERAL ACTS AND RESOLUTIONS, VOL. I
(79) Said title is further amended by deleting the comma follow-
ing payable in Code Section 47-17-102, relating to reduction of
benefits upon determination that available funds are insufficient.
(80) Said title is further amended by adding a semicolon between
itself and to in Code Section 47-17-103, relating to exemption of
rights, benefits, and moneys under Chapter 17 of Title 47 from
taxation.
(81) Said title is further amended by deleting the comma follow-
ing 47-17-60 in Code Section 47-17-104, relating to attempts to
defraud the Peace Officers Annuity and Benefit Fund by false
information.
(82) Said title is further amended by deleting the comma follow-
ing Georgia in subsection (e) of Code Section 47-18-40, relating to
agreement between the state and the federal government with regard
to providing old-age, survivors, and disability protection to employ-
ees of the state and its political subdivisions.
(83) Said title is further amended by deleting (a) and inserting
in lieu thereof (c) in paragraph (3) of subsection (a) of Code Section
47-18-41, relating to submission of plans for old-age, survivors, and
disability insurance coverage to the state agency by political subdivi-
sions of the state; by adding or between area board of education,
and incorporated in subsection (d); by deleting town or incorpo-
rated city, and inserting in lieu thereof municipality in said
subsection; by adding a semicolon following failure in said subsec-
tion; by deleting the comma following allotted to such board of
education in said subsection; by deleting , town or city and
inserting in lieu thereof or municipality in said subsection; and by
adding director of the preceding Fiscal Division three times in
subsection (e) of said Code section.
(84) Said title is further amended by deleting the apostrophe
following Attorneys in Code Section 47-18-43, relating to a referen-
dum on the question of coverage of positions covered by Chapter 12 of
Title 47.
(85) Said title is further amended by adding a comma following
position in subsection (a) of Code Section 47-19-9, relating to
application of the State Merit System of Personnel Administration to
employees of the State Employees Assurance Department.
GEORGIA LAWS 1982 SESSION
133
Section 48. Title 48 of the Official Code of Georgia Annotated,
relating to revenue and taxation, is amended as follows:
(1) Said title is amended by deleting Division and inserting in
lieu thereof division in paragraph (10) of Code Section 48-1-2,
relating to definitions relative to revenue and taxation.
(2) Said title is amended by deleting Fiscal Division and
inserting in lieu thereof fiscal division in Code Section 48-2-17,
relating to payment of taxes to the fiscal division.
(3) Said title is further amended by deleting the comma follow-
ing that in Code Section 48-2-41, relating to the authority of the
state revenue commissioner to waive interest on unpaid taxes.
(4) Said title is further amended by deleting Fiscal Division
and inserting in lieu thereof fiscal division in Code Section 48-2-82,
relating to seizure of contraband articles.
(5) Said title is further amended by deleting and following
barred on and in the notice in subsection (a) of Code Section 48-4-
46, relating to the form of notice of foreclosure of the right to redeem
in tax sales.
(6) Said title is further amended by deleting unforseen and
inserting in lieu thereof unforeseen in paragraph (2) of subsection
(b) of Code Section 48-5-126.1, relating to training classes for county
tax collectors and tax commissioners.
(7) Said title is further amended by closing the parenthesis after
10 in paragraph (10) of subsection (a) of Code Section 48-5-127,
relating to duties of tax collectors.
(8) Said title is further amended by deleting a following basis
to be in subsection (e) of Code Section 48-5-180, relating to commis-
sions of tax receivers and tax collectors.
(9) Said title is further amended by deleting the comma follow-
ing 48-5-271 in subsection (b) of Code Section 48-5-24, relating to
payment of taxes to the county in which returns are made.
(10) Said title is further amended by deleting shall following
donors in subsection (d) of Code Section 48-5-41, relating to
property exempt from taxation.
134
GENERAL ACTS AND RESOLUTIONS, VOL. I
(11) Said title is further amended by renumbering subsection (c)
of Code Section 48-5-45, relating to application for homestead exemp-
tion, as subsection (d) and inserting a new subsection (c) in said Code
section, to read as follows:
(c) In all counties having a population of not less than 34,000
nor more than 34,500 according to the United States decennial census
of 1970 or any future such census, the written application and
schedule required in subsection (a) of this Code section shall be filed
on or before March 1 of the year in which exemption from taxation is
sought.
(12) Said title is further amended by deleting the last sentence
of subsection (a) of Code Section 48-5-79, relating to prepayment of
deferred property taxes and accrued interest, which reads as follows:
Any payment made under paragraph (2) of this subsection 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 Code Section 48-6-74 while the funds are held in
escrow.,
and by inserting at the end of paragraph (2) of subsection (a) the
following:
Any payment made under this paragraph 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
Code Section 48-6-74 while the funds are held in escrow.
(13) Said title is further amended by deleting Fiscal Division
and inserting in lieu thereof fiscal division in Code Section 48-5-
131, relating to retention of a copy of the insolvent list by the county
governing authority.
(14) Said title is further amended by deleting the comma and
inserting in lieu thereof a semicolon following the word order in
paragraph (3) of subsection (a) of Code Section 48-5-146, relating to
receipt of checks or money orders by a tax commissioner or tax
collector.
(15) Said title is further amended by deleting Fiscal Division
and inserting in lieu thereof fiscal division in subsection (b) of Code
GEORGIA LAWS 1982 SESSION
135
Section 48-5-304, relating to approval of tax digests when assessments
are in arbitration or on appeal.
(16) Said title is further amended by deleting Fiscal Division
and inserting in lieu thereof fiscal division twice in subsection (b) of
Code Section 48-5-330, relating to aid by the state revenue commis-
sioner to counties for programs of valuation and equalization of
assessments.
(16.1) Said title is further amended by adding .00 following
the symbol and figure $24,000 in paragraph (3) of subsection (a) of
Code Section 48-5-447, relating to compensation of tax collectors and
tax commissioners for collecting taxes.
(17) Said title is further amended by deleting law enforcement
and inserting in lieu thereof lawful in subsection (b) of Code
Section 48-5-512, relating to issuance of executions against public
utilities failing to file returns with the state revenue commissioner.
(18) Said title is further amended by deleting the comma follow-
ing losses in the first sentence of paragraph (3) of subsection (b) of
Code Section 48-7-21, relating to taxation of corporations.
(19) Said title is further amended by deleting the comma follow-
ing to in paragraph (1) of subsection (a) of Code Section 48-7-26,
relating to definitions relative to income tax exemptions.
(20) Said title is further amended by deleting either following
then in paragraph (1) of subsection (a) of Code Section 48-7-27,
relating to taxable net income, and by deleting subsection (m) of
Code Section 92-3109 in paragraph (4) of subsection (b) and insert-
ing in lieu thereof the following:
Ga. L. 1931, Ex. Sess., p. 24, Section 11 (as amended by Ga. L.
1952, p. 405, Section 10-A; Ga. L. 1953, Jan.-Feb. Sess., p. 279,
Sections 1-3; Ga. L. 1953, Nov.-Dee. Sess., p. 316, Section 1; and
Ga. L. 1961, p. 565, Section 3; repealed by Ga. L. 1971, p. 605,
Section 6).
(21) Said title is further amended by deleting tenative and
inserting in lieu thereof tentative in the third sentence of subsec-
tion (a) of Code Section 48-7-56, relating to the time and place of
filing income tax returns.
136
GENERAL ACTS AND RESOLUTIONS, VOL. I
(22) Said title is further amended by deleting the semicolon and
inserting in lieu thereof a comma following the word purposes in
subsection (c) of Code Section 48-7-60, relating to confidentiality of
tax information, and by deleting the semicolon and inserting in lieu
thereof a comma following the word equipment in subsection (d) of
said Code section.
(23) Said title is further amended by deleting subsquent and
inserting in lieu thereof subsequent in the second sentence of
subsection (b) of Code Section 48-7-104, relating to quarterly adjust-
ments for incorrect withholdings or payments of income taxes.
(24) Said title is further amended by adding the word or
following the semicolon at the end of division (6)(G) (viii) of Code
Section 48-8-2, relating to definitions relative to state sales and use
taxes.
(25) Said title is further amended by deleting the comma follow-
ing 48-8-36 in subsection (b) of Code Section 48-8-37, relating to
violation of Code Section 48-8-36.
(26) Said title is further amended by deleting of this state in
Code Section 48-8-93, relating to nonimposition of the joint county
and municipal sales and use tax on property ordered by and delivered
to a purchaser outside the special district.
(27) Said title is further amended by deleting Fiscal Division
and inserting in lieu thereof fiscal division in paragraph (1) of
subsection (a) of Code Section 48-9-10, relating to refunds of motor
fuel taxes.
(28) Said title is further amended by deleting Fiscal Division
and inserting in lieu thereof fiscal division in subsection (e) of Code
Section 48-9-36, relating to refunds of motor fuel taxes to motor
carriers.
(29) Said title is further amended by deleting respresentative
and inserting in lieu thereof representative in the last sentence of
Code Section 48-9-42, relating to the Secretary of State as the agent of
nonresident motor carriers for service of process on notice.
(30) Said title is further amended by deleting the period following
the figure 375.00 at the end of division (3)(A)(ix) of Code Section
GEORGIA LAWS 1982 SESSION
137
48-10-2, relating to annual license fees for operation of vehicles; and
by deleting the period at the end of paragraph (14) of said Code
section and inserting in lieu thereof a semicolon.
(31) Said title is further amended by adding but following
Code section, in subsection (c) of Code Section 48-10-3, relating to
registration and licensing of makers and dealers of motor vehicles,
and by deleting the word such following the in said subsection.
(32) Said title is further amended by deleting commisioner and
inserting in lieu thereof commissioner in paragraph (1) of subsec-
tion (a) of Code Section 48-11-5, relating to licensing of nonresident
cigar and cigarette distributors.
(33) Said title is further amended by deleting Fiscal Division
and inserting in lieu thereof fiscal division in subsection (b) of Code
Section 48-11-9, relating to seizure as contraband of unstamped cigars
and cigarettes or nontax-paid cigars.
(34) Said title is further amended by deleting Fiscal Division
and inserting in lieu thereof fiscal division in Code Section 48-11-
15, relating to procedure for refund of taxes, cost price of affixed
stamps, and tax on cigars under alternate method where cigarettes or
cigars unfit for sale, use, or consumption and destroyed or exported.
(35) Said title is further amended by deleting Fiscal Division
and inserting in lieu thereof fiscal division in subsection (a) of Code
Section 48-11-16, relating to purchase of cigar and cigarette tax
stamps on account by licensed distributors.
(36) Said title is further amended by deleting Fiscal Division
and inserting in lieu thereof fiscal division in Code Section 48-13-
31, relating to registration of nonresident contractors.
(37) Said title is further amended by deleting 8311 and insert-
ing in lieu thereof 831(1) in subsection (d) of Code Section 48-14-2,
relating to payments to the state and political subdivisions by the
Tennessee Valley Authority.
(38) Said title is further amended by deleting Fiscal Division
and inserting in lieu thereof fiscal division five times in paragraph
(1) of subsection (b) of Code Section 48-14-3, relating to distribution
of funds appropriated to counties for public road construction and
maintenance, and once in subsection (c) of said Code section.
138
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 49. Title 49 of the Official Code of Georgia Annotated,
relating to social services, is amended as follows:
(1) Said title is amended by adding a hyphen between old and
age in Code Section 49-2-5, relating to the Department of Human
Resources as an institution of the state.
(2) Said title is further amended by deleting the comma follow-
ing for in Code Section 49-4-6, relating to reserves, income, and
resources to be disregarded in determining eligibility for public
assistance.
(3) Said title is further amended by adding a hyphen between
Old and Age in Code Section 49-4-30, relating to the short title of
the Old-Age Assistance Act.
(4) Said title is further amended by adding the before
Department in Code Section 49-4-56, relating to reexamination of
the eyesight of a recipient of aid to the blind.
(5) Said title is further amended by adding a comma following
state law in paragraph (1) of Code Section 49-4-101, relating to
definitions relative to aid to families with dependent children.
(6) Said title is further amended by deleting department four
times in subsection (a) and once in subsection (b) and inserting in lieu
thereof Department of Human Resources in Code Section 49-4-
124, relating to contracting with the Department of Human Re-
sources to obtain medical care and services and carry out medical
care aspects of a certain program.
(7) Said title is further amended by deleting the Code section
number 47-4-128 and inserting in lieu thereof 49-4-128 and by
deleting the comma following obtain in subsection (a) of the Code
Section in Title 49 which was erroneously designated as Code Section
47-4-128, relating to fraud in obtaining benefits.
(8) Said title is further amended by deleting youth and insert-
ing in lieu thereof youths in Code Section 49-5-4, relating to other
state departments, agencies, officers, and employees to assist the
Department of Human Resources.
GEORGIA LAWS 1982 SESSION
139
(9) Said title is further amended by deleting the period and
inserting in lieu thereof a semicolon at the end of paragraph (1) of
subsection (a) of Code Section 49-5-7, relating to development and
administration of services by state and local departments.
(10) Said title is further amended by deleting youth in subpara-
graphs (a)(2)(A) and (a)(3)(A) and inserting in lieu thereof youths
in Code Section 49-5-8, relating to powers and duties of the Depart-
ment of Human Resources, and by adding a hyphen between child
and placing in subparagraph (a)(7)(A) of said Code section.
(11) Said title is further amended by adding a period at the end of
paragraph (1) of subsection (d) of Code Section 49-5-10, relating to
commitment of delinquent or unruly children to the Department of
Human Resources; by deleting or her preceding care in subsec-
tion (e); by adding or at the end of paragraph (3) of subsection (f);
by deleting children following place and inserting in lieu thereof
him in paragraph (4) of subsection (f); and by deleting the comma
following department in subsection (g) of said Code section.
(12) Said title is further amended by deleting ; and if and
inserting in lieu thereof and, if in subsection (c) of Code Section 49-
5-12, relating to licensing and inspection of private and public child
welfare agencies and facilities; by deleting the commas following
license and revoked; and by deleting the comma following stan-
dards in said subsection.
(13) Said title is further amended by deleting the comma follow-
ing Rehabilitation and inserting in lieu thereof a semicolon in Code
Section 49-9-14, relating to the lien of the Division of Vocational
Rehabilitation on recipients causes of action for injuries.
(14) Said title is further amended by deleting the comma follow-
ing Georgia in Code Section 49-10-1, relating to legislative findings.
Section 50. Title 50 of the Official Code of Georgia Annotated,
relating to state government, is amended as follows:
(1) Said title is amended by deleting counties of and inserting
in lieu thereof Counties of in Code Section 50-2-25, relating to state
consent to acquisition by the United States of lands for forest and
wildlife purposes, etc.
140
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Said title is further amended by deleting Sections 50-3-5
and and inserting in lieu thereof Section 50-3-5 or in Code Section
50-3-7, relating to duty of the Governor to accept flags.
(3) Said title is further amended by adding a comma following
Georgia in subsection (a) of Code Section 50-3-8, relating to use of
the state or Confederate flag for advertising.
(4) Said title is further amended by deleting the comma follow-
ing office in Code Section 50-5-5, relating to the bond of the
director of the fiscal division to be recorded, filed, etc.
(5) Said title is further amended by deleting 50-5-7 and insert-
ing in lieu thereof 50-5-5 in Code Section 50-5-6, relating to re-
newal of the bond of the director of the fiscal division when
insufficient.
(6) Said title is further amended by deleting current preceding
workers in Code Section 50-5-13, relating to the Department of
Administrative Services duty to determine extent, amounts, etc., of
self-insurance for workers compensation.
(7) Said title is further amended by deleting the Game and Fish
Division of in subparagraph (1)(E) and Division of State Parks,
Recreation, and Historic Sites of the in subparagraph (1)(F) of Code
Section 50-5-31, relating to definitions relative to state space manage-
ment.
(8) Said title is further amended by deleting paragraph (2) and
renumbering paragraph (3) as paragraph (2) in Code Section 50-5-
121, relating to definitions relative to small business assistance.
(9) Said title is further amended by deleting and the division
in Code Section 50-5-123, relating to the advisory council to the
Department of Administrative Services.
(10) Said title is further amended by deleting Administative
and inserting in lieu thereof Administrative preceding Services
in subsection (b) of Code Section 50-5-143, relating to transfer of
surplus property to political subdivisions by negotiated sales.
(11) Said title is further amended by adding a comma between
and and upon in Code Section 50-5-146, relating to penalty for
violation of provisions relating to disposition of state property.
GEORGIA LAWS 1982 SESSION
141
(12) Said title is further amended by adding to between
respond and the and by deleting such preceding party in
Code Section 50-6-31, relating to procedure for contempt of court
where a summons of the state auditor is not obeyed.
(13) Said title is further amended by deleting commissions and
inserting in lieu thereof commission in subsection (b) of Code
Section 50-8-4, relating to creation of the Board of Community
Affairs.
(14) Said title is further amended by adding a comma between
official and transmit and by deleting the period at the end of
paragraph (3) of subsection (c) of Code Section 50-8-8, relating to
planning and development duties of the Department of Community
Affairs, and inserting in lieu thereof"; and.
(15) Said title is further amended by inserting and at the end of
subparagraph (2)(B) of Code Section 50-8-35, relating to general
duties of area planning and development commissions; by adding
and following the semicolon at the end of paragraph (2); and by
deleting and and inserting in lieu thereof a between Prepare
and forecast in paragraph (3) of said Code section.
(16) Said title is further amended by deleting the word mean
and inserting in lieu thereof means in paragraph (2) of Code
Section 50-9-2, relating to definitions relative to the Georgia Building
Authority.
(17) Said title is further amended by deleting the comma follow-
ing money and inserting in lieu thereof is in paragraph (3) of
Code Section 50-9-5, relating to general powers of the Georgia Build-
ing Authority.
(18) Said title is further amended by deleting the comma follow-
ing state in subsection (b) of Code Section 50-9-8, relating to
rentals and charges for use of projects.
(19) Said title is further amended by deleting the comma follow-
ing and in subsection (b) of Code Section 50-9-9, relating to public
policy against unreasonable disruptions of state employees.
(20) Said title is further amended by deleting is following
corporate purpose and inserting in lieu thereof are and by
142
GENERAL ACTS AND RESOLUTIONS, VOL. I
deleting is following state and and inserting in lieu thereof are
in Code Section 50-9-13, relating to exemption from taxation of the
Georgia Building Authority.
(21) Said title is further amended by deleting mentioned in
Code Section 50-9-35, relating to proceeds of revenue bonds to be
used for project costs.
(22) Said title is further amended by adding a comma between
regular and special in Code Section 50-9-38, relating to revenue
bonds and conditions precedent to issuance.
(23) Said title is further amended by deleting puchase and
inserting in lieu thereof purchase in paragraph (4) of Code Section
50-9-42, relating to the sinking fund for revenue bonds of the Georgia
Building Authority.
(24) Said title is further amended by deleting act and inserting
in lieu thereof Act in Code Section 50-9-43, relating to rights and
remedies of bondholders.
(25) Said title is further amended by deleting Georgia Building
Authority and inserting in lieu thereof authority in Code Section
50-9-46, relating to validation of bonds of the Georgia Building
Authority.
(26) Said title is further amended by adding , notwithstanding
between state and any in Code Section 50-9-65, relating to
moneys received by the Executive Center Fine Arts Committee to be
placed in a special fund.
(27) Said title is further amended by deleting , as amended in
paragraph (6) of Code Section 50-11-1, relating to definitions relative
to the state librarian.
(28) Said title is further amended by adding an apostrophe
following Employees in Code Section 50-11-3, relating to the power
of the Attorney General to appoint the state librarian and employees.
(29) Said title is further amended by deleting referred to as the
Commission and inserting in lieu thereof referred to as the commis-
sion in Code Section 50-12-80, relating to creation of the Commis-
sion on the Status of Women.
GEORGIA LAWS 1982 SESSION
143
(30) Said title is further amended by deleting the comma follow-
ing Services and inserting in lieu thereof or commissioner of
administrative services; and by deleting the comma and inserting in
lieu thereof a semicolon following beverages in paragraph (1) of
Code Section 50-13-2, relating to definitions relative to administra-
tive procedure.
(31) Said title is further amended by adding and at the end of
paragraph (1) of subsection (a) of Code Section 50-13-4, relating to
procedural requirements for adoption, amendment, repeal, etc., of
rules, and by adding assign between shall and the in subsection
(e) of said Code section.
(32) Said title is further amended by deleting Office and insert-
ing in lieu thereof office in paragraph (2) of subsection (c) of Code
Section 50-13-6, relating to rules not becoming effective until they are
filed with the Secretary of State.
(33) Said title is further amended by deleting the comma follow-
ing proceedings in subparagraph (a)(8)(B) of Code Section 50-13-
13, relating to procedure for contested cases.
(34) Said title is further amended by adding a comma between
licensee and of in subsection (c) of Code Section 50-13-18,
relating to grant, denial, renewal, revocation, etc., of licenses.
(35) Said title is further amended by deleting nor following
law and inserting in lieu thereof a comma and by deleting the
comma and inserting in lieu thereof a semicolon following rights in
Code Section 50-13-22, relating to construction of Chapter 13 of Title
50.
(36) Said title is further amended by deleting shall refuse and
inserting in lieu thereof refuses in Code Section 50-16-16, relating
to penalty for refusal to obey security personnel.
(37) Said title is further amended by deleting the semicolon and
adding a period in lieu thereof at the end of paragraph (11) of Code
Section 50-16-31, relating to definitions relative to state properties.
(38) Said title is further amended by deleting the following
each in division (12)(C)(i) of Code Section 50-16-34, relating to
duties and powers of the State Properties Commission; by deleting
144
GENERAL ACTS AND RESOLUTIONS, VOL. I
aforesaid in divisions (12)(C)(iii) and (12)(C)(iv) of said Code
section; and by adding that between provide and the in
paragraph (15) of said Code section.
(39) Said title is further amended by adding 2 following Arti-
cle in subsection (h) of Code Section 50-16-43, relating to execution
of contracts to explore state lands for mineral resources without
competitive bidding, and by adding a comma following state and
deleting Georgia, in subsection (j) of said Code section.
(40) Said title is further amended by deleting suit following
action and by adding on between carry and the in Code
Section 50-16-62, relating to actions for recovery of state debts.
(41) Said title is further amended by deleting the comma between
state and to and inserting in lieu thereof or in subsection (b) of
Code Section 50-16-80, relating to sale or disposition of state livestock
or swine; by adding a comma following Bulletin in said subsection;
and by deleting the comma following section in subsection (e) of
said Code section.
(42) Said title is further amended by deleting agency or and
inserting in lieu thereof agency, in subsection (a) of Code Section
50-16-81, relating to contracts by the state or subdivision for pur-
chase, lease, etc., of United States equipment, supplies, etc.
(43) Said title is further amended by deleting the comma follow-
ing provided in Code Section 50-16-103, relating to the authority of
landowners to build stock gaps.
(44) Said title is further amended by deleting the comma follow-
ing Section 1 and inserting in lieu thereof ; Ga. L. 1939, p. 188,
Section 1;; by deleting the comma following p. 258, Section 1 and
inserting in lieu thereof ; and; and by deleting , and Ga. L. 1957, p.
592, Section 1 in paragraph (1) of subsection (a) of Code Section 50-
16-122, relating to requirements for real property acquired or dis-
posed of by the state.
(45) Said title is further amended by deleting the comma follow-
ing court in Code Section 50-16-145, relating to actions against
public officers for violations of provisions concerning the annual
inventory of public property.
GEORGIA LAWS 1982 SESSION
145
(46) Said title is further amended by deleting 1 through and
inserting in lieu thereof 3 and in paragraph (1) of subsection (j) in
Code Section 50-17-22, relating to the State Financing and Invest-
ment Commission.
(47) Said title is further amended by adding the preceding
Fiscal in the last sentence in paragraph (2) of subsection (b) of
Code Section 50-17-23, relating to general obligation and guaranteed
revenue debts.
(48) Said title is further amended by deleting resolution and
inserting in lieu thereof resolutions in subsection (c) of Code
Section 50-17-25, relating to issuance of debt, procedure, claims, etc.,
and by deleting suits, in paragraph (1) of subsection (f) of said Code
section.
(49) Said title is further amended by deleting the comma follow-
ing 45-15-16 in subsection (h) of Code Section 50-17-26, relating to
registration, cancellation, etc., of evidences of indebtedness.
(50) Said title is further amended by deleting or between
state and may in the last sentence of subsection (c) of Code
Section 50-17-29, relating to miscellaneous pledges, authorizations,
and exemptions.
(51) Said title is further amended by deleting now preceding
required in paragraph (3) of Code Section 50-17-53, relating to
authority of the State Depository Board to determine the amount to
be deposited.
(52) Said title is further amended by adding and at the end of
paragraph (3) of Code Section 50-18-31, relating to procedure for
distribution of reports, and by deleting Executive Department,
State and inserting in lieu thereof Executive Department in
paragraph (4) of said Code section.
(53) Said title is further amended by deleting department and
inserting in lieu thereof departments in Code Section 50-19-6,
relating to the authority of various state departments, agencies, etc.,
to purchase automobiles.
(54) Said title is further amended by deleting Chapter 2 of Title
8 and inserting in lieu thereof Chapter 8 of Title 2 in paragraph (2)
146
GENERAL ACTS AND RESOLUTIONS, VOL. I
of Code Section 50-20-2, relating to definitions relative to state
agency relations with nonprofit contractors.
Section 51. Reserved.
Section 52. Title 52 of the Official Code of Georgia Annotated,
relating to waters of the state, ports, and watercraft, is amended as
follows:
(1) Said title is amended by adding to between and and
fix in paragraph (4) of Code Section 52-2-9, relating to powers of
the Georgia Porte Authority, and by deleting 5-2-2 and inserting in
lieu thereof 52-2-2 in paragraph (6) of said Code section.
(2) Said title is further amended by adding , the Georgia Peace
Officer Standards and Training Act, after Title 35 in subsection
(f) of Code Section 52-2-10, relating to applicability of traffic laws to
roads within the Georgia Porte Authoritys jurisdiction.
(3) Said title is further amended by deleting the comma and
inserting in lieu thereof the following authorizing in paragraph
(1) of Code Section 52-2-11, relating to power of the Georgia Porte
Authority to borrow money, to execute evidences of indebtedness,
and to secure such indebtedness.
(4) Said title is further amended by deleting , and following
Georgia in Code Section 52-2-14, relating to conveyance of Medical
Depot site to the Georgia Porte Authority; by deleting
imporvement and inserting in lieu thereof improvement; by
deleting operation following warehouse and inserting in lieu
thereof operations; and by adding that any between provided
and moneys in said Code section.
(5) Said title is further amended by deleting perons and
inserting in lieu thereof persons in paragraph (6) of subsection (a)
of Code Section 52-2-29, relating to status of bonds as legal invest-
ments and as securities for deposits.
(6) Said title is further amended by deleting the comma follow-
ing vote in Code Section 52-5-6, relating to calling of a stockholders
meeting of a navigation company for purposes of organization of the
company.
GEORGIA LAWS 1982 SESSION
147
(7) Said title is further amended by deleting sue and inserting
in lieu thereof bring an action in Code Section 52-6-6, relating to
right of boards of pilotage commissioners to bring an action to recover
forfeitures.
(8) Said title is further amended by deleting commissioner
and inserting in lieu thereof commissioners in Code Section 52-6-
41, relating to taking of interrogatories and depositions from nonresi-
dents and seamen.
(9) Said title is further amended by deleting same and insert-
ing in lieu thereof application in subsection (a) of Code Section 52-
7-5, relating to numbering of vessels; by deleting numbers and
inserting in lieu thereof number in paragraph (1) of subsection (d)
of said Code section; and by deleting certificate in the last sentence
and inserting in lieu thereof certificates in subsection (h) of said
Code section.
(10) Said title is further amended by deleting and and insert-
ing in lieu thereof or at the end of paragraph (9) of Code Section 52-
7-6, relating to exemptions from vessel numbering requirements.
(11) Said title is further amended by adding a hyphen between
fire and extinguishing in paragraph (1) of subsection (e) of Code
Section 52-7-8, relating to classification of vessels and required
equipment.
(12) Said title is further amended by deleting the comma follow-
ing devices in subsection (b) of Code Section 52-7-16, relating to
towing persons on water skis, aquaplanes, surfboards, etc.
(13) Said title is further amended by deleting thereto and
inserting in lieu thereof to this Code section in paragraph (1) of
subsection (b) of Code Section 52-7-19, relating to regattas, boat
races, marine parades, tournaments, and exhibitions; by deleting
thereunder and inserting in lieu thereof under this Code section
in said paragraph; by deleting thereto and inserting in lieu thereof
to this Code Section in paragraph (2); by deleting thereunder and
inserting in lieu thereof under this Code section in paragraph (2);
by deleting thereto and inserting in lieu thereof to this Code
section in paragraph (4); by deleting thereunder and inserting in
lieu thereof under this Code section in paragraph (4) of said Code
section; by deleting thereto and inserting in lieu thereof to this
148
GENERAL ACTS AND RESOLUTIONS, VOL. I
Code section in paragraph (5); and by deleting thereunder and
inserting in lieu thereof under this Code section in paragraph (5) of
said Code section.
(14) Said title is further amended by adding a hyphen between
above and mentioned and by deleting expressed and inserting
in lieu thereof express in subsection (c) of Code Section 52-7-20,
relating to operation of vessels in the vicinity of regulatory markers
and aids to navigation.
(15) Said title is further amended by adding a period at the end of
Code Section 52-8-4, relating to power of municipalities to prohibit
throwing or depositing of substances which might lessen the depth of
navigable waters.
Section 53. Title 53 of the Official Code of Georgia Annotated,
relating to wills, trusts, and administration of estates, is amended as
follows:
(1) Said title is amended by deleting paragraph and inserting
in lieu thereof paragraphs in paragraph (7) of Code Section 53-4-2,
relating to rules of inheritance.
(2) Said title is further amended by deleting this and inserting
in lieu thereof his in subsection (a) of Code Section 53-4-50, relating
to the definition of advancements.
(3) Said title is further amended by deleting 53-7-148 and
inserting in lieu thereof 53-7-38 in Code Section 53-6-98, relating to
revocation of letters of administration, requirement of additional
bond, etc., for cause.
(4) Said title is further amended by adding a semicolon following
state in the last sentence of Code Section 53-6-124, relating to
conveyance of property by a foreign executor or administrator.
(5) Said title is further amended by adding a comma between
fiduciary and as in subsection (a) of Code Section 53-7-184,
relating to intermediate final reports.
(6) Said title is further amended by deleting forwith and
inserting in lieu thereof forthwith in subsection (a) of Code Section
53-12-52, relating to filing of a deed creating a trust estate in the
superior court.
GEORGIA LAWS 1982 SESSION
149
(7) Said title is further amended by deleting Code Sections 14-
2-350 and 14-2-351 and from Code Section 53-12-57, relating to
initial and annual returns of trusts.
(8) Said title is further amended by deleting the comma follow-
ing Code section in subsection (a) of Code Section 53-12-129,
relating to election by trustees of a private foundation or charitable
trust to distribute such trust principal as will enable the trust to avoid
tax liability.
(9) Said title is further amended by deleting , whether held or
in existence on February 10, 1953, or later held or coming into
existence in paragraph (1) and who is acting in such capacity on
February 10,1953, or who may become executor, guardian, adminis-
trator, or trustee thereafter in paragraph (2) of Code Section 53-13-
65, relating to lease of real property beyond termination of a trust.
(10) Said title is further amended by deleting provided, that
and inserting in lieu thereof , provided that in paragraph (10) of
subsection (a) of Code Section 53-15-3, relating to fiduciary powers
which may be incorporated by reference.
Section 54. This Act shall become effective on November 1,
1982.
Section 55. All laws and parts of laws in conflict with this Act
are hereby repealed.
Approved February 16,1982.
150
GENERAL ACTS AND RESOLUTIONS, VOL. I
SUPPLEMENTARY APPROPRIATIONS ACT.
No. 831 (House Bill No. 1142).
AN ACT
To provide supplementary appropriations for
the fiscal year ending June 30,1982, in addition to
any other appropriations heretofore or hereafter
made for the operation of state government and
the purposes provided for herein; to confer certain
responsibilities upon the Office of Planning and
Budget; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
That the sums of money hereinafter provided
are appropriated for the fiscal year beginning July
1, 1981, and ending June 30, 1982, as prescribed
hereinafter for such fiscal year, and are in addition
to any other appropriations heretofore or hereafter
made for the operation of state government.
Section 1. Department of Administrative
Services.
Budget Unit: Department of Administrative
Services..............................$ 450,000
Fiscal and Self-Insurance Administration
Budget:
Unemployment Compensation
Reserve........................$ 450,000
Section 2. Department of Labor.
Budget Unit: Basic Employment, Work Incentive,
Correctional Services and Comprehensive
Employment and Training..............$ 600,000
GEORGIA LAWS 1982 SESSION
151
Section 3. Department of Medical Assistance.
Budget Unit: Medicaid Services............. $ 4,250,000
Benefits Payment Budget:
Medicaid Benefits..................... $ 12,500,000
Total Funds Budgeted.................. $ 12,500,000
State Funds Budgeted.................. $ 4,250,000
Provided, the State funds appropriated in this section
shall only be used to match Federal funds for making benefit
payments.
Section 4. Department of Offender Rehabilitation.
Budget Unit: Department of Offender
Rehabilitation ........................ $ 3,000,000
TOTAL SUPPLEMENTARY APPROPRIA-
TION STATE FISCAL YEAR 1981-1982. .$ 8,300,000
Section 5. The Office of Planning and Budget is hereby
directed to economize wherever possible and in the event any
part of the appropriations provided in the foregoing Section of
this Act shall be in excess of the actual approved budget allot-
ments for the fiscal year, the amounts so in excess as deter-
mined by the Office of Planning and Budget shall cease to be
an obligation of the state.
Section 6. This Act shall become effective upon its ap-
proval by the Governor or upon its becoming law without his
approval.
152
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 7. All laws and parts of laws in
conflict with this Act are hereby repealed.
Approved February 16,1982.
MOTOR VEHICLE CERTIFICATE OF TITLE
ACT AMENDED.
Code Section 40-3-2 Amended.
No. 832 (House Bill No. 1145).
AN ACT
To amend an Act known as the Motor Vehicle Certificate of Title
Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended,
particularly by an Act approved April 7,1981 (Ga. L. 1981, p. 644), so
as to change the definition of a term; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act known as the Motor Vehicle Certificate of
Title Act, approved March 3,1961 (Ga. L. 1961, p. 68), as amended,
particularly by an Act approved April 7,1981 (Ga. L. 1981, p. 644), is
amended by striking paragraph 2 of subsection (p) of Section 2 of said
Act in its entirety and inserting in lieu thereof a new paragraph (2) to
read as follows:
(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 or for which the insurance company has paid
a total loss claim; or.
GEORGIA LAWS 1982 SESSION
153

Part 2
Section 2. Code Section 40-3-2 of the Official Code of Georgia
Annotated, relating to definitions used in the provisions relating to
certificates of title, security interests, and liens, is amended by
striking subparagraph (B) of paragraph (12) of said Code section in its
entirety and inserting in lieu thereof a new subparagraph (B) to read
as follows:
(B) 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 or for which the insurance company has paid
a total loss claim; or.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved February 16,1982.
154
GENERAL ACTS AND RESOLUTIONS, VOL. I
LAND CONVEYANCE TO MILLER COUNTY.
No. 85 (House Resolution No. 536).
A RESOLUTION
Authorizing the conveyance of an interest in certain real property
located in Miller County, Georgia; and for other purposes.
WHEREAS, pursuant to a resolution enacted by the General
Assembly authorizing the conveyance of certain real property located
in Miller County, Georgia, approved March 23,1977 (Ga. L. 1977, p.
3516), the State Properties Commission, acting for and on behalf of
the State of Georgia, conveyed such real property to Miller County
under certain terms and conditions; and
WHEREAS, said tract or parcel of land is more fully described as
follows:
All that tract or parcel of land, together with the right of ingress
thereto and egress therefrom, lying and being in Land Lot 192 of the
13th Land District of Miller County, Georgia, and being more partic-
ularly described as follows:
From the intersection of the west right-of-way line of West Street
with the north right-of-way line of U. S. Highway 27, run in a
westerly direction along the north right-of-way of said Highway along
a 2 degree curve to the left with a chord bearing south 84 degrees 53
minutes west 339 feet; thence continuing along the north right-of-way
of said Highway south 81 degrees 30 minutes west 254 feet to the
Point of Beginning. From said point of beginning continue south 81
degrees 30 minutes West 257 feet to an iron pin; thence north 06
degrees 32 minutes west 508.48 feet to an iron pin; thence south 06
degrees 32 minutes east 508.48 feet to the point of beginning; as
shown on a plat of survey prepared by Earl Thursby, Georgia Regis-
tered Land Surveyor No. 1732, dated November 25, 1971. The
property conveyed contains 2.998 acres.;
and
WHEREAS, said property was conveyed under the condition that
said property to revert back to the state should it cease to be used for
agricultural, promotional or related activities; and
GEORGIA LAWS 1982 SESSION
155
WHEREAS, the reversionary interest is no longer beneficial to the
state with respect to a specific parcel of the property because such
parcel is no longer needed for governmental purposes by the county or
the state; but said parcel is desired for industrial use which would
benefit Miller County and the state; and
WHEREAS, said real property is all that tract or parcel of land,
together with the right of ingress thereto and egress therefrom, lying
and being in Land Lot 192 of the 13th Land District of Miller County,
Georgia, and being more particularly as follows:
From the intersection of the west right-of-way line of West Street
with the north right-of-way line of U. S. Highway 27, run in a
westerly direction along the north right-of-way of said Highway a
distance of 780 feet to the Point of Beginning. From said point of
beginning continue south 81 degrees 30 minutes West 70 feet to an
iron pin; thence north 06 degrees 32 minutes west 210 feet to an iron
pin; thence north 81 degrees 30 minutes east 70 feet to an iron pin;
thence south 06 degrees 32 minutes east 210 feet to the point of
beginning; as shown on a plat of survey prepared by Earl Thursby,
Georgia Registered Land Surveyor No. 1732, dated December 19,
1981. The property to be conveyed contains .34 of one acre.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the State Properties Commission,
acting for and in behalf of the State of Georgia, is authorized and
empowered to convey by appropriate instrument its reversionary
interest in the above described parcel of property comprising approx-
imately .34 of an acre.
Approved February 18,1982.
156
GENERAL ACTS AND RESOLUTIONS, VOL. I
CORPORATIONS VOTING OF SHARES, ETC.
Code Sections 22-608; 14-2-117 Amended.
No. 836 (Senate Bill No. 591).
AN ACT
To amend Code Section 22-608, relating to voting of shares, as
amended, so as to provide for the voting of shares of a corporation
held by a subsidiary of such corporation in a fiduciary capacity; to
amend Code Section 14-2-117 of the Official Code of Georgia Anno-
tated accordingly; to provide for effective dates; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 22-608, relating to voting of shares, as
amended, is amended by striking subsection (c) of said Code section
in its entirety and inserting in lieu thereof a new subsection (c) to read
as follows:
(c) Except as otherwise provided in this subsection, neither
treasury shares nor shares of a corporation held by a subsidiary of
such corporation shall be voted at any meeting or counted in deter-
mining the total number of outstanding shares at any given time;
provided, however, that shares of a corporation held in a fiduciary
capacity by a subsidiary of such corporation which is a state or
national bank or trust company or other entity authorized under state
or federal law to exercise trust powers may be voted at any such
meeting and counted in determining the number of shares outstand-
ing.
Part 2
Section 2. Code Section 14-2-117 of the Official Code of Georgia
Annotated, relating to voting of shares, is amended by striking
subsection (c) of said Code section in its entirety and inserting in lieu
thereof a new subsection (c) to read as follows:
GEORGIA LAWS 1982 SESSION
157
(c) Except as otherwise provided in this subsection, neither
treasury shares nor shares of a corporation held by a subsidiary of
such corporation shall be voted at any meeting or counted in deter-
mining the total number of outstanding shares at any given time;
provided, however, that shares of a corporation held in a fiduciary
capacity by a subsidiary of such corporation which is a state or
national bank or trust company or other entity authorized under state
or federal law to exercise trust powers may be voted at any such
meeting and counted in determining the number of shares outstand-
ing.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved February 19,1982.
158
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA DEPARTMENT OF ADMINISTRATIVE
SERVICES SUPPLEMENTARY APPROPRIATIONS
ACT APPROVED SEPTEMBER 10, 1981 REPEALED.
No. 843 (House Bill No. 1365).
AN ACT
To repeal an Act providing an appropriation to the Georgia
Department of Administrative Services for the Fiscal Year 1982,
approved September 8,1981 (Ga. L. 1981, Ex. Sess., p. 10); to provide
for the disposition of state funds withdrawn from the state treasury;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a supplementary appropriation for
the Georgia Department of Administrative Services for the fiscal year
ending June 30,1982, approved September 8,1981 (Ga. L. 1981, Ex.
Sess., p. 10), is repealed.
Section 2. All monies drawn from the state treasury by authority
of said Act shall be remitted to the state treasury no later than 72
hours after this Act becomes effective.
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
repealed.
Approved February 26,1982.
MOUNTAIN JUDICIAL CIRCUIT COMPENSATION
OF INVESTIGATOR.
No. 844 (House Bill No. 1097).
AN ACT
To amend an Act providing for an investigator for the District
Attorney of the Mountain Judicial Circuit, approved April 17, 1973
GEORGIA LAWS 1982 SESSION
159
(Ga. Laws 1973, p. 837), so as to change the compensation of the
investigator; 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 an investigator for the District
Attorney of the Mountain Judicial Circuit, approved April 17, 1973
(Ga. Laws 1973, p. 837), is amended by striking in its entirety
subsection (a) of Section 1 and inserting in lieu thereof a new
subsection (a) to read as follows:
(a) The District Attorney of the Mountain Judicial Circuit is
hereby authorized to employ an investigator for the Mountain Judi-
cial Circuit. The District Attorney shall fix the compensation to be
received by said investigator at a figure not to exceed $15,000.00 per
annum. It shall be within the full power and authority of said District
Attorney during his term of office to designate and name the person
who shall be employed as the investigator and to prescribe his duties
and assignments and to remove or replace such investigator at will
and within his sole discretion. Said investigator shall have the same
power to make arrests, to execute and return all criminal warrants
and processes and serve as a peace officer and perform the same
duties as may be performed by a sheriff. In addition to his salary as
herein provided, the investigator shall receive the same mileage
allowance for the use of his private motor vehicle in the performance
of his official duties as the mileage allowance received by the District
Attorney. He shall receive such additional expenses as may be
authorized by the District Attorney.
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
repealed.
Notice of Intent to Introduce Local Legislation
Notice is hereby given that an amendment to local act 430,
creating an official for the District Attorney known as an investigator,
160
GENERAL ACTS AND RESOLUTIONS, VOL. I
will be introduced in the 1981 regular session of the General Assembly
to set salary maximum.
/s/ V. D. Stockton
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bill Dover who, on oath, deposes and
says that he/she is Representative from the 11th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the North Georgia News which is the official organ
of Union County, on the following dates: February 26, March 5,12,
1981.
/s/ Bill Dover
Representative,
11th District
Sworn to and subscribed before me,
this 12th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Notice of Intent to Introduce Local Legislation
Notice is hereby given that an amendment to local act 430,
creating an official for the District Attorney known as an investigator,
will be introduced in the 1981 regular session of the General Assembly
to set salary maximum.
GEORGIA LAWS 1982 SESSION
161
Jack Irvin,
by V. D. Stockton,
District Attorney
Publishers Affidavit
State of Georgia
County of Habersham
Before me, the undersigned, Notary Public, this day personally
came Amilee C. Graves, who, being first duly sworn, according to law,
says that she is the publisher of the Tri-County Advertiser official
newspaper published at Clarkesville, in said county and State, and
that the publication, of which the annexed is a true copy was
published in said paper on the 5, 12, 19 days of March, 1981. As
provided by law.
/s/ Amilee C. Graves
Subscribed and sworn before me,
this 8 day of March, 1981.
/s/ Ann L. Vandiver
Notary Public
(Seal).
Notice of Intent to Introduce Local Legislation
Notice is hereby given that an amendment to local act 430,
creating an official for the District Attorney known as an investigator,
will be introduced in the 1981 regular session of the General Assembly
to set salary maximum.
162
GENERAL ACTS AND RESOLUTIONS, VOL. I
Jack Irvin,
by V. D. Stockton,
District Attorney
Affidavit of Publication
State of Georgia
Rabun County
Personally appeared before the undersigned officer duly autho-
rized under the laws of Georgia to administer oaths, James Wallace,
who on oath deposes and says that he is the publisher of The Clayton
Tribune, a newspaper published in Clayton, Georgia, of general
circulation, and that the attached advertisement has been published
in The Clayton Tribune once a week for 3 weeks in the regular
issues of 2/26,3/5,3/12,1981.
/s/ James Wallace
Sworn to and subscribed before me,
this 11th day of March, 1981.
/s/ Joyce N. Lovell
Notary Public
Rabun County, Georgia
My Commission Expires January 12, 1985.
(Seal).
Notice of Intent to Introduce Local Legislation
Notice is hereby given that an amendment to local act 430,
creating an official for the District Attorney known as an investigator,;
will be introduced in the 1981 regular session of the General Assembly
to set salary maximum.
GEORGIA LAWS 1982 SESSION
163
Jack Irvin,
by V. D. Stockton,
District Attorney
March 9, 1981
Charles A. Hamilton, Publisher of The Toccoa Record, a weekly
newspaper with general circulation in the County of Stephens, State
of Georgia, does hereby certify that the following advertisement was
published in The Toccoa Record on February 26,1981, March 5,1981
and is scheduled to appear again on March 12, 1981, as it herein
appears.
/s/ Charles A. Hamilton
The foregoing appeared before
me this day and duly affixed
his signature.
/s/ Nancy W. Smith
Notary Public
(Seal).
Notice of Intent to Introduce Local Legislation
Notice is hereby given that an amendment to local act 430,
creating an official for the District Attorney known as an investigator,
will be introduced in the 1981 regular session of the General Assembly
to set salary maximum.
/s/ V. D. Stockton
164
GENERAL ACTS AND RESOLUTIONS, VOL. I
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bill Dover who, on oath, deposes and
says that he/she is Representative from the 11th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Towns County Herald which is the official organ
of Towns County, on the following dates: February 26, March 5,12,
1981.
/s/ Bill Dover
Representative,
11th District
Sworn to and subscribed before me,
this 12th day of March, 1981.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved February 26,1982.
GEORGIA LAWS 1982 SESSION
165
MOTOR VEHICLES EQUIPMENT AND
INSPECTIONS.
Code Title 68E Amended; Code Chapter
40-8 Amended.
No. 845 (House Bill No. 1156).
AN ACT
To amend an Act known as the Uniform Act Regulating Traffic
on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dee.
Sess., p. 556), as amended, particularly by an Act approved April 5,
1972 (Ga. L. 1972, p. 989), so as to delete a provision relating to
certain equipment being added to equipment inspected under annual
motor vehicle inspections; to amend an Act known as the Georgia
Motor Vehicle Emission Inspection and Maintenance Act, approved
April 16, 1979 (Ga. L. 1979, p. 1213), as amended, so as to delete
provisions relating to the consolidation of applications for certificates
of authorization for motor vehicle inspection stations and to specify
the conditions under which said Act shall be repealed; to amend Code
Title 68E, known as the Georgia Motor Vehicle Safety Inspection
Act, as amended, by striking all the provisions of said Code Title in
their entirety and inserting in lieu thereof a new Code Title 68E,
relating to equipment requirements for motor vehicles, penalties for
violations of said equipment requirements, and the annual inspection
of school buses; to amend Chapter 8 of Title 40 of the Official Code of
Georgia Annotated, so as to provide therein for the same changes
mentioned above; to provide for the reimbursement of the purchase
price of unused motor vehicle safety inspection stickers; to provide for
legislative intent; to provide for other matters relative to the forego-
ing; to provide effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act known as the Uniform Act Regulating Traffic
on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dee.
Sess., p. 556), as amended, particularly by an Act approved April 5,
1972 (Ga. L. 1972, p. 989), is amended by striking subsection (f) of
Section 117A which reads as follows:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) Any such device as described in subsection (a) of this section
shall be added to the list of equipment subject to inspection and shall
be made a part of annual inspection of motor vehicles required by
Article XVI of this Act. Before a valid motor vehicle inspection
sticker can be placed on a vehicle, any such device must be repaired,
replaced or corrected so it will be in the original design of the
manufacturer.,
in its entirety.
Section 2. An Act known as the Georgia Motor Vehicle
Emission Inspection and Maintenance Act, approved April 16,1979
(Ga. L. 1979, p. 1213), as amended, is amended by striking subsection
(3) of Section 10 which reads as follows:
(3) The Commissioner may consolidate the application and
certificate of authorization pursuant to this Act with the application
and certificate of authority (or other station licensing procedure)
established under the Uniform Act Regulating Traffic on Highways,
approved January 11,1953 (Ga. Laws 1953, Nov.-Dec. Sess., pp. 556,
et seq.), as amended, relating to the licensing or certification of motor
vehicle safety inspection stations, or with any similar station licensing
or certification procedure established under any other law or Act
governing the licensing or certification of Georgia Motor Vehicle
Safety Inspection Stations. The Commissioner may also consolidate
the certificate of emission inspection with any certificate of safety
inspection under any such law.,
in its entirety.
Section 3. Said Act known as the Georgia Motor Vehicle
Emission Inspection and Maintenance Act is further amended by
adding a new section between Section 14 and Section 15, to be
designated Section 14A, to read as follows:
Section 14A. Conditional repealer. This Act shall remain of
force and effect only so long as the Federal Clean Air Act (42 U.S.C.
1857, et seq., as amended) shall require that the State of Georgia
maintain and enforce the inspection plan and program provided for in
this part in order to reduce the ambient air levels of photochemical
oxidents or carbon monoxide which exceed the levels specified by the
National Ambient Air Quality Standards for such pollutants specified
by the United States Environmental Protection Agency pursuant to
GEORGIA LAWS 1982 SESSION
167
said Act. Upon the effective date of an amendment to the Federal
Clean Air Act which shall allow the State of Georgia to discontinue
the maintenance and enforcement of the inspection plan and program
provided for in this part without the imposition of sanctions against
the State of Georgia such as the loss of federal funds for sewage
treatment plants, transportation projects, and air quality improve-
ment projects, this Act shall be repealed.
Section 4. Code Title 68E, known as the Georgia Motor Vehicle
Safety Inspection Act is amended by striking said Code Title in its
entirety and inserting in lieu thereof a new Code Title 68E to read as
follows:
Title 68E
Equipment of Motor Vehicles
Chapter 68E-1. Equipment generally
68E-101. (a) Notwithstanding any provision of law to the con-
trary, all motor vehicles shall be equipped in accordance with the
provisions of this title.
(b) This title shall not apply to implements of husbandry, road
machinery, road rollers, or farm tractors, except when expressly made
applicable. This title shall not apply to motorized carts.
(c) Nothing in this title shall be construed to prohibit the use of
additional parts and accessories on any vehicle, which use is not
inconsistent with the provisions of this title.
68E-102. In addition to the requirements of this title, the Public
Service Commission, as to the motor vehicles within its jurisdiction,
shall have the authority to promulgate rules designed to promote
safety. Any such rules promulgated or deemed necessary by such
commission shall include the following: every motor unit and all parts
thereof shall be maintained in a safe condition at all times. The lights,
brakes, and equipment shall meet such safety requirements as the
commission shall promulgate from time to time.
68E-103. No vehicle or load, any portion of which drags or slides
on the surface of the roadway, shall be used or transported on the
highways. No vehicle shall be used or transported on the highways the
wheels of which, while being used or transported, either from con-
struction or otherwise, cause pounding on the road surface.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
68E-104. (a) It shall be unlawful for any person to operate
upon the public roads of this state any slow-moving vehicle or
equipment, any animal-drawn vehicle, or any machinery designed for
use and generally operated at speeds less than 25 miles per hour,
including all road construction or maintenance equipment and
machinery except when engaged in actual construction or mainte-
nance procedures and all other construction equipment and machin-
ery, unless there is displayed on the rear thereof an emblem which
shall comply with subsection (b) of this Code section.
(b) The emblem required by subsection (a) of this Code section
shall conform with those standards and specifications adopted for
slow-moving vehicles by the American Society of Agricultural Engi-
neers in December, 1966, and contained within such societys stan-
dard ASAE S276.1, or shall be an emblem of the same shape and size
painted on such vehicle in a bright and conspicuous retroreflective
red orange paint. Such emblem shall be mounted on the rear of such
vehicles, in the approximate horizontal geometric center of the
vehicle, at a height of three to five feet above the roadway, and shall
be maintained at all times in a clean and reflective condition.
(c) Any person violating this Code section shall be guilty of a
misdemeanor.
(d) Nothing in this Code section shall apply to any self-pro-
pelled, two-wheeled vehicle.
68E-105. (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 provided in this Code section.
(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) of this Code section.
(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) of this Code section.
GEORGIA LAWS 1982 SESSION
169
(d) Subsections (a), (b), and (c) of this Code section shall not
apply to the disconnection of the odometer used for registering the
mileage or use of new motor vehicles being tested by the manufac-
turer prior to delivery to a franchised dealer.
(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 this Code section.
(g) (1) In addition to any other penalty provided by law, any
person who, with intent to defraud, violates this Code 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
reasonable attorneys 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 Code sec-
tion, 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 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.
(i) Any person violating this Code section shall be guilty of a
misdemeanor.
170
GENERAL ACTS AND RESOLUTIONS, VOL. I
68E-106. (a) It shall be unlawful to alter the suspension system
of any private passenger motor vehicle which may be operated on any
public street or highway more than two inches above or below the
factory recommendation for any such vehicle.
(b) It shall be unlawful to operate any private passenger motor
vehicle upon any highway, roadway, or street if the suspension system
of such vehicle has been altered more than two inches above or below
the factory recommendation for such vehicle.
(c) It shall be unlawful to operate any motor vehicle upon any
highway, roadway, or street if the springs relative to the suspension
system are broken.
(d) Any person violating this Code section shall be guilty of a
misdemeanor.
68E-107. (a) No person shall drive or move on any highway any
motor vehicle, trailer, semitrailer, or pole trailer, or any combination
thereof, unless the equipment upon any and every such vehicle is in
good working order and adjustment as required in this title and the
vehicle is in such safe mechanical condition as not to endanger the
driver or other occupant or any person upon the highway.
(b) It is a misdemeanor for any person to drive or move, or for
the owner to cause or knowingly permit to be driven or moved on any
street or highway, any vehicle or combination of vehicles:
(1) Which is in such unsafe condition as to endanger any
person;
(2) Which does not contain those parts or is not at all times
equipped with such lights and other equipment in proper condi-
tion and adjustment as required in this title; or
(3) Which is equipped in any manner in violation of this
title.
(c) It is also a misdemeanor for any person to do any act
forbidden or fail to perform any act required under this title.
(d) Any vehicle suspected of being operated in violation of this
title may be the subject of an inspection conducted by any law
GEORGIA LAWS 1982 SESSION
171
enforcement officer who has reason to believe such violation is
occurring, without the necessity of obtaining a warrant to permit such
inspection.
68E-108. Every motor vehicle operated upon a public street or
highway shall be equipped with a speedometer in good working order.
Chapter 68E-2. Lighting Equipment
68E-201. Every vehicle upon a highway within this state at any
time from a half hour after sunset to a half hour before sunrise and at
any time when it is raining in the driving zone and at any other time
when there is not sufficient visibility to render clearly discernible
persons and vehicles on the highway at a distance of 500 feet ahead
shall display lights, including headlights, and illuminating devices as
required in this part for different classes of vehicles, subject to
exceptions with respect to parked vehicles as stated in this chapter.
68E-202. (a) Whenever this title declares the required distance
from which certain lights and devices shall render objects visible or
within which such lights or devices shall be visible, such provisions
shall apply during the times stated in Code Section 68E-201 in
respect to a vehicle without load when upon a straight, level,
unlighted highway under normal atmospheric conditions, unless a
different time or condition is expressly stated.
(b) Whenever this title declares the required mounted height of
lights or devices, it shall mean the distance from the center of such
light or device to the level ground upon which the vehicle stands when
such vehicle is without a load.
68E-203. (a) Every motor vehicle other than a motorcycle or
motor-driven cycle shall be equipped with at least two but not more
than four headlights, with at least one on each side of the front of the
motor vehicle, which headlights shall comply with the requirements
and limitations set forth in this title.
(b) Every motorcycle and every motor-driven cycle shall be
equipped with at least one and not more than two headlights, which
shall comply with the requirements and limitations of this title.
(c) Every headlight upon every motor vehicle, including every
motorcycle and motor-driven cycle, shall be located at a height
172
GENERAL ACTS AND RESOLUTIONS, VOL. I
measured from the center of the headlight of not more than 54 inches
nor less than 24 inches, to be measured as set forth in subsection (b) of
Code Section 68E-202.
(d) The headlights required by this Code section shall be main-
tained in proper working condition.
(e) It shall be unlawful to operate a motor vehicle unless such
motor vehicle is equipped with aiming pads on each headlight.
68E-204. (a) Every motor vehicle, trailer, semitrailer, and pole
trailer manufactured prior to January 1,1954, shall be equipped with
at least one tail light mounted on the rear, which when lighted as
required in this title shall emit a red light plainly visible from a
distance of 500 feet to the rear.
(b) Every motor vehicle, trailer, semitrailer, and pole trailer
manufactured after January 1,1954, shall be equipped with two tail
lights which meet the specifications provided in this Code section.
(c) Every tail light upon every vehicle shall be located at a height
of not more than 60 inches nor less than 20 inches, to be measured as
set forth in subsection (b) of Code Section 68E-202.
(d) Either a tail light or a separate light shall be so constructed
and placed as to illuminate with a white light the rear registration
plate and render it clearly legible from a distance of 50 feet to the rear.
Any tail light or tail lights, together with any separate light for
illuminating the rear registration plate, shall be so wired as to be
lighted whenever the head lights or auxiliary driving lights are
lighted.
(e) All lenses on tail lights shall be maintained in good repair and
shall meet manufacturers specifications.
68E-205. (a) Every motor vehicle manufactured after March
12, 1954, and operated upon a highway, other than a truck tractor,
motorcycle, or motor-driven cycle, shall carry on the rear, either as a
part of the tail lights or separately, two red reflectors, and every
motorcycle and every motor-driven cycle shall carry on the rear at
least one red reflector, meeting the requirements of this Code section.
GEORGIA LAWS 1982 SESSION
173
(b) Every such reflector shall be mounted on the vehicle at a
height not less than 20 inches nor more than 60 inches measured as set
forth in subsection (b) of Code Section 68E-202 and shall be of such
size and characteristics and so mounted as to be visible at night from
all distances within 300 feet to 50 feet from the rear of such vehicle
except that visibility from the greater distance is hereinafter required
of reflectors on certain types of vehicles.
68E-206. (a) It shall be unlawful for any person to sell any
motor vehicle manufactured after January 1, 1954, including any
motorcycle or motor-driven cycle manufactured after January 1,
1954, in this state or for any person to drive such vehicle on the
highways unless it is equipped with at least one brake light meeting
the requirements of Code Section 68E-207.
(b) If a motor vehicle is manufactured with two brake lights,
both must be operational.
(c) No person shall sell or offer for sale or operate on the
highways any motor vehicle, trailer, or semitrailer registered in this
state and manufactured or assembled after January 1,1954, unless it
is equipped with mechanical or electrical turn signals meeting the
requirements of Code Section 68E-207. This subsection shall not
apply to any motorcycle or motor-driven cycle manufactured prior to
January 1,1972.
68E-207. (a) Any motor vehicle may be equipped and when
required under this title shall be equipped with the following signal
lights or devices:
(1) A brake light on the rear which shall emit a red light and
which shall be actuated upon application of the service (foot)
brake and which may but need not be incorporated with a tail
light; and
(2) A light or lights or mechanical signal device capable of
clearly indicating any intention to turn either to the right or to the
left and which shall be visible from both the front and the rear.
(b) Every brake light shall be plainly visible and understandable
from a distance of 300 feet to the rear both during normal sunlight
and at nighttime, and every signal light or lights indicating intention
to turn shall be visible and understandable during daytime and
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GENERAL ACTS AND RESOLUTIONS, VOL. I
nighttime from a distance of 300 feet from both the front and the rear.
When a vehicle is equipped with a brake light or other signal lights,
such light or lights shall at all times be maintained in good working
condition. No brake light or signal light shall project a glaring or
dazzling light.
(c) All mechanical signal devices shall be self-illuminated when
in use at the times mentioned in Code Section 68E-201.
(d) All lenses on brake lights and signal devices shall be main-
tained in good repair and shall meet manufacturers specifications.
68E-208. Whenever the load upon any vehicle extends to the
rear four feet or more beyond the bed or body of such vehicle, there
shall be displayed at the extreme rear end of the load, at the times
specified in Code Section 68E-201, a red light plainly visible from a
distance of at least 500 feet to the sides and rear. The red light
required under this Code section shall be in addition to the red rear
light required upon every vehicle. At any other time there shall be
displayed at the extreme rear end of such load a red flag or cloth not
less than 12 inches square and so hung that the entire area is visible to
the driver of a vehicle approaching from the rear.
68E-209. (a) When a vehicle is lawfully parked upon a street or
highway during the hours between a half hour after sunset and a half
hour before sunrise, and there is sufficient light to reveal any person
or object within a distance of 500 feet upon such street or highway, no
lights need be displayed upon such parked vehicle.
(b) When a vehicle is parked or stopped upon a roadway or
shoulder adjacent thereto, whether attended or unattended, during
the hours between a half hour after sunset and a half hour before
sunrise and there is not sufficient light to reveal any person or object
within a distance of 500 feet upon such highway, such vehicle so
parked or stopped shall be equipped with one or more lights meeting
the following requirements: at least one light shall display a white or
amber light visible from a distance of 500 feet to the front of the
vehicle, and the same light or at least one other light shall display a
red light visible from a distance of 500 feet to the rear of the vehicle;
and the location of such light or lights shall always be such that at
least one light or combination of lights meeting the requirements of
this Code section is installed as near as practicable to the side of the
vehicle which is closest to passing traffic. This subsection shall not
apply to a motor-driven cycle.
GEORGIA LAWS 1982 SESSION
175
(c) If a vehicle is manufactured with two lights meeting the
requirements of subsection (b) of this Code section, both such lights
shall be maintained in good working order.
(d) Any lighted headlights upon a parked vehicle shall be
depressed or dimmed.
68E-210. (a) Any motor vehicle may be equipped with not to
exceed one spotlight, and every lighted spotlight shall not be aimed
and used upon any approaching vehicle. It shall be unlawful for any
person except law enforcement officers and persons licensed by the
Georgia Board of Private Detectives and Security Agencies to operate
a spotlight from any moving vehicle on any highway or public
roadway.
(b) Any motor vehicle may be equipped with not to exceed two
foglights mounted on the front at a height not less than 12 inches nor
more than 30 inches above the level surface upon which the vehicle
stands and so aimed that when the vehicle is not loaded none of the
high intensity portion of the light to the left of the center of the
vehicle shall at a distance of 25 feet ahead project higher than a level
of four inches below the level of the center of the light from which it
comes.
(c) Any motor vehicle may be equipped with not to exceed one
auxiliary passing light mounted on the front at a height not less than
24 inches nor more than 42 inches above the level surface upon which
the vehicle stands, and every such auxiliary passing light shall meet
the requirements and limitations set forth in this title.
(d) Any motor vehicle may be equipped with not to exceed one
auxiliary driving light mounted on the front at a height not less than
16 inches nor more than 42 inches above the level surface upon which
the vehicle stands, and every such auxiliary driving light shall meet
the requirements and limitations set forth in this title.
68E-211. Except as hereinafter provided in this chapter, the
headlights or the auxiliary driving light or the auxiliary passing light
or combination thereof on motor vehicles other than motorcycles or
motor-driven cycles shall be so arranged that the driver may select at
will between distributions of light projected to different elevations,
and such lights may, in addition, be so arranged that such selection
can be made automatically, subject to the following limitations:
176
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) There shall be an uppermost distribution of light, or
composite beam, so aimed and of such intensity as to reveal
persons and vehicles at a distance of at least 350 feet ahead for all
conditions of loading;
(2) There shall be a lowermost distribution of light, or
composite beam, so aimed and of sufficient intensity to reveal
persons and vehicles at a distance of at least 100 feet ahead; and on
a straight level road under any condition of loading none of the
high intensity portion of the beam shall be directed to strike the
eyes of an approaching driver;
(3) Every new motor vehicle other than a motorcycle or a
motor-driven cycle registered in this state which has multiple-
beam road lighting equipment shall be equipped with a beam
indicator, which shall be lighted whenever the uppermost distri-
bution of light from the headlights is in use, and shall not
otherwise be lighted. Such indicator shall be so designed and
located that when lighted it will be readily visible without glare to
the driver of the vehicle so equipped.
68E-212. Whenever a motor vehicle is being operated on a
roadway or shoulder adjacent thereto during the times specified in
Code Section 68E-201, the driver shall use a distribution of light, or
composite beam, directed high enough and of sufficient intensity to
reveal persons and vehicles at a safe distance in advance of the
vehicle, subject to the following requirements and limitations:
(1) Whenever a driver of a vehicle approaches an oncoming
vehicle within 500 feet, such driver shall use a distribution of light,
or composite beam, so aimed that the glaring rays are not pro-
jected into the eyes of the oncoming driver. The lowermost
distribution of light, or composite beam, specified in paragraph (2)
of Code Section 68E-211 shall be deemed to avoid glare at all
times, regardless of road contour and loading;
(2) Whenever the driver of a vehicle follows another
vehicle within 200 feet to the rear, except when engaged in the act
of overtaking and passing, such driver shall use a distribution of
light permissible under this chapter other than the uppermost
distribution of light specified in paragraph (1) of Code Section
68E-211.
GEORGIA LAWS 1982 SESSION
177
68E-213. Any automobile operated by a rural mail carrier for the
purpose of delivering mail shall be authorized to display two amber-
colored lights so as to warn approaching travelers to decrease their
speed because of the danger of colliding with such mail carrier as he
stops and starts along the edge of the highway. Such amber lights
should be visible under normal atmospheric conditions from a
distance of 500 feet to the front of such vehicle.
68E-214. Every farm tractor equipped with an electric lighting
system shall at all times mentioned in Code Section 68E-201 display a
red taillight and either multiple-beam or single-beam road lighting
equipment meeting the requirements of Code Sections 68E-243 and
68E-211, respectively.
68E-215. The color in all lighting equipment covered in this title
shall be in accordance with Society of Automotive Engineers (SAE)
Standard J578, April, 1965, as thereafter revised or amended.
Chapter 68E-3. Brakes
68E-301. (a) Every motor vehicle, other than a motorcycle or
motor-driven cycle, when operated upon a highway shall be equipped
with brakes adequate to control the movement of and to stop and
hold such vehicle, including two separate means of applying the
brakes, each of which means shall be effective to apply the brakes to
at least two wheels. If these two separate means of applying the
brakes are connected in any way, they shall be so constructed that
failure on any one part of the operating mechanism shall not leave the
motor vehicle without brakes on at least two wheels.
(b) Every motorcycle and motor-driven cycle manufactured
after January 1, 1974, when operated upon a highway, shall be
equipped with at least two brakes which may be operated by hand or
foot.
(c) Every trailer or semitrailer of 2,500 pounds gross weight or
more shall be equipped with brakes on all wheels. Any farm trailer
with two or more wheels, pulled from a tongue, used in or operated for
farm purposes, including transporting fertilizer and agricultural
materials to the farm, shall not be required to have an independent
braking system thereon, provided such farm trailer shall not weigh
over 4,000 pounds when empty.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
68E-302. (a) One of the means of brake operation shall consist
of a mechanical connection from the operating lever to the brake
shoes or bands, and this brake shall be capable of holding the vehicle
or combination of vehicles stationary under any condition of loading
on any upgrade or downgrade upon which it is operated.
(b) The brake shoes operating within or upon the drums on the
vehicle wheels of any motor vehicle may be used for both service and
hand operation.
68E-303. Every 1966 model motor vehicle and all subsequent
model motor vehicles shall be equipped with parking brakes adequate
to hold the vehicle on any grade on which it is operated, under all
conditions of loading, on a surface free from snow, ice, or loose
material. The parking brakes shall be capable of being applied in
conformance with the foregoing requirements by the drivers
muscular effort or by spring action or by equivalent means. Their
operation may be assisted by the service brakes or other source of
power, provided that failure of the service brake actuation system or
other power assisting mechanism will not prevent the parking brakes
from being applied in conformance with the foregoing requirements.
The parking brakes shall be so designed that when once applied they
shall remain applied with the required effectiveness despite
exhaustion of any source of energy or leakage of any kind. The same
brake drums, brake shoes and lining assemblies, brake shoe anchors,
and mechanical brake shoe actuation mechanism normally associated
with the wheel brake assemblies may be used for both the service
brakes and the parking brakes. If the means of applying the parking
brakes and the service brakes are connected in any way, they shall be
so constructed that failure of any one part shall not leave the vehicle
without operative brakes.
68E-304. Every motor vehicle or combination of motor-drawn
vehicles shall be capable of all times and under all conditions of
loading, of being stopped on a dry, smooth, level road free from loose
material, upon application of the service (foot) brake within the
distances specified below, or shall be capable of being decelerated at a
sustained rate corresponding to these distances.
GEORGIA LAWS 1982 SESSION
179
Feet to
Stop From Deceleration
20 Miles in Feet
Per Hour Per Second
Vehicles or combinations
of vehicles having
brakes on all wheels 30 14
Vehicles or combinations
of vehicles not having
brakes on all wheels 40 10.7
68E-305. All brakes shall be maintained in good working order
and shall be so adjusted as to operate as equally as practicable with
respect to the wheels on opposite sides of the vehicle.
Chapter 68E-4. Horns, Mufflers, Mirrors, and Tires
68E-401. (a) Every motor vehicle when operated upon a high-
way shall be equipped with a horn in good working order and capable
of emitting sound audible under normal conditions from a distance of
not less than 200 feet, but no horn or other warning device shall emit
an unreasonably loud or harsh sound or a whistle. The driver of a
motor vehicle shall, when it is reasonably necessary to ensure safe
operation, give audible warning with his horn, but shall not otherwise
use such horn when upon a highway.
(b) No vehicle shall be equipped with nor shall any person use
upon a vehicle any siren, whistle, or bell except as otherwise permit-
ted in this Code section and Section 116 of an Act known as the
Uniform Act Regulating Traffic on Highways, approved January 11,
1954 (Ga. L. 1953, Nov.-Dee. Sess., p. 536), as amended.
(c) No vehicle shall be equipped with a theft alarm signal device
which is so arranged that it can be used by the driver as an ordinary
warning signal.
68E-402. (a) Every motor vehicle shall at all times be equipped
with an exhaust system, in good working order and in constant
operation, meeting the following specifications:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) The exhaust system shall include the piping leading
from the flange of the exhaust manifold to and including the
muffler or mufflers and tail pipes;
(2) The use of flexible pipe shall be prohibited except on
diesel tractors or according to manufacturers original speci-
fications;
(3) The exhaust emission point shall extend beyond the rear
or outside of the passenger compartment. The trunk shall be
considered as part of the passenger compartment;
(4) The exhaust system and its elements shall be securely
fastened, including the consideration of missing or broken hang-
ers; and
(5) There shall be no part of the exhaust system passing
through the passenger compartment, or any exposed stack so
located that any individual entering or leaving the vehicle may be
burned.
(b) The engine and power mechanism of every motor vehicle
shall be so equipped and adjusted as to prevent the escape of
excessive fumes or smoke.
(c) It shall be unlawful for any person to sell or offer for sale any
muffler which causes excessive or unusual noise or annoying smoke,
or any muffler cutout, bypass, or similar device for use on a motor
vehicle, or for any person to use, to sell, or to offer for sale any motor
vehicle equipped with any such muffler, muffler cutout, bypass, or
similar device. Any person violating this subsection shall be guilty of a
misdemeanor.
68E-403. Every motor vehicle which is so constructed or loaded
as to obstruct the drivers view to the rear thereof from the drivers
position shall be equipped with a mirror so located as to reflect to the
driver a view of the highway for a distance of at least 200 feet to the
rear of such vehicle.
68E-404. (a) No person shall drive any motor vehicle with any
sign, poster, or other nontransparent material upon the front wind-
shield, side windows, or rear windows of such vehicle which obstructs
the drivers clear view of the highway or any intersecting highway.
GEORGIA LAWS 1982 SESSION
181
(b) The windshield of every motor vehicle shall be equipped
with a device for cleaning rain, snow, or other moisture therefrom,
which device shall be so constructed as to be controlled or operated by
the driver of the vehicle.
(c) Every windshield wiper upon a motor vehicle shall be main-
tained in good working order.
(d) No opaque or solid material including, but not limited to,
cardboard, plastic, and taped glass shall be employed in lieu of a glass
windshield or window.
(e) No motor vehicle shall be operated with a windshield or rear
window having a starburst or spider webbing effect greater than three
inches by three inches.
68E-405. (a) No vehicle equipped with solid rubber tires shall
be used or transported on the highways, unless every solid rubber tire
on such vehicle shall have rubber on its entire traction surface at least
one inch thick above the edge of the flange on the entire periphery.
(b) No person shall operate or move on any highway any motor
vehicle, trailer, or semitrailer having any metal tire in contact with
the roadway.
(c) No tire on a vehicle moved on a highway shall have on its
periphery any block, stud, flange, cleat, or spike or any other
protuberance of any material other than rubber which projects
beyond the tread of the traction surface of the tire, except that it shall
be permissible to use:
(1) Farm machinery with tires having protuberances which
will not injure the highway; and
(2) Tire chains of reasonable proportions or tires equipped
with safety spike-metal studs upon any vehicle when required for
safety because of snow, ice, or other conditions tending to cause a
vehicle to skid.
(d) The Transportation Board and local authorities in their
respective jurisdictions may in their discretion issue special permits
authorizing the operation upon a highway of traction engines or
tractors having movable tracks with transverse corrugations upon the
182
GENERAL ACTS AND RESOLUTIONS, VOL. I
periphery of such movable tracks, or of farm tractors or other farm
machinery, the operation of which upon a highway would otherwise
be prohibited under this Code section.
(e) All tires:
(1) shall have not less than 2/32 inch tread measurable in all
major grooves;
(2) shall be free from any cuts, breaks, or snags on tread and
sidewall deep enough to expose body cord; and
(3) shall be free from bumps, bulges, or separations.
(f) No motor vehicle shall be operated on a public street or
highway with tires that have been marked not for highway use, for
racing purposes only, or unsafe for highway use.
(g) Retreaded tires shall not be used upon the front wheels of
buses.
68E-406. Every bus, truck, full trailer, semitrailer, and pole
trailer, with the exception of local haul pulpwood trucks and local
haul waste collection dumping trailers, shall be equipped with suit-
able metal protectors or substantial flexible flaps on the rearmost
wheels to prevent, as far as practicable, such wheels from throwing
dirt, gravel, rocks, water, or other materials on the windshields of
following vehicles. Such protectors or flaps shall have a ground
clearance of not more than one-half of the distance from the center of
the rearmost axle to the center of the protector or flap under any
conditions of loading of the vehicle and shall be at least as wide as the
tires they are covering; provided, however, that if any such bus, truck,
full trailer, semitrailer, or pole trailer is so designed and constructed
that the foregoing requirements are accomplished by means of
fenders, body construction, or other enclosures, then the protectors or
flaps provided for in this Code section shall not be required.
68E-407. (a) No new private passenger automobile manufac-
tured after January 1,1964, shall be sold to the general public in this
state unless such automobile shall be equipped with two sets of safety
belts for the front seat thereof. The safety belts may be installed by
the manufacturer prior to delivery to the dealer, or they may be
installed by the dealer.
GEORGIA LAWS 1982 SESSION
183
(b) Any person violating this Code section shall be guilty of a
misdemeanor.
68E-408. (a) As used in this Code section, the term private
passenger automobile shall mean a four-wheel motor vehicle
designed for carrying ten passengers or less, not for hire, for use on
public roads and highways, and not designed for use as a dwelling or
for camping, provided that the term private passenger automobile
shall not include a multipurpose vehicle, which is, for the purposes of
this Code section, defined as a motor vehicle, except a trailer,
designed to carry ten passengers or less and constructed either on a
truck chassis or with special features for occasional off-road opera-
tion.
(b) Every new private passenger automobile manufactured on
and after August 1,1973, which is sold or licensed in this state shall be
sold subject to the manufacturers warranty that it is equipped with
an appropriate energy absorption system conforming to all federal
motor vehicle safety standards applicable to such automobile on the
date of manufacture. The warranty may be given by means of the
federal safety standard certification label affixed to the automobile.
(c) The warranty provisions of this Code section shall not be
applicable with respect to any private passenger automobile as to
which the manufacturer files a written certification under oath with
the Department of Public Safety, on a form to be prescribed by that
department, that the particular make and model described therein
complies with the applicable standards of this Code section.
68E-409. (a) No person shall sell any motor vehicle manufac-
tured after January 1, 1954, nor shall any such motor vehicle be
registered unless such vehicle is equipped with safety glazing material
of a type approved by the commissioner of public safety wherever
glazing material is used in doors, windows, and windshields. The
provisions of this Code section shall apply to all passenger-type motor
vehicles, including passenger buses and school buses, but in respect to
trucks, including truck-tractors, the requirements as to safety glazing
material shall apply to all glazing material used in doors, windows,
and windshields in the drivers compartments of such vehicles.
(b) The term safety glazing materials means glazing materials
so constructed, treated, or combined with other materials as to reduce
substantially, in comparison with ordinary sheet glass or plate glass,
184
GENERAL ACTS AND RESOLUTIONS, VOL. I
the likelihood of injury to persons by objects from exterior sources or
by these safety glazing materials when they may be cracked or
broken.
(c) Any person engaged in the business of replacing windshields
or any side or rear windows of motor vehicles, which are subject to the
provisions of this Code section, shall not replace such windshields or
side or rear windows with any glazing material other than safety
glazing material approved by the commissioner.
(d) The commissioner of public safety shall compile and publish
a list of types of glazing materials by name approved by him as
meeting the requirements of this Code section and the commissioner
shall not register any motor vehicle which is subject to the provisions
of this Code section unless it is equipped with an approved type of
safety glazing materials, and he shall thereafter suspend the registra-
tion of any motor vehicle so subject to this Code section which he
finds is not so equipped until it is made to conform to the require-
ments of this Code section.
(e) This Code section shall not be construed to require that side
or rear windows of motor vehicles which were replaced or installed
prior to January 1, 1954, must be replaced with safety glazing
materials as provided in this Code section.
Chapter 68E-5. Inspection of School Buses
68E-501. (a) Every school bus which is defined by Ga. Code
Section 68A-101(46)(a) which is owned or operated by a state, county,
or municipal government or under contract by any independent
school system shall be inspected annually, or more frequently at the
discretion of the commissioner, under the supervision of an employee
of the Department of Public Safety.
(b) Those employees of the Department of Public Safety shall
supervise the inspection of such vehicle to determine if such vehicle
possesses in safe operating condition the equipment required by Code
Section 68A-706 and Section 89 of an Act approved January 11,1954
(Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended.
(c) If such vehicle is found to meet the equipment and safety
requirements specified in subsection (b), then the employee of the
Department of Public Safety making the inspection shall authorize
GEORGIA LAWS 1982 SESSION
185
the issuance of a Motor Vehicle Inspection Certificate of Safety
Inspection to such vehicle.
(d) If such vehicle does not meet the equipment and safety
requirements specified in subsection (b), then that vehicle shall not
be operated on the streets and highways of this state, and no Motor
Vehicle Inspection Certificate of Safety Inspection shall be issued to
such vehicle.
(e) All public school buses shall be made available for the
inspection required under this Code section and no person shall
conceal any bus required to be inspected under this Code section.
(f) The Board of Public Safety is authorized to implement any
and all provisions of this Code section by the promulgation of
necessary rules and regulations. When duly promulgated and
adopted, all rules and regulations issued pursuant to this Code section
shall have the force of law.
Section 5. All unused inspection stickers which have been
purchased for certified inspection stations shall be returned to the
Department of Public Safety not later than October 31,1982, and the
purchase price shall be refunded. The department shall have the
authority to specify the manner in which the return of the inspection
stickers and the refunds shall be made.
Part 2
Section 6. Chapter 8 of Title 40 of the Official Code of Georgia
Annotated, relating to equipment and inspection of motor vehicles, is
amended by striking Code Section 40-8-132, which reads as follows:
40-8-132. Any such device as is described in subsection (a) of
Code Section 40-8-130 shall be added to the list of equipment subject
to inspection and shall be made a part of the annual inspection of
motor vehicles required by Article 4 of this chapter. Before a valid
motor vehicle inspection sticker can be placed on a vehicle, any such
device must be repaired, replaced, or corrected so that it will be in the
original design of the manufacturer.,
in its entirety.
186
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 7. Said Chapter 8 is further amended by striking
subsection (c) of Code Section 40-8-159, which reads as follows:
(c) The commissioner may consolidate the application and
certificate of authorization pursuant to this part with the application
and certificate of authority or other station licensing procedure
established under Article 5 of this chapter, relating to the licensing or
certification of motor vehicle safety inspection stations, or with any
similar station licensing or certification procedure established under
any other law or act governing the licensing or certification of Georgia
motor vehicle safety inspection stations. The commissioner may also
consolidate the certificate of emission inspection with any certificate
of safety inspection under any such law.,
in its entirety and by redesignating subsections (d) and (e) of said
Code Section 40-8-159 as subsections (c) and (d), respectively.
Section 8. Said Chapter 8 is further amended by adding at the
end thereof a new Code Section 40-8-163 to read as follows:
40-8-163. This Part 2 (the Georgia Motor Vehicle Emission
Inspection and Maintenance Act) shall remain of force and effect
only so long as the Federal Clean Air Act (42 U.S.C. 1857, et seq., as
amended) shall require that the State of Georgia maintain and
enforce the inspection plan and program provided for in this part in
order to reduce the ambient air levels of photochemical oxidents or
carbon monoxide which exceed the levels specified by the National
Ambient Air Quality Standards for such pollutants specified by the
United States Environmental Protection Agency pursuant to said
Act. Upon the effective date of an amendment to the Federal Clean
Air Act which shall allow the State of Georgia to discontinue the
maintenance and enforcement of the inspection plan and program
provided for in this part without the imposition of sanctions against
the State of Georgia such as the loss of federal funds for sewage
treatment plants, transportation projects, and air quality improve-
ment projects, this Part 2 shall be repealed.
Section 9. Said Chapter 8 is further amended by striking Article
4, relating to motor vehicle safety inspections, in its entirety and
substituting in lieu thereof a new Article 4 to read as follows:
GEORGIA LAWS 1982 SESSION
187
Article 4
40-8-220. (a) Every school bus which is defined by paragraph (50)
of Code Section 40-1-1 which is owned or operated by a state, county,
or municipal government or under contract by any independent
school system shall be inspected annually, or more frequently at the
discretion of the commissioner of public safety, under the supervision
of an employee of the Department of Public Safety.
(b) The employee of the department shall supervise the inspec-
tion of such vehicle to determine if such vehicle possesses in safe
operating condition the equipment which is applicable to school
buses required by Parts 1 through 4 of Article 1 of this chapter and
the equipment required by Part 6 of Article 1 of this chapter.
(c) If such vehicle is found to meet the equipment and safety
requirements specified in subsection (b) of this Code section, then the
employee of the department making the inspection shall issue a
school bus certificate of safety inspection to the vehicle.
(d) If such vehicle does not meet the equipment and safety
requirements specified in subsection (b) of this Code section, then
that vehicle shall not be operated on the streets and highways of this
state, and no school bus certificate of safety inspection shall be issued
to such vehicle.
(e) All public school buses shall be made available for the
inspection required under this Code section, and no person shall
conceal any bus required to be inspected under this Code section.
(f) The Board of Public Safety is authorized to implement any
and all provisions of this Code section by the promulgation of
necessary rules and regulations. When duly promulgated and
adopted, all rules and regulations issued pursuant to this Code section
shall have the force of law.
40-8-221. Any person who violates any provision of this article
shall be guilty of a misdemeanor.
Section 10. Said Chapter 8 is further amended by striking Parts
1 through 4 of Article 1 in their entirety and inserting in lieu thereof
the following:
188
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 1
40-8-1. (a) This article shall not apply to implements of hus-
bandry, road machinery, road rollers, or farm tractors, except when
expressly made applicable. This article shall not apply to motorized
carts.
(b) Nothing in this article shall be construed to prohibit the use
of additional parts and accessories on any vehicle, which use is not
inconsistent with the provisions of this article.
40-8-2. In addition to the requirements of this article, the Public
Service Commission, as to the motor vehicles within its jurisdiction,
shall have the authority to promulgate rules designed to promote
safety. Any such rules promulgated or deemed necessary by such
commission shall include the following: every motor unit and all parts
thereof shall be maintained in a safe condition at all times. The lights,
brakes, and equipment shall meet such safety requirements as the
commission shall promulgate from time to time.
40-8-3. No vehicle or load any portion of which drags or slides on
the surface of the roadway shall be used or transported on the
highways. No vehicle shall be used or transported on the highways the
wheels of which, while being used or transported, either from con-
struction or otherwise, cause pounding on the road surface.
40-8-4. (a) It shall be unlawful for any person to operate upon
the public roads of this state any slow-moving vehicle or equipment,
any animal-drawn vehicle, or any machinery designed for use and
generally operated at speeds less than 25 miles per hour, including all
road construction or maintenance equipment and machinery except
when engaged in actual construction or maintenance procedures and
all other construction equipment and machinery, unless there is
displayed on the rear thereof an emblem which shall comply with
subsection (b) of this Code section.
(b) The emblem required by subsection (a) of this Code section
shall conform with those standards and specifications adopted for
slow-moving vehicles by the American Society of Agricultural Engi-
neers in December, 1966, and contained within such societys stan-
dard ASAE S276.1, or shall be an emblem of the same shape and size
painted on such vehicle in a bright and conspicuous retroreflective
red orange paint. Such emblem shall be mounted on the rear of such
GEORGIA LAWS 1982 SESSION
189
vehicles, in the approximate horizontal geometric center of the
vehicle, at a height of three to five feet above the roadway, and shall
be maintained at all times in a clean and reflective condition.
(c) Any person violating this Code section shall be guilty of a
misdemeanor.
(d) Nothing in this Code section shall apply to any self-pro-
pelled, two-wheeled vehicle.
40-8-5. (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 provided in this Code section.
(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) of this Code section.
(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) of this Code section.
(d) Subsections (a), (b), and (c) of this Code section shall not
apply to the disconnection of the odometer used for registering the
mileage or use of new motor vehicles being tested by the manufac-
turer prior to delivery to a franchised dealer.
(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 this Code section.
190
GENERAL ACTS AND RESOLUTIONS, VOL. I
(g) (1) In addition to any other penalty provided by law, any
person who, with intent to defraud, violates this Code 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
reasonable attorneys 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 Code sec-
tion, 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 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.
(i) Any person violating this Code section shall be guilty of a
misdemeanor.
40-8-6. (a) It shall be unlawful to alter the suspension system
of any private passenger motor vehicle which may be operated on any
public street or highway more them two inches above or below the
factory recommendation for any such vehicle.
(b) It shall be unlawful to operate any private passenger motor
vehicle upon any highway, roadway, or street if the suspension system
of such vehicle has been altered more than two inches above or below
the factory recommendation for such vehicle.
(c) It shall be unlawful to operate any motor vehicle upon any
highway, roadway, or street if the springs relative to the suspension
system are broken.
GEORGIA LAWS 1982 SESSION
191
(d) Any person violating this Code section shall be guilty of a
misdemeanor.
40-8-7. (a) No person shall drive or move on any highway any
motor vehicle, trailer, semitrailer, or pole trailer, or any combination
thereof, unless the equipment upon any and every such vehicle is in
good working order and adjustment as required in this chapter and
the vehicle is in such safe mechanical condition as not to endanger the
driver or other occupant or any person upon the highway.
(b) It is a misdemeanor for any person to drive or move, or for
the owner to cause or knowingly permit to be driven or moved on any
street or highway, any vehicle or combination of vehicles:
(1) Which is in such unsafe condition as to endanger any
person;
(2) Which does not contain those parts or is not at all times
equipped with such lights and other equipment in proper condi-
tion and adjustment as required in this chapter; or
(3) Which is equipped in any manner in violation of this
chapter.
(c) It is also a misdemeanor for any person to do any act
forbidden or fail to perform any act required under this chapter.
(d) Any vehicle suspected of being operated in violation of this
article may be the subject of an inspection conducted by any law
enforcement officer who has reason to believe such violation is
occurring, without the necessity of obtaining a warrant to permit such
inspection.
40-8-8. Every motor vehicle operated upon a public street or
highway shall be equipped with a speedometer in good working order.
Part 2
40-8-20. Every vehicle upon a highway within this state at any
time from a half hour after sunset to a half hour before sunrise and at
any time when it is raining in the driving zone and at any other time
when there is not sufficient visibility to render clearly discernible
persons and vehicles on the highway at a distance of 500 feet ahead
192
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall display lights, including headlights, and illuminating devices as
required in this part for different classes of vehicles, subject to
exceptions with respect to parked vehicles as stated in this part.
40-8-21. (a) Whenever this article declares the required
distance from which certain lights and devices shall render objects
visible or within which such lights or devices shall be visible, such
provisions shall apply during the times stated in Code Section 40-8-20
in respect to a vehicle without load when upon a straight, level,
unlighted highway under normal atmospheric conditions, unless a
different time or condition is expressly stated.
(b) Whenever this article declares the required mounted height
of lights or devices, it shall mean the distance from the center of such
light or device to the level ground upon which the vehicle stands when
such vehicle is without a load.
40-8-22. (a) Every motor vehicle other than a motorcycle or
motor-driven cycle shall be equipped with at least two but not more
than four headlights, with at least one on each side of the front of the
motor vehicle, which headlights shall comply with the requirements
and limitations set forth in this article.
(b) Every motorcycle and every motor-driven cycle shall be
equipped with at least one and not more than two headlights, which
shall comply with the requirements and limitations of this article.
(c) Every headlight upon every motor vehicle, including every
motorcycle and motor-driven cycle, shall be located at a height
measured from the center of the headlight of not more than 54 inches
nor less than 24 inches, to be measured as set forth in subsection (b) of
Code Section 40-8-21.
(d) The headlights required by this Code section shall be main-
tained in proper working condition.
(e) It shall be unlawful to operate a motor vehicle unless such
motor vehicle is equipped with aiming pads on each headlight.
40-8-23. (a) Every motor vehicle, trailer, semitrailer, and pole
trailer manufactured prior to January 1,1954, shall be equipped with
at least one tail light mounted on the rear, which when lighted as
required in this article shall emit a red light plainly visible from a
distance of 500 feet to the rear.
GEORGIA LAWS 1982 SESSION
193
(b) Every motor vehicle, trailer, semitrailer, and pole trailer
manufactured after January 1,1954, shall be equipped with two tail
lights which meet the specifications provided in this Code section.
(c) Every tail light upon every vehicle shall be located at a height
of not more than 60 inches nor less than 20 inches, to be measured as
set forth in subsection (b) of Code Section 40-8-21.
(d) Either a tail light or a separate light shall be so constructed
and placed as to illuminate with a white light the rear registration
plate and render it clearly legible from a distance of 50 feet to the rear.
Any tail light or tail lights, together with any separate light for
illuminating the rear registration plate, shall be so wired as to be
lighted whenever the head lights or auxiliary driving lights are
lighted.
(e) All lenses on tail lights shall be maintained in good repair and
shall meet manufacturers specifications.
40-8-24. (a) Every motor vehicle manufactured after March
12, 1954, and operated upon a highway, other than a truck tractor,
motorcycle, or motor-driven cycle, shall carry on the rear, either as a
part of the tail lights or separately, two red reflectors, and every
motorcycle and every motor-driven cycle shall carry on the rear at
least one red reflector, meeting the requirements of this Code section.
(b) Every such reflector shall be mounted on the vehicle at a
height not less than 20 inches nor more than 60 inches measured as set
forth in subsection (b) of Code Section 40-8-21 and shall be of such
size and characteristics and so mounted as to be visible at night from
aU distances within 300 feet to 50 feet from the rear of such vehicle
except that visibility from the greater distance is hereinafter required
of reflectors on certain types of vehicles.
40-8-25. (a) It shall be unlawful for any person to sell any
motor vehicle manufactured after January 1, 1954, including any
motorcycle or motor-driven cycle manufactured after January 1,
1954, in this state or for any person to drive such vehicle on the
highways unless it is equipped with at least one brake light meeting
the requirements of Code Section 40-8-26.
(b) If a motor vehicle is manufactured with two brake lights,
both must be operational.
194
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) No person shall sell or offer for sale or operate on the
highways any motor vehicle, trailer, or semitrailer registered in this
state and manufactured or assembled after January 1,1954, unless it
is equipped with mechanical or electrical turn signals meeting the
requirements of Code Section 40-8-26. This subsection shall not
apply to any motorcycle or motor-driven cycle manufactured prior to
January 1,1972.
40-8-26. (a) Any motor vehicle may be equipped and when
required under this article shall be equipped with the following signal
lights or devices:
(1) A brake light on the rear which shall emit a red light and
which shall be actuated upon application of the service (foot)
brake and which may but need not be incorporated with a tail
light; and
(2) A light or lights or mechanical signal device capable of
clearly indicating any intention to turn either to the right or to the
left and which shall be visible from both the front and the rear.
(b) Every brake light shall be plainly visible and understandable
from a distance of 300 feet to the rear both during normal sunlight
and at nighttime, and every signal light or lights indicating intention
to turn shall be visible and understandable during daytime and
nighttime from a distance of 300 feet from both the front and the rear.
When a vehicle is equipped with a brake light or other signal lights,
such light or lights shall at all times be maintained in good working
condition. No brake light or signal light shall project a glaring or
dazzling light.
(c) All mechanical signal devices shall be self-illuminated when
in use at the times mentioned in Code Section 40-8-20.
(d) All lenses on brake lights and signal devices shall be main-
tained in good repair and shall meet manufacturers specifications.
40-8-27. Whenever the load upon any vehicle extends to the rear
four feet or more beyond the bed or body of such vehicle, there shall
be displayed at the extreme rear end of the load, at the times specified
in Code Section 40-8-20, a red light plainly visible from a distance of
at least 500 feet to the sides and rear. The red light required under
this Code section shall be in addition to the red rear light required
GEORGIA LAWS 1982 SESSION
195
upon every vehicle. At any other time there shall be displayed at the
extreme rear end of such load a red flag or cloth not less than 12
inches square and so hung that the entire area is visible to the driver
of a vehicle approaching from the rear.
40-8-28. (a) When a vehicle is lawfully parked upon a street or
highway during the hours between a half hour after sunset and a half
hour before sunrise, and there is sufficient light to reveal any person
or object within a distance of 500 feet upon such street or highway, no
lights need be displayed upon such parked vehicle.
(b) When a vehicle is parked or stopped upon a roadway or
shoulder adjacent thereto, whether attended or unattended, during
the horns between a half hour after sunset and a half hour before
sunrise and there is not sufficient light to reveal any person or object
within a distance of 500 feet upon such highway, such vehicle so
parked or stopped shall be equipped with one or more lights meeting
the following requirements: at least one light shall display a white or
amber light visible from a distance of 500 feet to the front of the
vehicle, and the same light or at least one other light shall display a
red light visible from a distance of 500 feet to the rear of the vehicle;
and the location of such light or lights shall always be such that at
least one light or combination of lights meeting the requirements of
this Code section is installed as near as practicable to the side of the
vehicle which is closest to passing traffic. This subsection shall not
apply to a motor-driven cycle.
(c) If a vehicle is manufactured with two lights meeting the
requirements of subsection (b) of this Code section, both such lights
shall be maintained in good working order.
(d) Any lighted headlights upon a parked vehicle shall be
depressed or dimmed.
40-8-29. (a) Any motor vehicle may be equipped with not to
exceed one spotlight, and every lighted spotlight shall not be aimed
and used upon any approaching vehicle. It shall be unlawful for any
person except law enforcement officers and persons licensed under
Chapter 43-38 to operate a spotlight from any moving vehicle on any
highway or public roadway.
(b) Any motor vehicle may be equipped with not to exceed two
foglights mounted on the front at a height not less than 12 inches nor
196
GENERAL ACTS AND RESOLUTIONS, VOL. I
more than 30 inches above the level surface upon which the vehicle
stands and so aimed that when the vehicle is not loaded none of the
high intensity portion of the light to the left of the center of the
vehicle shall at a distance of 25 feet ahead project higher than a level
of four inches below the level of the center of the light from which it
comes.
(c) Any motor vehicle may be equipped with not to exceed one
auxiliary passing light mounted on the front at a height not less than
24 inches nor more than 42 inches above the level surface upon which
the vehicle stands, and every such auxiliary passing light shall meet
the requirements and limitations set forth in this article.
(d) Any motor vehicle may be equipped with not to exceed one
auxiliary driving light mounted on the front at a height not less than
16 inches nor more than 42 inches above the level surface upon which
the vehicle stands, and every such auxiliary driving light shall meet
the requirements and limitations set forth in this article.
40-8-30. Except as hereinafter provided in this part, the head-
lights or the auxiliary driving light or the auxiliary passing light or
combination thereof on motor vehicles other than motorcycles or
motor-driven cycles shall be so arranged that the driver may select at
will between distributions of light projected to different elevations,
and such lights may, in addition, be so arranged that such selection
can be made automatically, subject to the following limitations:
(1) There shall be an uppermost distribution of light, or
composite beam, so aimed and of such intensity as to reveal
persons and vehicles at a distance of at least 350 feet ahead for all
conditions of loading;
(2) There shall be a lowermost distribution of light, or
composite beam, so aimed and of sufficient intensity to reveal
persons and vehicles at a distance of at least 100 feet ahead; and on
a straight level road under any condition of loading none of the
high intensity portion of the beam shall be directed to strike the
eyes of an approaching driver;
(3) Every new motor vehicle other than a motorcycle or a
motor-driven cycle registered in this state which has multiple-
beam road lighting equipment shall be equipped with a beam
indicator, which shall be lighted whenever the uppermost distri-
GEORGIA LAWS 1982 SESSION
197
bution of light from the headlights is in use, and shall not
otherwise be lighted. Such indicator shall be so designed and
located that when lighted it will be readily visible without glare to
the driver of the vehicle so equipped.
40-8-31. Whenever a motor vehicle is being operated on a road-
way or shoulder adjacent thereto during the times specified in Code
Section 40-8-20, the driver shall use a distribution of light, or compos-
ite beam, directed high enough and of sufficient intensity to reveal
persons and vehicles at a safe distance in advance of the vehicle,
subject to the following requirements and limitations:
(1) Whenever a driver of a vehicle approaches an oncoming
vehicle within 500 feet, such driver shall use a distribution of light,
or composite beam, so aimed that the glaring rays are not pro-
jected into the eyes of the oncoming driver. The lowermost
distribution of light, or composite beam, specified in paragraph (2)
of Code Section 40-8-30 shall be deemed to avoid glare at all times,
regardless of road contour and loading;
(2) Whenever the driver of a vehicle follows another vehicle
within 200 feet to the rear, except when engaged in the act of
overtaking and passing, such driver shall use a distribution of light
permissible under this chapter other than the uppermost distribu-
tion of light specified in paragraph (1) of Code Section 40-8-30.
40-8-32. Any automobile operated by a rural mail carrier for the
purpose of delivering mail shall be authorized to display two amber-
colored lights so as to warn approaching travelers to decrease their
speed because of the danger of colliding with such mail carrier as he
stops and starts along the edge of the highway. Such amber lights
should be visible under normal atmospheric conditions from a
distance of 500 feet to the front of such vehicle.
40-8-33. Every farm tractor equipped with an electric lighting
system shall at all times mentioned in Code Section 40-8-20 display a
red taillight and either multiple-beam or single-beam road lighting
equipment meeting the requirements of Code Sections 40-8-23 and
40-8-30, respectively.
40-8-34. The color in all lighting equipment covered in this title
shall be in accordance with Society of Automotive Engineers (SAE)
Standard J578, April, 1965, as thereafter revised or amended.
198
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
40-8-50. (a) Every motor vehicle, other than a motorcycle or
motor-driven cycle, when operated upon a highway shall be equipped
with brakes adequate to control the movement of and to stop and
hold such vehicle, including two separate means of applying the
brakes, each of which means shall be effective to apply the brakes to
at least two wheels. If these two separate means of applying the
brakes are connected in any way, they shall be so constructed that
failure on any one part of the operating mechanism shall not leave the
motor vehicle without brakes on at least two wheels.
(b) Every motorcycle and motor-driven cycle manufactured
after January 1, 1974, when operated upon a highway, shall be
equipped with at least two brakes which may be operated by hand or
foot.
(c) Every trailer or semitrailer of 2,500 pounds gross weight or
more shall be equipped with brakes on all wheels. Any farm trailer
with two or more wheels, pulled from a tongue, used in or operated for
farm purposes, including transporting fertilizer and agricultural
materials to the farm, shall not be required to have an independent
braking system thereon, provided such farm trailer shall not weigh
over 4,000 pounds when empty.
40-8-51. (a) One of the means of brake operation shall consist
of a mechanical connection from the operating lever to the brake
shoes or bands, and this brake shall be capable of holding the vehicle
or combination of vehicles stationary under any condition of loading
on any upgrade or downgrade upon which it is operated.
(b) The brake shoes operating within or upon the drums on the
vehicle wheels of any motor vehicle may be used for both service and
hand operation.
40-8-52. Every 1966 model motor vehicle and all subsequent
model motor vehicles shall be equipped with parking brakes adequate
to hold the vehicle on any grade on which it is operated, under all
conditions of loading, on a surface free from snow, ice, or loose
material. The parking brakes shall be capable of being applied in
conformance with the foregoing requirements by the drivers
muscular effort or by spring action or by equivalent means. Their
operation may be assisted by the service brakes or other source of
GEORGIA LAWS 1982 SESSION
199
power, provided that failure of the service brake actuation system or
other power assisting mechanism will not prevent the parking brakes
from being applied in conformance with the foregoing requirements.
The parking brakes shall be so designed that when once applied they
shall remain applied with the required effectiveness despite
exhaustion of any source of energy or leakage of any kind. The same
brake drums, brake shoes and lining assemblies, brake shoe anchors,
and mechanical brake shoe actuation mechanism normally associated
with the wheel brake assemblies may be used for both the service
brakes and the parking brakes. If the means of applying the parking
brakes and the service brakes are connected in any way, they shall be
so constructed that failure of any one part shall not leave the vehicle
without operative brakes.
40-8-53. Every motor vehicle or combination of motor-drawn
vehicles shall be capable of all times and under all conditions of
loading, of being stopped on a dry, smooth, level road free from loose
material, upon application of the service (foot) brake within the
distances specified below, or shall be capable of being decelerated at a
sustained rate corresponding to these distances.
Feet to
Stop From Deceleration
20 Miles in Feet
Per Hour Per Second
Vehicle or combinations
of vehicles having
brakes on all wheels 30 14
Vehicles or combinations
of vehicles not having
brakes on all wheels 40 10.7
40-8-54. All brakes shall be maintained in good working order
and shall be so adjusted as to operate as equally as practicable with
respect to the wheels on opposite sides of the vehicle.
Part 4
40-8-70. (a) Every motor vehicle when operated upon a high-
way shall be equipped with a horn in good working order and capable
of emitting sound audible under normal conditions from a distance of
200
GENERAL ACTS AND RESOLUTIONS, VOL. I
not less than 200 feet, but no horn or other warning device shall emit
an unreasonably loud or harsh sound or a whistle. The driver of a
motor vehicle shall, when it is reasonably necessary to ensure safe
operation, give audible warning with his horn, but shall not otherwise
use such horn when upon a highway.
(b) No vehicle shall be equipped with nor shall any person use
upon a vehicle any siren, whistle, or bell except as otherwise permit-
ted in this Code section and Code Section 40-8-94.
(c) No vehicle shall be equipped with a theft alarm signal device
which is so arranged that it can be used by the driver as an ordinary
warning signal.
40-8-71. (a) Every motor vehicle shall at all times be equipped
with an exhaust system, in good working order and in constant
operation, meeting the following specifications:
(1) The exhaust system shall include the piping leading
from the flange of the exhaust manifold to and including the
muffler or mufflers and tail pipes;
(2) The use of flexible pipe shall be prohibited except on
diesel tractors or according to manufacturers original speci-
fications;
(3) The exhaust emission point shall extend beyond the rear
or outside of the passenger compartment. The trunk shall be
considered as part of the passenger compartment;
(4) The exhaust system and its elements shall be securely
fastened, including the consideration of missing or broken hang-
ers; and
(5) There shall be no part of the exhaust system passing
through the passenger compartment, or any exposed stack so
located that any individual entering or leaving the vehicle may be
burned.
(b) The engine and power mechanism of every motor vehicle
shall be so equipped and adjusted as to prevent the escape of
excessive fumes or smoke.
GEORGIA LAWS 1982 SESSION
201
(c) It shall be unlawful for any person to sell or offer for sale any
muffler which causes excessive or unusual noise or annoying smoke,
or any muffler cutout, bypass, or similar device for use on a motor
vehicle, or for any person to use, to sell, or to offer for sale any motor
vehicle equipped with any such muffler, muffler cutout, bypass, or
similar device. Any person violating this subsection shall be guilty of a
misdemeanor.
40-8-72. Every motor vehicle which is so constructed or loaded
as to obstruct the drivers view to the rear thereof from the drivers
position shall be equipped with a mirror so located as to reflect to the
driver a view of the highway for a distance of at least 200 feet to the
rear of such vehicle.
40-8-73. (a) No person shall drive any motor vehicle with any
sign, poster, or other nontransparent material upon the front wind-
shield, side windows, or rear windows of such vehicle which obstructs
the drivers clear view of the highway or any intersecting highway.
(b) The windshield of every motor vehicle shall be equipped
with a device for cleaning rain, snow, or other moisture therefrom,
which device shall be so constructed as to be controlled or operated by
the driver of the vehicle.
(c) Every windshield wiper upon a motor vehicle shall be main-
tained in good working order.
(d) No opaque or solid material including, but not limited to,
cardboard, plastic, and taped glass shall be employed in lieu of a glass
windshield or window.
(e) No motor vehicle shall be operated with a windshield or rear
window having a starburst or spider webbing effect greater than three
inches by three inches.
40-8-74. (a) No vehicle equipped with solid rubber tires shall
be used or transported on the highways, unless every solid rubber tire
on such vehicle shall have rubber on its entire traction surface at least
one inch thick above the edge of the flange on the entire periphery.
(b) No person shall operate or move on any highway any motor
vehicle, trailer, or semitrailer having any metal tire in contact with
the roadway.
202
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) No tire on a vehicle moved on a highway shall have on its
periphery any block, stud, flange, cleat, or spike or any other
protuberance of any material other than rubber which projects
beyond the tread of the traction surface of the tire, except that it shall
be permissible to use:
(1) Farm machinery with tires having protuberances which
will not injure the highway; and
(2) Tire chains of reasonable proportions or tires equipped
with safety spike-metal studs upon any vehicle when required for
safety because of snow, ice, or other conditions tending to cause a
vehicle to skid.
(d) The Transportation Board and local authorities in their
respective jurisdictions may in their discretion issue special permits
authorizing the operation upon a highway of traction engines or
tractors having movable tracks with transverse corrugations upon the
periphery of such movable tracks, or of farm tractors or other farm
machinery, the operation of which upon a highway would otherwise
be prohibited under this Code section.
(e) All tires:
(1) Shall have not less than 2/32 inch tread measurable in all
major grooves;
(2) Shall be free from any cuts, breaks, or snags on tread and
sidewall deep enough to expose body cord; and
(3) Shall be free from bumps, bulges, or separations.
(f) No motor vehicle shall be operated on a public street or
highway with tires that have been marked not for highway use, for
racing purposes only, or unsafe for highway use.
(g) Retreaded tires shall not be used upon the front wheels of
buses.
40-8-75. Every bus, truck, full trailer, semitrailer, and pole
trailer, with the exception of local haul pulpwood trucks and local
haul waste collection dumping trailers, shall be equipped with suit-
able metal protectors or substantial flexible flaps on the rearmost
GEORGIA LAWS 1982 SESSION
203
wheels to prevent, as far as practicable, such wheels from throwing
dirt, gravel, rocks, water, or other materials on the windshields of
following vehicles. Such protectors or flaps shall have a ground
clearance of not more than one-half of the distance from the center of
the rearmost axle to the center of the protector or flap under any
conditions of loading of the vehicle and shall be at least as wide as the
tires they are covering; provided, however, that if any such bus, truck,
full trailer, semitrailer, or pole trailer is so designed and constructed
that the foregoing requirements are accomplished by means of
fenders, body construction, or other enclosures, then the protectors or
flaps provided for in this Code section shall not be required.
40-8-76. (a) No new private passenger automobile manufac-
tured after January 1,1964, shall be sold to the general public in this
state unless such automobile shall be equipped with two sets of safety
belts for the front seat thereof. The safety belts may be installed by
the manufacturer prior to delivery to the dealer, or they may be
installed by the dealer.
(b) Any person violating this Code section shall be guilty of a
misdemeanor.
40-8-77. (a) As used in this Code section, the term private
passenger automobile shall mean a four-wheel motor vehicle
designed for carrying ten passengers or less, not for hire, for use on
public roads and highways, and not designed for use as a dwelling or
for camping, provided that the term private passenger automobile
shall not include a multipurpose vehicle, which is, for the purposes of
this Code section, defined as a motor vehicle, except a trailer,
designed to carry ten passengers or less and constructed either on a
truck chassis or with special features for occasional off-road opera-
tion.
(b) Every new private passenger automobile manufactured on
and after August 1,1973, which is sold or licensed in this state shall be
sold subject to the manufacturers warranty that it is equipped with
an appropriate energy absorption system conforming to all federal
motor vehicle safety standards applicable to such automobile on the
date of manufacture. The warranty may be given by means of the
federal safety standard certification label affixed to the automobile.
(c) The warranty provisions of this Code section shall not be
applicable with respect to any private passenger automobile as to
204
GENERAL ACTS AND RESOLUTIONS, VOL. I
which the manufacturer files a written certification under oath with
the Department of Public Safety, on a form to be prescribed by that
department, that the particular make and model described therein
complies with the applicable standards of this Code section.
40-8-78. (a) No person shall sell any motor vehicle manufac-
tured after January 1, 1954, nor shall any such motor vehicle be
registered unless such vehicle is equipped with safety glazing material
of a type approved by the commissioner of public safety wherever
glazing material is used in doors, windows, and windshields. The
provisions of this Code section shall apply to all passenger-type motor
vehicles, including passenger buses and school buses, but in respect to
trucks, including truck-tractors, the requirements as to safety glazing
material shall apply to all glazing material used in doors, windows,
and windshields in the drivers compartments of such vehicles.
(b) The term safety glazing materials means glazing materials
so constructed, treated, or combined with other materials as to reduce
substantially, in comparison with ordinary sheet glass or plate glass,
the likelihood of injury to persons by objects from exterior sources or
by these safety glazing materials when they may be cracked or
broken.
(c) Any person engaged in the business of replacing windshields
or any side or rear windows of motor vehicles, which are subject to the
provisions of this Code section, shall not replace such windshields or
side or rear windows with any glazing material other than safety
glazing material approved by the commissioner.
(d) The commissioner of public safety shall compile and publish
a list of types of glazing materials by name approved by him as
meeting the requirements of this Code section and the commissioner
shall not register any motor vehicle which is subject to the provisions
of this Code section unless it is equipped with an approved type of
safety glazing materials, and he shall thereafter suspend the registra-
tion of any motor vehicle so subject to this Code section which he
finds is not so equipped until it is made to conform to the require-
ments of this Code section.
(e) This Code section shall not be construed to require that side
or rear windows of motor vehicles which were replaced or installed
prior to January 1, 1954, must be replaced with safety glazing
materials as provided in this Code section.
GEORGIA LAWS 1982 SESSION
205
Part 3
Section 11. The General Assembly finds that properly equipped
and serviced vehicles contribute to the public welfare and safety of
the citizens of Georgia through the reduction of motor vehicle acci-
dents resulting from mechanical failure. The General Assembly also
finds that it is the responsibility of all motorists to maintain their
motor vehicles in proper working condition. It is the intent of this Act
to encourage all citizens to maintain their motor vehicles in safe
operating condition. It is furthermore the intent of this Act to
encourage the Department of Human Resources to promulgate rules
and regulations specifying minimum safety standards for motor
vehicles used to transport persons to and from day care centers or
child care centers licensed by said department.
Section 12. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon the approval of the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 13. All laws and parts of laws in conflict with this Act
are repealed.
Approved February 26,1982.
206
GENERAL ACTS AND RESOLUTIONS, VOL. I
SUPPLEMENTAL APPROPRIATIONS ACT.
No. 847 (House Bill No. 1235).
AN ACT
To amend an Act providing appropriations for
the fiscal year 1981-82, known as the General
Appropriations Act, approved April 9, 1981 (Ga.
Laws 1981, p. 1036), so as to change certain appro-
priations for the fiscal year 1981-82; to amend an
Act providing a supplementary appropriation for
the State Fiscal Year ending June 30, 1982,
approved January 19,1982, known as Act 829, so as
to amend the appropriations made therein; to
make language and other changes; to provide an
effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing appropriations
for the fiscal year 1981-82, known as the General
Appropriations Act, approved April 9, 1981 (Ga.
Laws 1981, p. 1036), is amended by striking the
following:
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch.
Budget Unit: Legislative Branch..................$ 15,828,133
Operations..................................$ 15,828,133
Total Funds Budgeted........................$ 15,828,133
State Funds Budgeted........................$ 15,828,133
Budget Unit Object Classes:
Operations..................................$ 15,828,133
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
GEORGIA LAWS 1982 SESSION
207
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; 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.
208
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Department of Audits.
Budget Unit: Department of Audits.............$ 5,149,264
1. Operations................................$ 4,799,264
Total Funds Budgeted.......................$ 4,799,264
State Funds Budgeted.......................$ 4,799,264
2. Tax Ratio Study...........................$ 350,000
Total Funds Budgeted.......................$ 350,000
State Funds Budgeted..................... $ 350,000
Budget Unit Object Classes:
Operations.................................$ 4,799,264
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...................$ 2,208,582
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.-Dec. 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
GEORGIA LAWS 1982 SESSION
209
Section 4. Superior Courts.
Budget Unit: Superior Courts................
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 appropri-
ation 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 $97,000 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, $424,371 is designated
and committed for the Prosecuting Attorneys
Council for operations and $73,998 is designated
and committed for the Sentence Review Panel,
and $63,078 is designated and committed for the
Probation Advisory Council.
17,972,417
210
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 $12,000 per annum for
each additional Emeritus position established
during the fiscal year.
Total Positions Budgeted
Section 6. Administrative Office of
the Courts.
Budget Unit: Administrative Office
of the Courts.................
Administrative Office of the
Courts..............................
Institute for Continuing
Judicial Education..................
Total Funds Budgeted..................
State Funds Budgeted..................
Total Positions Budgeted
For the cost of operating the Administrative
Office of the Courts and for the cost of operating
the Institute for Continuing Judicial Education.
Section 7. Appellate Court Reports.
Budget Unit: Court Reports................
458
2,499,016
54
744,022
541,742
202,280
744,022
744,022
20
211,000
GEORGIA LAWS 1982 SESSION 211
For the cost of purchasing and distributing the
reports (decisions) of the appellate courts to
Judges, District Attorneys, Clerks and others as
required by Code Chapter 90-2.
Total Positions Budgeted 0
Section 8. Judicial Qualifications
Commission.
Budget Unit: Judicial Qualifications
Commission.........................$ 49,760
For the cost of operating the Judicial Qualifica-
tions Commission.
Total Positions Budgeted 0
Section 9. Board of Court Reporting.
Budget Unit:...................................$ 14,123
For the cost of operating the Board of Court
Reporting.
Total Positions Budgeted 1
Section 10. Council of Juvenile
Court Judges.
Budget Unit:...................................$ 97,592
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:...................................$ 12,700
For the cost of operating the Georgia Justice
Courts Training Council.
Total Positions Budgeted 0
212
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 12. Georgia Judicial Administrative
Districts.
Budget Unit:.................................$
For the cost of operating the Georgia Judicial
Administrative Districts.
Total Positions Budgeted
PART III.
EXECUTIVE BRANCH
Section 13. Department of Administrative
Services.
A. Budget Unit: Department of
Administrative Services..........$
1. State Properties Commission Budget:
Personal Services.......................$
Regular Operating Expenses..............$
Travel..................................$
Motor Vehicle Equipment Purchases.......$
Publications and Printing...............$
Equipment Purchases.....................$
Computer Charges........................$
Real Estate Rentals.....................$
Telecommunications..................... $
Per Diem, Fees and Contracts............$
Total Funds Budgeted....................$
State Funds Budgeted....................$
Total Positions Budgeted
2. Departmental Administration Budget:
Personal Services.......................$
Regular Operating Expenses..............$
Travel..................................$
Motor Vehicle Equipment
Purchases.............................$
Publications and Printing...............$
Equipment Purchases................... $
Computer Charges........................$
Real Estate Rentals................... $
Telecommunications......................$
Per Diem, Fees and Contracts............$
496,630
20
37,581,393
208,181
7,780
3,084
-0-
500
500
-0-
12,516
3,180
13,813
249,554
249,554
6
966,064
319,538
7,291
-0-
6,200
1,450
-0-
47,221
16,170
-0-
GEORGIA LAWS 1982 SESSION
213
Direct Payments to Georgia
Building Authority for
Capital Outlay...........................$ 10,600,000
Direct Payments to Georgia
Building Authority for
Operations...............................$ 5,480
Direct Payments to Georgia
Building Authority for
Floyd Buildings Operations...............$ 2,650,000
Direct Payments to Georgia
Building Authority for
Authority Lease Rentals..................$ 850,000
Total Funds Budgeted.......................$ 15,469,414
State Funds Budgeted.......................$ 15,469,414
Total Positions Budgeted 41
3. Fiscal and Self-Insurance
Administration Budget:
Personal Services..........................$ 764,772
Regular Operating Expenses.................$ 31,480
Travel.....................................$ 5,830
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 12,000
Equipment Purchases........................$ 1,500
Computer Charges...........................$ 4,539,050
Real Estate Rentals........................$ 27,851
Telecommunications.........................$ 12,500
Per Diem, Fees and Contracts...............$ -0-
Workers Compensation......................$ -0-
State Liability Self-Insurance
Reserve..................................$ -0-
Unemployment Compensation
Reserve..................................$ 2,000,000
Public Safety Officers
Indemnification Fund.....................$ 608,800
Total Funds Budgeted.......................$ 8,003,783
State Funds Budgeted.......................$ 5,732,887
Total Positions Budgeted 30
4. Central and Surplus Property
Administration Budget:
Personal Services..........................$ 226,239
Regular Operating Expenses.................$ 160,205
214
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel.....................................$ 750
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 7,000
Equipment Purchases.............:..........$ 1,450
Computer Charges....................... $ -0-
Real Estate Rentals...................... $ 58,671
Telecommunications..................... $ 5,300
Per Diem, Fees and Contracts...............$ 800
Materials for Resale..................... $ 5,400,000
Utilities................................ $ -0-
Total Funds Budgeted.......................$ 5,860,415
State Funds Budgeted..................... $ -0-
Total Positions Budgeted 15
5. Procurement Administration Budget:
Personal Services..........................$ 1,123,995
Regular Operating Expenses.................$ 107,600
Travel................................... $ 6,888
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 29,600
Equipment Purchases........................$ 500
Computer Charges......................... $ 228,759
Real Estate Rentals........................$ 56,502
Telecommunications.........................$ 32,500
Per Diem, Fees and Contracts........-0-
Total Funds Budgeted.......................$ 1,586,344
State Funds Budgeted..................... $ 1,586,344
Total Positions Budgeted 52
6. General Services Administration
Budget:
Personal Services.................. .u....$ 284,119
Regular Operating Expenses............... $ 19,207
Travel.......................................... 5,240
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing............. ...$ 2,300
Equipment Purchases....................... $ 1,500
Computer Charges.....................:Si 14,600
Real Estate Rentals..........i.........,.$ 12,165
Telecommunications.........................$ 22,750
Per Diem, Fees and Contracts...............$ -0-
Total Funds Budgeted............................361,881
GEORGIA LAWS 1982 SESSION
215
State Funds Budgeted......................$ 67,696
Total Positions Budgeted 13
7. Real Property and Space
Management Budget:
Personal Services.........................$ 254,848
Regular Operating Expenses................$ 5,430
Travel....................................$ 925
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 400
Equipment Purchases.......................$ 500
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 17,999
Telecommunications........................$ 4,420
Per Diem, Fees and Contracts..............$ 300
Materials for Resale......................$ -0-
Total Funds Budgeted......:..............$ 284,822
State Funds Budgeted......................$ 284,822
Total Positions Budgeted 11
8. Data Processing Services Budget:
Personal Services.........................$ 15,310,272
Regular Operating Expenses................$ 1,268,077
Travel....................................$ 54,522
Motor Vehicle Equipment
Purchases...............................$ 6,950
Publications and Printing.................$ 221,975
Equipment Purchases.......................$ 248,225
Computer Charges..........................$ 299,000
Rents and Maintenance Expense.............$ 12,051,986
Real Estate Rentals.......................$ 1,029,947
Telecommunications........................$ 306,250
Payments to DOAS Fiscal
Administration..........................$ 2,270,896
Per Diem, Fees and Contracts..............$ 1,014,900
Total Funds Budgeted......................$ 34,083,000
State Funds Budgeted......................$ 9,000,000
Total Positions Budgeted 666
9. Motor Pool Services Budget:
Personal Services.........................$ 347,178
Regular Operating Expenses................$ 1,455,392
Travel....................................$ '0-
Motor Vehicle Equipment Purchases.........$ 288,000
216
GENERAL ACTS AND RESOLUTIONS, VOL. I
Publications and Printing.................$ -0-
Equipment Purchases.......................$ 30,000
Computer Charges........................ $ -0-
Real Estate Rentals.......................$ 720
Telecommunications................... $ -0-
Per Diem, Fees and Contracts..,...........$ -0-
Total Funds Budgeted......................$ 2,121,290
State Funds Budgeted.................... $ -0-
Total Positions Budgeted 23
10. Communication Services Budget:
Personal Services.........................$ 2,246,167
Regular Operating Expenses................$ 391,004
Travel....................................$ 10,062
Motor Vehicle Equipment
Purchases...............................$ 30,100
Publications and Printing.................$ 58,200
Equipment Purchases.......................$ 6,525
Computer Charges..........................$ 209,030
Real Estate Rentals.......................$ 56,348
Telecommunications........................$ 460
Per Diem, Fees and Contracts..............$ 5,000
Telephone Billings........................$ 24,943,000
Total Funds Budgeted......................$ 27,955,896
State Funds Budgeted......................$ 5,000,000
Total Positions Budgeted 106
11. Printing Services Budget:
Personal Services.........................$ 1,277,063
Regular Operating Expenses................$ 1,647,093
Travel............................................ -0-
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ -0-
Equipment Purchases.......................$ 38,800
Computer Charges..................... ...$ -0-
Real Estate Rentals..................... $ 122,900
Telecommunications........................$ -0-
Materials for Resale......................... 400,000
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 3,485,856
State Funds Budgeted.................... $ -0-
Total Positions Budgeted 71
GEORGIA LAWS 1982 SESSION
217
12. Surplus Property Services Budget:
Personal Services..........................$ 725,669
Regular Operating Expenses.................$ 291,900
Travel.....................................$ 25,300
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 11,300
Equipment Purchases........................$ 700
Computer Charges...........................$ 41,000
Real Estate Rentals........................$ 6,596
Telecommunications.........................$ 11,750
Materials for Resale.......................$ 25,000
Per Diem, Fees and Contracts...............$ 11,500
Utilities..................................$ 23,980
Total Funds Budgeted.......................$ 1,174,695
State Funds Budgeted.......................$ 182,776
Toteil Positions Budgeted 44
13. Mail and Courier Services Budget:
Personal Services..........................$ 131,574
Regular Operating Expenses.................$ 112,823
Travel.....................................$ -0-
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 8,500
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 2,239
Telecommunications.........................$ 1,550
Materials for Resale.......................$ -0-
Per Diem, Fees and Contracts...............$ -0-
Total Funds Budgeted.......................$ 256,686
State Funds Budgeted.......................$ 7,900
Total Positions Budgeted 10
14. Self-Insurance Services Budget:
Personal Services..........................$ 505,029
Regular Operating Expenses.................$ 23,677
Travel.....................................$ 24,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 2,000
Equipment Purchases........................$ -0-
Computer Charges...........................$ 55,000
Real Estate Rentals........................$ 26,227
Telecommunications.........................$ 9,500
Materials for Resale.......................$ -0-
218
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts...............$ 32,000
Total Funds Budgeted.......................$ 677,933
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 22
Budget Unit Object Classes:
Personal Services..........................$ 24,371,170
Regular Operating Expenses.................$ 5,841,206
Travel.....................................$ 144,392
Motor Vehicle Equipment
Purchases................................$ 325,050
Publications and Printing................ $ 351,475
Equipment Purchases........................$ 340,150
Computer Charges...........................$ 5,386,439
Real Estate Rentals........................$ 1,477,902
Telecommunications.........................$ 426,330
Per Diem, Fees and Contracts...............$ 1,078,313
Rents and Maintenance Expense..............$ 12,051,986
Utilities..................................$ 23,980
Workers Compensation......................$ -0-
Payments to DOAS Fiscal
Administration...........................$ 2,270,896
Direct Payments to Georgia
Building Authority for
Operations...............................$ 5,480
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...............$ 2,650,000
State Liability Self-Insurance
Reserve..................................$ -0-
Telephone Billings.........................$ 24,943,000
Materials for Resale.......................$ 5,825,000
Public Safety Officers
Indemnity Fund...........................$ 608,800
GEORGIA LAWS 1982 SESSION
219
Unemployment Compensation
Reserve...................................$ 2,000,000
Total Positions Budgeted 1,110
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.......
Data Processing Service
Motor Pool Service.....
Communication Services
Printing Services......
Total..................
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 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
,$ 361,881
,$ 34,083,000
,$ 2,121,290
.$ 27,955,896
.$ 3,485,856
.$ 68,007,923
220
GENERAL ACTS AND RESOLUTIONS, VOL. I
appropriations Act, unless funds are available for
this purpose in the user agencies.
Provided, however, the Department is autho-
rized to construct from available funds a surplus
property storage facility adjacent to the current
facility in Swainsboro, the cost not to exceed
$22,000.
B. Budget Unit: Georgia Building
Authority..................... $ -0-
1. Georgia Building Authority
Budget:
Personal Services.........................$ 8,772,085
Regular Operating Expenses................$ 2,113,171
Travel....................................$ 3,500
Motor Vehicle Equipment
Purchases.....................|........$ -0-
Publications and Printing.................$ 30,000
Equipment Purchases.......................$ 90,000
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 40,000
Per Diem, Fees and Contracts..............$ 89,000
Capital Outlay......................,....$ 10,600,000
Authority Lease Rentals...................$ 1,039,500
Utilities.................................$ 3,300,000
Facilities Renovations
and Repairs.............................$ -0-
Total Funds Budgeted......................$ 26,077,256
State Funds Budgeted......................$ -0,-'
Total Positions Budgeted 419
2. Operations of Floyd Building
Budget:
Personal Services....................... $ 659,225
Regular Operating Expenses................$ 350,000
Travel....................................$ -O
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ -0-
Equipment Purchases.......................$ 20,000
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ -0-
GEORGIA LAWS 1982 SESSION
221
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..........................$ 9,431,310
Regular Operating Expenses.................$ 2,463,171
Travel.....................................$ 3,500
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 30,000
Equipment Purchases........................$ 110,000
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 40,000
Per Diem, Fees and Contracts...............$ 89,000
Capital Outlay.............................$ 10,600,000
Authority Lease Rentals....................$ 1,039,500
Utilities..................................$ 4,600,000
Facilities Renovations
and Repairs..............................$ -0-
Total Positions Budgeted 507
Authorized Motor Vehicles 39
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.
222
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 14. Department of Agriculture.
A. Budget Unit: Department of
Agriculture............................$ 21,361,941
1. Plant Industry Budget:
Personal Services.............................$ 3,337,355
Regular Operating Expenses....................$ 342,406
Travel..................................$ 125,267
Motor Vehicle Equipment Purchases.............$ 59,803
Publications and Printing.....................$ 26,000
Equipment Purchases...........................$ 87,030
Computer Charges.............................$ -0*
Real Estate Rentals...........................$ 5,178
Telecommunications............................$ 41,550
Per Diem, Fees and Contracts............-..$ 600
Total Funds Budgeted..........................$ 4,025,189
State Funds Budgeted.............................3,528,894
Total Positions Budgeted 188
2. Animal Industry Budget:
Personal Services................................1,124,760
Regular Operating Expenses....................$ 114,275
Travel....................................$ 39,705
Motor Vehicle Equipment Purchases.............$ -0-
Publications and Printing.....................$ 10,000
Equipment Purchases...........................$ 2,700
Computer Charges..............................$ *0*
Real Estate Rentals......................... $ -0-
Telecommunications............................$ 45,650
Per Diem, Fees and Contracts................ $ 75,000
Athens Veterinary Laboratory
Contract................................ $ 421,000
Tifton Veterinary Laboratory
Contract....................................$ 764,170
Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton,
Douglas, Oakwood, Royston,
Statesboro and Tifton.......................$ 878,000
Veterinary Fees...............................$ 525,000
Indemnities................................. $ 75,000
Capital Outlay............................ $ *0*
Total Funds Budgeted....................... $ 4,075,260
State Funds Budgeted....;.^...................$ 3,760,711
Total Positions Budgeted 56
GEORGIA LAWS 1982 SESSION
223
3. Marketing Budget:
Personal Services.........................$ 850,279
Regular Operating Expenses................$ 128,485
Travel....................................$ 51,208
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 19,980
Equipment Purchases.......................$ 8,100
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........:...............$ 37,500
Per Diem, Fees and Contracts..............$ 31,600
Advertising...............................$ 55,000
Major Repairs and Maintenance
Projects at Major and Minor
Markets.................................$ 35,000
Total Funds Budgeted......................$ 1,217,152
State Funds Budgeted......................$ 1,205,902
Total Positions Budgeted 42
4. Major Markets Budget:
Personal Services.........................$ 1,788,782
Regular Operating Expenses................$ 721,000
Travel....................................$ 11,569
Motor Vehicle Equipment Purchases.........$ 14,000
Publications and Printing.................$ 7,000
Equipment Purchases.......................$ 17,000
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 36,000
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......................$ 3,199,751
State Funds Budgeted......................$ 774,751
Total Positions Budgeted 115
5. General Agricultural Field
Forces Budget:
Personal Services.........................$ 1,916,789
Regular Operating Expenses................$ 106,097
Travel....................................$ 176,709
Motor Vehicle Equipment Purchases.........$ 51,200
224
GENERAL ACTS AND RESOLUTIONS, VOL. I
Publications and Printing..................$ 4,000
Equipment Purchases........................$ 3,000
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 3,600
Telecommunications.........................$ 16,400
Per Diem, Fees and Contracts...............$ -0-
Total Funds Budgeted.......................$ 2,277,795
State Funds Budgeted.......................$ 2,277,795
Total Positions Budgeted 112
6. Internal Administration Budget:
Personal Services...................v.v....$ 1,192,875
Regular Operating Expenses.................$ 209,484
Travel..................................27,799
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 21,000
Equipment Purchases...................... $ 17,175
Computer Charges...........................$ 239,650
Real Estate Rentals........................$ 512,300
Telecommunications.........................$ 32,150
Per Diem, Fees and Contracts...............$ 2,000
Total Funds Budgeted.......................$ 2,254,433
State Funds Budgeted..................... $ 2,210,011
Total Positions Budgeted 57
7. Information and Education Budget:
Personal Services..........................$ 139,770
Regular Operating Expenses.................$ 11,210
Travel.....................................$ 1,357
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 377,000
Equipment Purchases.......;.............. $ 8,300
Computer Charges............;..............$ -0-
Real Estate Rentals.................. ....$ -0-
Telecommunications........;:...............$ 6,600
Per Diem, Fees and Contracts...............$ -0-
Market Bulletin Postage....................$ 470,000
Total Funds Budgeted.......................$ 1,014,237
State Funds Budgeted.......................$ 1,014,237
Total Positions Budgeted 9
GEORGIA LAWS 1982 SESSION
225
8. Fuel and Measures Standards
Budget:
Personal Services.........................$ 1,237,700
Regular Operating Expenses................$ 221,660
Travel....................................$ 93,362
Motor Vehicle Equipment Purchases.........$ 58,200
Publications and Printing.................$ 5,500
Equipment Purchases.......................$ 20,000
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 15,550
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 1,651,972
State Funds Budgeted......................$ 1,649,472
Total Positions Budgeted 74
9. Consumer Services Budget:
Personal Services.........................$ 631,458
Regular Operating Expenses................$ 72,110
Travel....................................$ 16,175
Motor Vehicle Equipment Purchases.........$ 24,000
Publications and Printing.................$ 4,500
Equipment Purchases.......................$ 2,000
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 20,100
Per Diem, Fees and Contracts..............$ 1,500
Total Funds Budgeted......................$ 771,843
State Funds Budgeted......................$ 771,843
Total Positions Budgeted 30
10. Consumer Protection Field
Forces Budget:
Personal Services.........................$ 2,752,507
Regular Operating Expenses................$ 129,563
Travel....................................$ 166,324
Motor Vehicle Equipment Purchases.........$ 30,000
Publications and Printing.................$ 8,200
Equipment Purchases.......................$ 12,000
Computer Charges.................................. -0-
Real Estate Rentals.......................$ 5,520
Telecommunications........................$ 30,100
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 3,134,214
226
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$ 2,557,116
Total Positions Budgeted 134
11. Meat Inspection Budget:
Personal Services.........................$ 2,572,358
Regular Operating Expenses................$ 85,917
Travel....................................$ 165,808
Motor Vehicle Equipment Purchases.........$ 36,000
Publications and Printing.................$ 2,600
Equipment Purchases.......................$ 1,120
Computer Charges..........................$ -0-
Real Estate Rentals..................... $ -0-
Telecommunications........................$ 19,200
Per Diem, Fees and Contracts..............$ 107,900
Total Funds Budgeted......................$ 2,990,903
State Funds Budgeted......................$ 1,234,319
Total Positions Budgeted 130
12. Fire Ant Control Budget:
Personal Services.........................$ -0-
Regular Operating Expenses................$ -0-
Travel *..................................$ -0-
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ -0-
Equipment Purchases.......................$ -0-
Computer Charges......................... $ -0-
Real Estate Rentals.......................$ -0-
Telecommunications..................................-0-
Per Diem, Fees and Contracts..............$ -0-
Purchase of Bait
and Airplane Contracts.................$ 100,000
Total Funds Budgeted............................100,000
State Funds Budgeted.................... $ 100,000
Total Positions Budgeted 0
13. Georgia Agrirama Development
Authority Budget:
Direct Payments to Georgia
Agrirama Development
Authority for Operations...............$ 276,890
Total Funds Budgeted............................276,890
State Funds Budgeted......................$ 276,890
Total Positions Budgeted 0
GEORGIA LAWS 1982 SESSION
227
14. Seed Technology and Development
Personal Services.........................$ 166,784
Regular Operating Expenses................$ 4,800
Travel....................................$ 900
Motor Vehicle Equipment Purchases.........$ 20,000
Publications and Printing.................$ 200
Equipment Purchases.......................$ 158,000
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ -0-
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 350,684
State Funds Budgeted......................$ -0-
Total Positions Budgeted 8
Budget Unit Object Classes:
Personal Services.........................$ 17,711,417
Regular Operating Expenses................$ 2,147,007
Travel....................................$ 876,183
Motor Vehicle Equipment
Purchases...............................$ 293,203
Publications and Printing.................$ 485,980
Equipment Purchases.......................$ 336,425
Computer Charges..........................$ 239,650
Real Estate Rentals.......................$ 526,598
Telecommunications........................$ 300,800
Per Diem, Fees and Contracts..............$ 238,000
Market Bulletin Postage...................$ 470,000
Purchase of Bait
and Airplane Contracts..................$ 100,000
Athens Veterinary Laboratory
Contract................................$ 421,000
Tifton Veterinary Laboratory
Contract................................$ 764,170
Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton,
Douglas, Oakwood, Royston
Statesboro and Tifton...................$ 878,000
Veterinary Fees...........................$ 525,000
Indemnities...............................$ 75,000
Advertising Contract......................$ 90,000
228
GENERAL ACTS AND RESOLUTIONS, VOL. I
Direct Payments to Georgia
Agrirama Development Authority
for Operations...........................$ 276,890
Repairs to Major and
Minor Markets............................$ 585,000
Capital Outlay.............................$ -0-
Total Positions Budgeted 955
Authorized Motor Vehicles 259
Provided, that of the above appropriation rela-
tive to Regular Operating Expenses, $50,000 is
designated and committed for livestock and
poultry shows relating to research and promoting.
Provided, that of the above appropriation, the
Department is authorized and directed to notify
dairy farmers of milk-sample test results after each
test.
Provided, that of the above appropriation
relating to Repairs to Major and Minor Markets,
no expenditure shall be made without prior
approval of the Georgia Building Authority (Mar-
kets).
It is the intent of this General Assembly that
the Department of Agriculture shall not increase
farmers market gate fees for Georgia farmers and
that no new fees be imposed on Georgia farmers.
B. Budget Unit: Georgia Agrirama
Development Authority........?&..$ -0-
Georgia Agrirama Development
Authority Budget:
Personal Services........................$ 437,121
Regular Operating Expenses...............$ 93,361
Travel.................................6,072
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 17,400
Equipment Purchases......................$ 1,575
Computer Charges........................ $ -0-
Real Estate Rentals......................$ -0-
Telecommunications.......................$ 4,500
Per Diem, Fees and Contracts.............$ 36,103
GEORGIA LAWS 1982 SESSION
229
Capital Outlay.............................$ 67,924
Goods for Resale...........................$ 83,900
Sales Tax....,.............................$ 8,300
Total Funds Budgeted.......................$ 756,256
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 27
Budget Unit Object Classes:
Personal Services..........................$ 437,121
Regular Operating Expenses.................$ 93,361
Travel.....................................$ 6,072
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 17,400
Equipment Purchases........................$ 1,575
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 4,500
Per Diem, Fees and Contracts...............$ 36,103
Capital Outlay.............................$ 67,924
Sales Tax..................................$ 83,900
Goods for Resale...........................$ 8,300
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.......................$ 2,972,796
Administration and Examination Budget:
Personal Services.........................$ 2,442,370
Regular Operating Expenses................$ 127,420
Travel........;..........................$ 226,358
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 18,039
Equipment Purchases.......................$ 6,110
Computer Charges..........................$ 14,850
Real Estate Rentals.......................$ 104,842
Telecommunications........................$ 30,807
Per Diem, Fees and Contracts..............$ 2,000
230
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted.......................$ 2,972,796
State Funds Budgeted.......................$ 2,972,796
Total Positions Budgeted 95
Budget Unit Object Classes:
Personal Services..........................$ 2,442,370
Regular Operating Expenses.................$ 127,420
Travel.....................................$ 226,358
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..........|......$ 18,039
Equipment Purchases........................$ 6,110
Computer Charges.................................14,850
Real Estate Rentals........................$ 104,842
Telecommunications.........................$ 30,807
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.................$ 4,336,647
1. Executive and Administrative Budget:
Personal Services....................... $ 593,904
Regular Operating Expenses.............. $ 39,147
Travel................................11,750
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 7,100
Equipment Purchases................... $ 1,700
Computer Charges...................... $ -0-
Real Estate Rentals.................1....$ 107,143
Telecommunications...................... $ 9,500
Per Diem, Fees and Contracts..............$ 10,000
Capital Felony Expenses.......... .......$ 6,000
Multi-State Transportation Board..........$ 10,000
Payments to Georgia Residential
Finance Authority.............-.......$ -0-
Local Assistance Grants................. $ 446,000
Total Funds Budgeted............1........$ 1,242,244
State Funds Budgeted.................... $ 1,139,828
Total Positions Budgeted 21
GEORGIA LAWS 1982 SESSION 231
2. Technical Assistance Budget:
Personal Services.........................$ 507,858
Regular Operating Expenses................$ 20,765
Travel....................................$ 36,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 18,285
Equipment Purchases.......................$ -0-
Computer Charges..........................$ 1,600
Real Estate Rentals.......................$ 25,627
Telecommunications........................$ 16,000
Per Diem, Fees and Contracts..............$ 24,100
Total Funds Budgeted......................$ 650,235
State Funds Budgeted......................$ 537,674
Total Positions Budgeted 20
3. Information Services Budget:
Personal Services.........................$ 236,990
Regular Operating Expenses................$ 7,590
Travel....................................$ 5,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 2,300
Equipment Purchases.......................$ -0-
Computer Charges..........................$ 750
Real Estate Rentals.......................$ 8,600
Telecommunications........................$ 4,800
Per Diem, Fees and Contracts..............$ 7,600
Postage...................................$ -0-
Juvenile Justice Grant....................$ 1,533,000
Capital Outlay............................$ -0-
Total Funds Budgeted......................$ 1,807,130
State Funds Budgeted......................$ 155,825
Total Positions Budgeted 9
4. Community Betterment Budget:
Personal Services.........................$ 283,465
Regular Operating Expenses................$ 10,000
Travel....................................$ 19,260
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 4,165
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 13,640
Telecommunications........................$ 7,560
Per Diem, Fees and Contracts..............$ 13,650
232
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted......................$ 351,740
State Funds Budgeted......................$ 351,740
Total Positions Budgeted 11
5. Community Development Budget:
Personal Services.........................$ 742,746
Regular Operating Expenses................$ 16,775
Travel....................................$ 46,200
Motor Vehicle Equipment
Purchases..............................$ -0-
Publications and Printing.................$ 17,400
Equipment Purchases................ .....$ 8,867
Computer Charges..........................$ 3,000
Real Estate Rentals...................... $ 41,280
Telecommunications........................$ 18,693
Per Diem, Fees and Contracts..............$ 5,144
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.............................$ 11,875
Total Funds Budgeted......................$ 2,732,569
State Funds Budgeted......................$ 2,151,580
Total Positions Budgeted 36
Budget Unit Object Classes:
Personal Services.........................$ 2,364,963
Regular Operating Expenses................$ 94,277
Travel....................................$ 118,710
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 49,250
Equipment Purchases..................... $ 10,567
Computer Charges..........................$ 5,350
Real Estate Rentals..................... $ 196,290
Telecommunications........................$ 56,553
Per Diem, Fees and Contracts..............$ 60,494
Capital Felony Expenses...................$ 6,000
Grants to Area Planning and
Development Commissions................$ 1,350,000
HUD 701 Planning Grants...................$ 325,604
Local Assistance Grants...................$ 446,000
GEORGIA LAWS 1982 SESSION
233
Appalachian Regional Commission
Assessment...............................$ 144,985
Coastal Plains Regional Commission
Assessment...............................$ 11,875
Multi-State Transportation Board...........$ 10,000
Juvenile Justice Grants....................$ 1,533,000
Payments to Georgia Residential
Finance Authority........................$ -0-
Total Positions Budgeted 97
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..........................$ 1,230,787
Regular Operating Expenses.................$ 161,114
Travel................................... $ 71,400
Motor Vehicle Equipment Purchases..........$ 7,000
Publications and Printing..................$ 37,500
Equipment Purchases........................$ 48,800
Computer Charges...........................$ 14,000
Real Estate Rentals........................$ 98,330
Telecommunications.........................$ 64,000
Per Diem, Fees and Contracts...............$ 237,585
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
Authorized Motor Vehicles 26
Budget Unit Object Classes:
Personal Services..........................$ 1,230,787
Regular Operating Expenses.................$ 161,114
Travel.....................................$ 71,400
Motor Vehicle Equipment Purchases..........$ 7,000
Publications and Printing..................$ 37,500
Equipment Purchases........................$ 48,800
234
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges..........................$ 14,000
Real Estate Rentals......................$ 98,330
Telecommunications........................$ 64,000
Per Diem, Fees and Contracts..............$ 237,585
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..........................$ 5,215,667
1. Internal Administration Budget:
Personal Services........................$ 517,994
Regular Operating Expenses............. $ 65,172
Travel................................. $ 5,262
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 7,500
Equipment Purchases.................... $ 1,770
Computer Charges....................... $ -0-
Real Estate Rentals......................$ -0-
Telecommunications.......................$ 13,650
Per Diem, Fees and Contracts.............$ -0-
Total Funds Budgeted................... $ 611,348
State Funds Budgeted.....................$ 599,351
Total Positions Budgeted 21
2. Insurance Regulation Budget:
Personal Services...................... $ 947,738
Regular Operating Expenses...............$ 41,482
Travel...................................$ 6,749
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 101,940
Equipment Purchases......................$ 3,540
Computer Charges....................... $ 127,500
Real Estate Rentals......................$ 20,195
Telecommunications.......................$ 22,100
Per Diem, Fees and Contracts.............$ 2,000
GEORGIA LAWS 1982 SESSION
235
Computer Equipment and
Feasibility Study.......................$ -0-
Total Funds Budgeted......................$ 1,273,244
State Funds Budgeted......................$ 1,187,244
Total Positions Budgeted 45
3. Industrial Loans Regulation
Budget:
Personal Services.........................$ 334,138
Regular Operating Expenses................$ 20,524
Travel....................................$ 16,787
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......................$ 387,599
State Funds Budgeted......................$ 387,599
Total Positions Budgeted 14
4. Information and Enforcement
Budget:
Personal Services.........................$ 858,869
Regular Operating Expenses................$ 36,617
Travel....................................$ 28,224
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......................$ 980,243
State Funds Budgeted......................$ 980,243
Total Positions Budgeted 45
5. Fire Safety and Mobile Home
Regulation Budget:
Personal Services.........................$ 2,038,020
Regular Operating Expenses................$ 89,640
Travel....................................$ 132,568
Motor Vehicle Equipment Purchases.........$ 49,500
236
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.......................$ 2,406,218
State Funds Budgeted.......................$ 2,061,230
Total Positions Budgeted 104
Budget Unit Object Classes:
Personal Services..........................$ 4,696,759
Regular Operating Expenses.................$ 253,435
Travel.....................................$ 189,590
Motor Vehicle Equipment Purchases..........$ 55,000
Publications and Printing..................$ 134,590
Equipment Purchases........................$ 9,190
Computer Charges...........................$ 133,016
Real Estate Rentals........................$ 78,792
Telecommunications.........................$ 96,280
Computer Equipment and
Feasibility Study.......................$ -0-
Per Diem, Fees and Contracts............. $ 12,000
Total Positions Budgeted 229
Authorized Motor Vehicles 57
Section 18. Department of Defense.
Budget Unit: Department of Defense...........$ 2,503,638
1. Administration and Support of
State Militia Budget:
Personal Services........................$ 834,159
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..................... $ 23,019
Per Diem, Fees and Contracts........... $ 30,850
Military Assistance to
Safety and Traffic Grant...............$ -0-
Georgia Military Institute Grant.........$ 18,000
GEORGIA LAWS 1982 SESSION
237
Civil Air Patrol Contract.................$ 40,000
Capital Outlay............................$ -0-
Total Funds Budgeted......................$ 1,048,285
State Funds Budgeted......................$ 1,025,091
Total Positions Budgeted 36
2. Civil Defense Budget:
Personal Services.........................$ 707,477
Regular Operating Expenses................$ 98,771
Travel....................................$ 16,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 7,605
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 31,664
Per Diem, Fees and Contracts..............$ 57,244
Local Civil Defense
Grants - Training.......................$ 32,000
Total Funds Budgeted......................$ 951,261
State Funds Budgeted......................$ 460,840
Total Positions Budgeted 31
3. Construction and Facilities
Maintenance Budget:
Personal Services.........................$ 109,261
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............................$ 98,100
Total Funds Budgeted......................$ 650,341
State Funds Budgeted......................$ 650,341
Total Positions Budgeted 5
238
GENERAL ACTS AND RESOLUTIONS, VOL. I
4. Disaster Preparedness and Recovery
Budget:
Personal Services..........................$ 259,961
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.......................$ 297,351
State Funds Budgeted.......................$ 20,872
Total Positions Budgeted 12
5. Service Contracts Budget:
Personal Services.................?.2...........$ 1,938,699
Regular Operating Expenses.................$ 1,508,509
Travel.............................:&..2,300
Motor Vehicle Equipment Purchases...............$ -0-
Publications and Printing................ $ -0-
Equipment Purchases........................$ -0-
Computer Charges...........................$ -0-
Real Estate Rentals..................... $ -0-
Telecommunications...................... $ -0-
Per Diem, Fees and Contracts...............$ -0-
Total Funds Budgeted................... $ 3,449,508
State Funds Budgeted.................. ...$ 346,494
Total Positions Budgeted 115
Budget Unit Object Classes:
Personal Services..........................$ 3,849,557
Regular Operating Expenses............... $ 1,813,597
Travel................................. $ 39,150
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 32,055
Equipment Purchases........................$ 10,900
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 4,560
Telecommunications.........................$ 58,233
Per Diem, Fees and Contracts...............$ 88,594
GEORGIA LAWS 1982 SESSION
239
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...............................$ 98,100
Local Civil Defense
Grants - Training.........................$ 32,000
Total Positions Budgeted 199
Authorized Motor Vehicles 20
Section 19. State Board of Education -
Department of Education.
A. Budget Unit: Department of
Education.........................$1,319,610,984
1. Instructional Services Budget:
Personal Services........................$ 3,060,803
Regular Operating Expenses...............$ 131,568
Travel...................................$ 267,461
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 201,526
Equipment Purchases......................$ 14,070
Real Estate Rentals......................$ 137,959
Telecommunications.......................$ 93,382
Per Diem, Fees and Contracts.............$ 321,273
Utilities................................$ 7,689
Total Funds Budgeted.....................$ 4,235,731
State Funds Budgeted.....................$ 1,973,253
Total Positions Budgeted 123
2. Governors Honors Program Budget:
Personal Services........................$ 260,738
Regular Operating Expenses...............$ 33,098
Travel...................................$ 3,575
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.............$ 348,000
Total Funds Budgeted.....................$ 655,126
240
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.......................$ 655,126
Total Positions Budgeted 2
3. Vocational Education Budget:
Personal Services..........................$ 2,880,592
Regular Operating Expenses.................$ 169,355
Travel................................... $ 242,487
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 72,211
Equipment Purchases...............................10,726
Real Estate Rentals........................$ 126,771
Telecommunications....................... $ 85,516
Per Diem, Fees and Contracts...............$ 2,532,507
Utilities..................................$ 11,088
Total Funds Budgeted.......................$ 6,131,253
State Funds Budgeted..................... $ 2,043,084
Total Positions Budgeted 110
4. Media Services Budget:
Personal Services..........................$ 3,359,809
Regular Operating Expenses.................$ 1,970,627
Travel.....................................$ 83,271
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 200,996
Equipment Purchases........................$ 70,820
Real Estate Rentals........................$ 11,964
Telecommunications.........................$ 67,611
Per Diem, Fees and Contracts............. $ 204,295
Utilities.................................$ 330,678
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 6,300,071
State Funds Budgeted.......................$ 5,088,238
Total Positions Budgeted 180
5. Public Library Services Budget:
Personal Services..........................$ 963,936
Regular Operating Expenses.................$ 374,274
Travel................................... $ 18,502
Publications and Printing..................$ 15,894
Equipment Purchases........................$ 318
Real Estate Rentals........................$ 120,298
Telecommunications.........................$ 35,525
Per Diem, Fees and Contracts...............$ 180,087
Utilities..................................$ 11,798
GEORGIA LAWS 1982 SESSION
241
Total Funds Budgeted.......................$ 1,720,632
State Funds Budgeted..................... $ 799,817
Total Positions Budgeted 52
6. State Administration Budget:
Personal Services..........................$ 937,350
Regular Operating Expenses.................$ 182,049
Travel.....................................$ 50,879
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 20,556
Equipment Purchases........................$ 6,000
Real Estate Rentals........................$ 56,420
Telecommunications.........................$ 25,277
Per Diem, Fees and Contracts...............$ 205,674
Total Funds Budgeted.......................$ 1,484,205
State Funds Budgeted.......................$ 1,123,720
Total Positions Budgeted 34
7. Administrative Services Budget:
Personal Services..........................$ 4,785,791
Regular Operating Expenses.................$ 242,854
Travel.....................................$ 355,212
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 173,593
Equipment Purchases........................$ 13,250
Computer Charges...........................$ 810,087
Real Estate Rentals........................$ 260,232
Telecommunications.........................$ 102,287
Per Diem, Fees and Contracts...............$ 98,700
Utilities..................................$ 5,066
Total Funds Budgeted.......................$ 6,847,072
Indirect DOAS Services Funding.............$ 130,000
State Funds Budgeted.......................$ 4,427,603
Total Positions Budgeted 220
8. Certification of Public
School Personnel Budget:
Personal Services..........................$ 508,123
Regular Operating Expenses.................$ 24,558
Travel.....................................$ 1,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 6,939
Equipment Purchases........................$ 675
Computer Charges......................... $ -0-
242
GENERAL ACTS AND RESOLUTIONS, VOL. I
Real Estate Rentals.......................$ 29,801
Telecommunications........................$ 14,000
Per Diem, Fees and Contracts..............$ 4,554
Total Funds Budgeted......................$ 590,150
State Funds Budgeted......................$ 558,838
Total Positions Budgeted 31
9. Planning and Development Budget:
Personal Services.........................$ 2,081,587
Regular Operating Expenses................$ 73,669
Travel....................................$ 113,718
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 66,150
Equipment Purchases.......................$ 5,700
Real Estate Rentals.......................$ 95,228
Telecommunications............................. 47,821
Per Diem, Fees and Contracts..............$ 1,185,555
Total Funds Budgeted......................$ 3,669,428
State Funds Budgeted......................$ 2,938,617
Total Positions Budgeted 82
10. Professional Standards
Commission Budget:
Personal Services.........................$ 52,691
Regular Operating Expenses................$ 6,910
Travel....................................$ 1,650
Publications and Printing.................$ 6,050
Equipment Purchases.......................$ 175
Real Estate Rentals.......................$ 4,284
Telecommunications........................$ 3,769
Per Diem, Fees and Contracts..............$ 45,190
Total Funds Budgeted......................$ 120,719
State Funds Budgeted......................$ 120,719
Total Positions Budgeted 2
11. Vocational Advisory
Council Budget:
Personal Services.........................$ 76,924
Regular Operating Expenses................$ 20,071
Travel....................................$ 8,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 14,044
Equipment Purchases.......................$ 5,000
Computer Charges..........................$ -0-
GEORGIA LAWS 1982 SESSION
243
Real Estate Rentals........................$ 7,000
Telecommunications.........................$ 5,043
Per Diem, Fees and Contracts...............$ 32,000
Total Funds Budgeted.......................$ 168,082
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 3
12. Professional Practices
Commission Budget:
Personal Services..........................$ 176,694
Regular Operating Expenses.................$ 9,192
Travel.....................................$ 11,710
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 1,555
Equipment Purchases........................$ -0-
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 19,011
Telecommunications.........................$ 5,721
Per Diem, Fees and Contracts...............$ 46,000
Total Funds Budgeted.......................$ 269,883
State Funds Budgeted.......................$ 216,757
Total Positions Budgeted 6
13. Local Programs Budget:
APEG Grants:
Salaries of Instructional
Personnel (Sec. 10(a) (1)
and 10(a) (2))........................$ 541,572,390
Salaries of Instructional
Personnel (Sec. 5)....................$ 90,836,201
Salaries of Instructional
Personnel (Sec. 7)....................$ 20,737,494
Salaries of Student
Supportive Personnel
(Sec. 20 (a)).........................$ 22,853,206
Salaries of Administrative
and Supervisory Personnel
(Sec. 21).............................$ 64,479,476
Special Education
Leadership Personnel
(Sec. 21(d) (2))......................$ 2,782,579
Instructional Media
(Sec.13)..............................$ 20,004,451
244
GENERAL ACTS AND RESOLUTIONS, VOL. I
Instructional Equipment
(Sec. 14)..............................$ 690,079
Maintenance and Operation
(Sec. 15)............................ $ 89,764,765
Sick and Personal Leave
(Sec. 16)..............................$ 5,556,770
Travel (Sec. 17).........................$ 1,011,707
Pupil Transportation -
(Sec. 25)..............................$ 73,982,232
Isolated Schools.........................$ 470,344
Mid-Term Adjustment......................$ -0-
Non-APEG Grants:
Education of Children of
Low-Income Families....................$ 88,977,609
Teacher Retirement.......................$ 90,885,328
Instructional Services for
the Handicapped........................$ 22,905,728
Preparation of Professional
Personnel in Education
of Handicapped Children................$ 75,000
Tuition for the Multi-
handicapped ..........................1,172,000
Severely Emotionally
Disturbed............3.................$ 15,617,456
Compensatory Education...................$ 12,746,747
School Library Resources
and Other Materials....................$ 4,062,878
School Lunch (Federal)...................$ 108,417,000
School Lunch (State).....................$ 14,560,000
Supplementary Education
Centers and Services...................$ 2,359,716
Staff Development........................$ 925,000
Supervision and Assessment
of Students and Beginning
Teachers and Performance
Based Certification.................. $ 3,499,884
Cooperative Educational
Service Agencies.......................$ 3,719,738
Superintendents Salaries................$ 4,546,327
High School Program......................$ 24,982,554
Area Vocational-Technical
Schools................................$ 47,386,492
Career Education.........................$ 325,162
GEORGIA LAWS 1982 SESSION
245
Junior College Vocational
Program................................$ 1,784,636
Quick Start Program......................$ 3,171,416
Comprehensive Employment
and Training...........................$ 3,647,196
Vocational Research and
Curriculum.............................$ 991,982
Adult Education..........................$ 4,049,473
Salaries and Travel of
Public Librarians......................$ 4,070,099
Public Library Materials.................$ 3,757,524
Talking Book Centers.....................$ 666,258
Public Library Maintenance
and Operation..........................$ 2,501,483
Public Library Construction..............$ 587,000
Competency-Based High School
Graduation Requirements................$ 240,000
Instructional Aides......................$ 8,898,359
Teacher Health Insurance.................$ 31,732,574
Nutritional Education....................$ 370,733
Basic Skills.............................$ 82,727
Capital Outlay
(under 32-648a)........................$ 20,277,000
Grants to Local School
Systems for Educational
Purposes (Act 562).....................$ 75,000,000
Indo-Chinese Refugee.....................$ 167,064
Salaries of Extended
Pre-School Personnel...................$ 9,065,763
Area Vocational Technical
School Construction....................$ 1,107,600
Total Funds Budgeted......................$1,554,075,200
State Funds Budgeted......................$1,299,665,212
Total Positions Budgeted 0
Budget Unit Object Classes:
Personal Services..........................$ 19,145,038
Regular Operating Expenses.................$ 3,238,225
Travel.....................................$ 1,157,965
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 781,114
Equipment Purchases........................$ 127,234
Computer Charges...........................$ 810,087
246
GENERAL ACTS AND RESOLUTIONS, VOL. I
Real Estate Rentals.........................$ 871,783
Telecommunications..........................$ 490,752
Per Diem, Fees and Contracts................$ 5,203,835
Utilities...................................$ 366,319
Capital Outlay..............................$ -0-
APEG Grants:
Salaries of Instructional
Personnel (Sec. 10(a) (1)
and 10(a) (2)).........................$ 541,572,390
Salaries of Instructional
Personnel (Sec. 5)....................$ 90,836,201
Salaries of Instructional
Personnel (Sec. 7)....................$ 20,737,494
Salaries of Student Supportive
Personnel (Sec. 20 (a))................$ 22,853,206
Salaries of Administrative and
Supervisory Personnel
(Sec. 21).......................,......$ 64,479,476
Special Education Leadership
Personnel (Sec. 21(d) (2)).............$ 2,782,579
Instructional Media (Sec. 13)............$ 20,004,451
Instructional Equipment
(Sec. 14)...............,..............$ 690,079
Maintenance and Operation
(Sec. 15)..........................89,764,765
Sick and Personal Leave
(Sec. 16)............................ $ 5,556,770
Travel (Sec. 17).........................$ 1,011,707
Pupil Transportation -
Regular (Sec. 25).................... $ 73,982,232
Isolated Schools.........................$ 470,344
Mid-Term Adjustment......................$ -0-
Non-APEG Grants:
Education of Children of
Low-Income Families....................$ 88,977,609
Teacher Retirement.......................$ 90,885,328
Instructional Services for
the Handicapped........................$ 22,905,728
Preparation of Professional
Personnel in Education
of Handicapped Children................$ 75,000
Tuition for the Multi-
handicapped ........................,....$ 1,172,000
GEORGIA LAWS 1982 SESSION
247
Severely Emotionally
Disturbed..............................$ 15,617,456
Compensatory Education....................$ 12,746,747
School Library Resources
and Other Materials....................$ 4,062,878
School Lunch (Fed.).......................$ 108,417,000
School Lunch (State)......................$ 14,560,000
Supplementary Education
Centers and Services...................$ 2,359,716
Staff Development.........................$ 925,000
Supervision and Assessment
of Students and Beginning
Teachers and Performance
Based Certification....................$ 3,499,884
Cooperative Educational
Service Areas..........................$ 3,719,738
Superintendents Salaries..................$ 4,546,327
High School Program.......................$ 24,982,554
Area School Program.......................$ 47,386,492
Career Education..........................$ 325,162
Junior College Program....................$ 1,784,636
Quick Start...............................$ 3,171,416
Comprehensive Employment
and Training...........................$ 3,647,196
Vocational Research and
Curriculum.............................$ 991,982
Adult Education...........................$ 4,049,473
Salaries and Travel of
Public Librarians......................$ 4,070,099
Public Library Materials..................$ 3,757,524
Talking Book Centers......................$ 666,258
Public Library M & O......................$ 2,501,483
Public Library Construction...............$ 587,000
Competency-Based High School
Graduation Requirements................$ 240,000
Instructional Aides.......................$ 8,898,359
Teacher Health Insurance..................$ 31,732,574
Nutritional Education.....................$ 370,733
Basic Skills..............................$ 82,727
Capital Outlay
(under 32-648a)........................$ 20,277,000
248
GENERAL ACTS AND RESOLUTIONS, VOL. I
Grants to Local School
Systems for Educational
Purposes (Act 562)......................$ 75,000,000
Indo-Chinese Refugee......................$ 167,064
Salaries of Extended
Pre-School Personnel....................$ 9,065,763
Area Vo-Tech School
Construction............................$ 1,107,600
Total Positions Budgeted 845
Authorized Motor Vehicles 17
B. Budget Unit: Institutions....................$ 13,365,381
1. Georgia Academy for the Blind
Budget:
Personal Services...........................$ 2,255,408
Regular Operating Expenses..................$ 227,411
Travel.....................................$ 4,958
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 3,845
Equipment Purchases.........................$ 12,051
Telecommunications..........................$ 12,413
Per Diem, Fees and Contracts................$ 6,245
Utilities...................................$ 116,011
Capital Outlay..............................$ 151,500
Total Funds Budgeted........................$ 2,789,842
State Funds Budgeted........................$ 2,496,656
Total Positions Budgeted 154
2. Georgia School for the Deaf
Budget:
Personal Services.......................,...$ 4,068,954
Regular Operating Expenses..................$ 553,090
Travel.....................................$ 9,686
Motor Vehicle Equipment Purchases...........$ 54,574
Publications and Printing...................$ 200
Equipment Purchases.........................$ 22,596
Telecommunications.............................. 17,557
Per Diem, Fees and Contracts................$ 20,250
Utilities............................... $ 336,560
Capital Outlay............................ $ 93,476
Total Funds Budgeted........................$ 5,176,943
State Funds Budgeted.......................$ 4,760,074
Total Positions Budgeted 270
GEORGIA LAWS 1982 SESSION
249
3. Atlanta Area School for the Deaf
Budget:
Personal Services...........................$ 1,649,407
Regular Operating Expenses..................$ 172,887
Travel......................................$ 6,533
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 2,517
Equipment Purchases.........................$ 36,921
Telecommunications..........................$ 14,884
Per Diem, Fees and Contracts................$ 5,900
Utilities...................................$ 100,749
Capital Outlay..............................$ 33,720
Total Funds Budgeted........................$ 2,023,518
State Funds Budgeted........................$ 1,755,559
Total Positions Budgeted 97
4. North Georgia Vocational-Technical
School Budget:
Personal Services...........................$ 2,211,121
Regular Operating Expenses..................$ 574,920
Travel......................................$ 17,974
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 5,860
Equipment Purchases.........................$ 57,418
Telecommunications..........................$ 13,695
Per Diem, Fees and Contracts................$ 2,500
Utilities...................................$ 246,402
Capital Outlay..............................$ -0-
Total Funds Budgeted........................$ 3,129,890
State Funds Budgeted........................$ 2,302,408
Total Positions Budgeted 104
5. South Georgia Vocational-Technical
School Budget:
Personal Services...........................$ 1,859,492
Regular Operating Expenses..................$ 464,017
Travel......................................$ 16,083
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 4,070
Equipment Purchases.........................$ 45,673
Telecommunications..........................$ 20,647
Per Diem, Fees and Contracts................$ 7,500
Utilities...................................$ 227,036
Capital Outlay..............................$ -0-
250
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted.........................$ 2,644,518
State Funds Budgeted.........................$ 2,050,684
Total Positions Budgeted 94
Budget Unit Object Classes:
Personal Services............................$ 12,044,382
Regular Operating Expenses...................$ 1,992,325
Travel.......................................$ 55,234
Motor Vehicle Equipment
Purchases.................................$ 54,574
Publications and Printing....................$ 16,492
Equipment Purchases..........................$ 174,659
Telecommunications...........................$ 79,196
Per Diem, Fees and Contracts.................$ 42,395
Utilities....................................$ 1,026,758
Capital Outlay...............................$ 278,696
Total Positions Budgeted 719
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.
GEORGIA LAWS 1982 SESSION
251
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 ($10,883) 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 $10,883 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.
252
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
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.
GEORGIA LAWS 1982 SESSION
253
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
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 $100 million for F.Y.
1981.
Section 20. Employees Retirement System.
Budget Unit: Employees Retirement
System............................$ 90,000
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..............$ 370,663
Postage...................................$ 35,000
Cost-of-Living Increases-Other
Retirees...............................$ 70,000
Total Funds Budgeted......................$ 1,303,381
State Funds Budgeted......................$ 90,000
Total Positions Budgeted 28
Budget Unit Object Classes:
Personal Services.........................$ 533,000
Regular Operating Expenses................$ 15,020
254
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel...................................$ 8,400
Motor Vehicle Equipment Purchases.....AP..$ -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..............$ 370,663
Postage...................................$ 35,000
Cost-of-Living Increases-Other
Retirees................................$ 70,000
Total Positions Budgeted 28
Authorized Motor Vehicles 1
Section 21. Forestry Commission.
Budget Unit: Forestry Commission..............$ 20,545,423
1. Reforestation Budget:
Personal Services.........................$ 707,707
Regular Operating Expenses................$ 688,179
Travel....'......................... $ 4,963
Motor Vehicle Equipment Purchases.........$ 21,970
Publications and Printing.................$ 3,324
Equipment Purchases.................... $ 13,214
Computer Charges..........................$ 14,437
Real Estate Rentals........3...............$ -0-
Telecommunications.................... $ 9,376
Per Diem, Fees and Contracts;.............$ 82,132
Capital Outlay....................:....8?...$ 517,000
Total Funds Budgeted.................... $ 2,062,302
State Funds Budgeted.............. ?.;...$ 865,302
Total Positions Budgeted 31
2. Field Services Budget:
Personal Services.........................$ 14,563,597
Regular Operating Expenses.....?$.........$ 3,554,717
Travel.................................. $ 88,268
Motor Vehicle Equipment
Purchases...................;...........$ 645,903
Publications and Printing.................$ 29,625
Equipment Purchases.......................$ 1,122,147
Computer Charges..................1#......$ 35,970
Real Estate Rentals....................13,152
Telecommunications........................$ 419,028
GEORGIA LAWS 1982 SESSION
255
Per Diem, Fees and Contracts..............$ 39,443
Ware County Grant.........................$ 60,000
Capital Outlay............................$ 135,800
Total Funds Budgeted......................$ 20,707,650
State Funds Budgeted......................$ 17,988,070
Total Positions Budgeted 807
3. General Administration and
Support Budget:
Personal Services....................... $ 650,087
Regular Operating Expenses................$ 91,384
Travel....................................$ 18,254
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 39,489
Equipment Purchases.......................$ 5,656
Computer Charges........................ $ 73,944
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 17,500
Per Diem, Fees and Contracts..............$ 4,137
Contractual Research......................$ 420,990
Herty Foundation..........................$ -0-
Total Funds Budgeted......................$ 1,321,441
State Funds Budgeted......................$ 1,292,051
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 4
Budget Unit Object Classes:
Personal Services.........................$ 15,921,391
Regular Operating Expenses................$ 4,334,280
Travel....................................$ 111,485
Motor Vehicle Equipment
Purchases..............................$ 667,873
Publications and Printing.................$ 72,438
Equipment Purchases.......................$ 1,141,017
Computer Charges..........................$ 124,351
Real Estate Rentals.......................$ 13,152
Telecommunications........................$ 445,904
Per Diem, Fees and Contracts..............$ 125,712
Contractual Research......................$ 420,990
256
GENERAL ACTS AND RESOLUTIONS, VOL. I
Ware County Grant.........................$ 60,000
Herty Foundation..........................$ -0-
Wood Energy Program.......................$ 400,000
Capital Outlay............................$ 652,800
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 $450,000 of
such excess funds to supplant State Funds appro-
priated herein. Provided further that such
supplantation shall not be implemented if so doing
would cause any portion of the anticipated Federal
Funds not to be realized. This provision shall not
apply to project grants.
It is the intent of this General Assembly that
the Forestry Commission have authority to control
the application of the Contractual Research funds
in the above appropriation.
Section 22. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of
Investigation....................$ 16,352,345
1. General Administration Budget:
Personal Services.........................$ 494,215
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..................i^W...$ 21,250
Per Diem, Fees and Contracts..............$ 3,200
Postage................................. $ 4,900
Capital Outlay............................$ -0-
GEORGIA LAWS 1982 SESSION 257
Total Funds Budgeted.......................$ 590,462
State Funds Budgeted.......................$ 590,462
Total Positions Budgeted 23
2. Investigative Division Budget:
Personal Services..........................$ 6,358,476
Regular Operating Expenses.................$ 1,053,159
Travel.....................................$ 295,730
Motor Vehicle Equipment Purchases..........$ 358,708
Publications and Printing..................$ 20,500
Equipment Purchases........................$ 45,975
Computer Charges...........................$ 700
Real Estate Rentals........................$ 102,872
Telecommunications.........................$ 207,488
Per Diem, Fees and Contracts...............$ 9,382
Evidence Purchased.........................$ 145,000
Postage....................................$ 8,100
Capital Outlay.............................$ 45,000
Total Funds Budgeted.......................$ 8,651,090
State Funds Budgeted.......................$ 8,651,090
Total Positions Budgeted 230
3. Forensic Sciences Division Budget:
Personal Services..........................$ 2,176,178
Regular Operating Expenses.................$ 409,460
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.........................$ 80,400
Per Diem, Fees and Contracts...............$ 500
Postage....................................$ 17,200
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 2,874,364
State Funds Budgeted.......................$ 2,874,364
Total Positions Budgeted 89
4. Georgia Crime Information
Center Budget:
Personal Services..........................$ 1,699,305
Regular Operating Expenses.................$ 95,056
Travel.....................................$ 9,000
258
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment Purchases..........$ 6,000
Publications and Printing..................$ 40,000
Equipment Purchases........................$ 1,160
Computer Charges...........................$ 1,877,808
Real Estate Rentals........................$ 3,600
Telecommunications.........................$ 482,000
Per Diem, Fees and Contracts..............$ 2,500
Postage....................................$ 20,000
Total Funds Budgeted.......................$ 4,236,429
State Funds Budgeted.......................$ 4,236,429
Total Positions Budgeted 97
Budget Unit Object Classes:
Personal Services..........................$ 10,728,174
Regular Operating Expenses.................$ 1,584,245
Travel.....................................$ 334,730
Motor Vehicle Equipment
Purchases................................$ 364,708
Publications and Printing..................$ 68,000
Equipment Purchases........................$ 98,185
Computer Charges..........................$ 1,977,944
Real Estate Rentals........................$ 149,439
Telecommunications.........................$ 791,138
Per Diem, Fees and Contracts...............$ 15,582
Evidence Purchased.........................$ 145,000
Postage...............,...................$ 50,200
Capital Outlay.............................$ 45,000
Total Positions Budgeted 439
Authorized Motor Vehicles 254
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 $500,000 of
such excess funds to supplant State Funds appro-
priated herein. Provided further that such
supplantation shall not be implemented if so doing
would cause any portion of the anticipated Federal
Funds not to be realized. This provision shall not
apply to project grants.
GEORGIA LAWS 1982 SESSION
259
Section 23. Georgia State Financing
and Investment Commission.
Budget Unit: Georgia State
Financing and
Investment Commission.............$ -0-
Departmental Operations Budget:
Personal Services........................$ 840,062
Regular Operating Expenses...............$ 30,980
Travel...................................$ 8,000
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.....................$ 1,081,003
State Funds Budgeted.....................$ -0-
Total Positions Budgeted 30
Budget Unit Object Classes:
Personal Services........................$ 840,062
Regular Operating Expenses...............$ 30,980
Travel...................................$ 8,000
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:
260
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...............$ 4,354,032
1. Governors Office Budget:
Cost of Operations..........................$ 1,587,999
Mansion Allowance......................... $ 40,000
Governors Emergency Fund...................$ 2,300,000
Intern Stipends and Travel..................$ 112,798
Total Funds Budgeted........................$ 4,040,797
State Funds Budgeted........................$ 4,010,797
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 appropri-
ation 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.......................$ 329,381
Regular Operating Expenses..............$ 12,668
Travel..................................$ 12,000
Motor Vehicle Equipment Purchases.......$ -0-
GEORGIA LAWS 1982 SESSION
261
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..............$ 23,995
Total Funds Budgeted......................$ 413,235
State Funds Budgeted......................$ 343,235
Total Positions Budgeted 15
Budget Unit Object Classes:
Cost of Operations........................$ 1,587,999
Mansion Allowance.........................$ 40,000
Governors Emergency Fund.................$ 2,300,000
Intern Stipends and Travel................$ 112,798
Personal Services.........................$ 329,381
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..............$ 23,995
Total Positions Budgeted 15
Authorized Motor Vehicles 1
B. Budget Unit: Office of Planning
and Budget.........................$ 6,786,184
1. General Administration and
Support Budget:
Personal Services.........................$ 441,786
Regular Operating Expenses................$ 87,430
Travel....................................$ 9,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 30,000
Equipment Purchases.......................$ 1,000
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 172,476
Telecommunications........................$ 12,000
Per Diem, Fees and Contracts..............$ 146,000
Total Funds Budgeted......................$ 899,692
262
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$ 808,135
Total Positions Budgeted 15
2. Council of the Arts Budget:
Personal Services....................... $ 138,178
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......................$ 2,216,153
State Funds Budgeted......................$ 1,586,153
Total Positions Budgeted 8
3. Educational Development Budget:
Personal Services..............;............$ 282,663
Regular Operating Expenses.............. $ 1,300
Travel............................. .....$ 8,600
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ -0-
Equipment Purchases.......................$ 600
Computer Charges.....................i,..$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications...................... $ 4,600
Per Diem, Fees and Contracts..............$ 8,000
Total Funds Budgeted......................$ 305,763
State Funds Budgeted.................... $ 305,763
Total Positions Budgeted 9
4. Intergovernmental Relations Budget:
Personal Services.........................$ 201,986
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 1982 SESSION 263
Real Estate Rentals......................$ -0-
Telecommunications.......................$ 10,000
Per Diem, Fees and Contracts.............$ 2,000
Total Funds Budgeted.....................$ 248,687
State Funds Budgeted.....................$ 248,687
Total Positions Budgeted 7
5. Management Review Budget:
Personal Services........................$ 571,223
Regular Operating Expenses...............$ 1,750
Travel...................................$ 7,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ -0-
Equipment Purchases......................$ 1,190
Computer Charges.........................$ 27,000
Real Estate Rentals......................$ -0-
Telecommunications.......................$ 8,000
Per Diem, Fees and Contracts.............$ 1,300
Total Funds Budgeted.....................$ 617,463
State Funds Budgeted.....................$ 617,463
Total Positions Budgeted 21
6. Human Development Budget:
Personal Services........................$ 344,724
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.....................$ 362,324
State Funds Budgeted.....................$ 362,324
Total Positions Budgeted 11
7. Office of Consumer Affairs:
Personal Services........................$ 932,070
Regular Operating Expenses...............$ 50,065
Travel...................................$ 15,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 6,500
Equipment Purchases......................$ 1,500
264
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...........................1,195,197
State Funds Budgeted.......................$ 853,297
Total Positions Budgeted 44
8. State Energy Office Budget:
Personal Services..;.;..../..;.:........;.$ 290,171
Regular Operating Expenses.................$ 28,000
Travel................................ $ 35,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing K?.#;............$ 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............... ......$ 4,978,871
State Funds Budgeted................... .$ 280,546
Total Positions Budgeted 16
9. Governors Committee on
Post-Secondary Education
Budget:
Personal Services........................ $ 134,574
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........:.*s:.y-.....$ 8,110
Telecommunications..................... $ 3,300
Per Diem, Fees and Contracts...............$ 13,500
Total Funds Budgeted.......................$ 179,344
State Funds Budgeted.......................$ 89,282
Total Positions Budgeted 4
10. Facilities Management Budget:
Personal Services..........................$ 103,597
Regular Operating Expenses............... $ 300
Travel.................................... M 5,000
GEORGIA LAWS 1982 SESSION
265
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 2,000
Equipment Purchases......................$ 1,000
Computer Charges.........................$ 169,000
Real Estate Rentals......................$ -0-
Telecommunications.......................$ 3,000
Per Diem, Fees and Contracts.............$ 85,000
Total Funds Budgeted.....................$ 368,897
State Funds Budgeted.....................$ 368,897
Total Positions Budgeted 3
11. Physical and Economic
Development Budget:
Personal Services........................$ 376,657
Regular Operating Expenses...............$ 5,000
Travel...................................$ 19,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 5,000
Equipment Purchases......................$ 1,000
Computer Charges.........................$ 12,000
Real Estate Rentals......................$ -0-
Telecommunications.......................$ 11,000
Per Diem, Fees and Contracts.............$ 70,000
Total Funds Budgeted.....................$ 499,657
State Funds Budgeted.....................$ 339,657
Total Positions Budgeted 14
12. General Government and Protection
of Persons and Property Budget:
Personal Services........................$ 351,693
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.....................$ 366,993
State Funds Budgeted.....................$ 366,993
Total Positions Budgeted 11
266
GENERAL ACTS AND RESOLUTIONS, VOL. I
13. Consumers Utility Counsel Budget:
Personal Services.........................$ 276,510
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......................$ 344,816
State Funds Budgeted......................$ 344,816
Total Positions Budgeted 13
14. Criminal Justice Coodinating
Council Budget:
Personal Services.........................$ 157,106
Regular Operating Expenses................$ 11,750
Travel....................................$ 8,700
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 10,000
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 6,875
Telecommunications....................'.'A.$ 5,500
Per Diem, Fees and Contracts..............$ 14,240
Total Funds Budgeted......................$ 214,171
State Funds Budgeted......................$ 214,171
Total Positions Budgeted 5
Budget Unit Object Classes:
Personal Services.........................$ 4,602,938
Regular Operating Expenses................$ 219,361
Travel....................................$ 165,084
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 137,270
Equipment Purchases.......................$ 8,990
Computer Charges..........................$ 244,800
Real Estate Rentals.......................$ 275,239
Telecommunications........................$ 199,500
Per Diem, Fees and Contracts..............$ 4,922,040
Art Grants - State Funds..................$ 1,392,806
GEORGIA LAWS 1982 SESSION
267
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 $1,392,806 is designated and commit-
ted for Grants to Counties, Cities and Non-Profit
Organizations in the State of Georgia.
Section 25. Grants to Counties and
Municipalities.
Budget Unit: Grants to Counties and
Municipalities.......................$ 6,801,631
1. Grants to Counties............................$ 2,600,000
Total Funds Budgeted.........................$ 2,600,000
State Funds Budgeted.........................$ 2,600,000
2. Grants to Municipalities......................$ 4,201,631
Total Funds Budgeted.........................$ 4,201,631
State Funds Budgeted.........................$ 4,201,631
Budget Unit Object Classes:
Grants to Counties...........................$ 2,600,000
Grants to Municipalities.....................$ 4,201,631
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..........................$ 211,434,061
1. General Administration and
Support Budget:
Personal Services...........................$ 12,596,029
Regular Operating Expenses..................$ 820,982
Travel......................................$ 545,758
268
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment
Purchases.................................$ 22,500
Publications and Printing...................$ 117,880
Equipment Purchases.........................$ 86,175
Computer Charges............................$ 789,582
Real Estate Rentals.........................$ 2,682,375
Telecommunications..........................$ 581,790
Per Diem, Fees and Contracts................$ 2,396,567
Utilities...................................$ 141,120
Postage.....................................$ 514,885
Capital Outlay..............................$ -0-
Total Funds Budgeted........................$ 21,295,643
Indirect DOAS Services Funding..............$ 610,592
Indirect GBA Funding........................$ -0-
Agency Funds..........................*....$ 11,073,794
Title XX Funds..............................$ 57,191
State Funds Budgeted........................$ 9,554,066
Total Positions Budgeted 636
Authorized Motor Vehicles 7
General Administration and Support Functional
Budgets
Commissioners Office
Child Care Licensing $
Laboratory Improvement $
Child Support Recovery $
Contract Management $
Public Affairs $
Office of Administrative
Appeals $
Health Care Facilities
Regulations $
Total Funds State Funds Pos.
$ 589,539 $ 589,539 18
1,212,876 $
477,859 $
6,107,305 $
186,647 $
316,404 $
580,216 $
1,763,976 $
1,039,361
330,859
389,337
186,647
316,404
580,216
651,021
56
19
195
7
12
22
64
GEORGIA LAWS 1982 SESSION
269
Radiological Health $ 394,408 $ 394,408 14
Administrative Policy,
Coordination
and Direction $
Personnel $
Administrative
Support Services $
Office of Review
and Investigation $
Systems Planning,
Development and
Training $
Program Analysis $
Electronic Data
Processing,
Planning and
Coordination $
Facilities Management $
Regulatory Services
Program Direction
and Support $
MH/MR Advisory
Council $
Council on Family
Planning $
Developmental
Disabilities $
Council on Maternal
and Infant Health $
Community and Inter-
governmental Affairs $
143,045 $
1,461,725 $
1,917,490 $
1,265,255 $
263,068 $
113,986 $
418,116 $
2,861,944 $
446,983 $
46,691 $
76,615 $
273,484 $
79,657 $
143,045
1,405,525
1,690,255
309,255
263,068
113,986
150,500
2,094,964
446,983
46,691
11,610
-0-
79,657
4
70
52
43
9
5
0
8
15
9
3
298,354 $ 298,354 8
270
GENERAL ACTS AND RESOLUTIONS, VOL. I
Indirect Cost $ -0- $ (1,977,619) 0
Undistributed $ -0- $ -0- 0
Total $ 21,295,643 $ 9,554,066 636
2. Financial Management Budget:
Personal Services.........................$ 4,779,385
Regular Operating Expenses................$ 129,708
Travel....................................$ 192,125
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 21,005
Equipment Purchases...................... $ 24,590
Computer Charges..........................$ -0-
Real Estate Rentals...................... $ 3,500
Telecommunications....................... $ -0-
Per Diem, Fees and Contracts..............$ 150,000
Utilities.................................$ -0-
Postage.................................. $ 33,100
Institutional Repairs
and Maintenance.........................$ 500,000
Total Funds Budgeted......................$ 5,833,413
Title XX Funds....H...................... $ -0-
Agency Funds........................... $ 1,901,961
State Funds Budgeted......................$ 3,931,452
Total Positions Budgeted 236
Authorized Motor Vehicles 0
Financial Management Functional Budgets
Total Funds State Funds Pos.
Budget Administration $ 1,535,349 $ 1,535,349 37
Accounting Services $ 2,583,641 $ 2,583,641 138
Auditing Services $ 1,714,423 $ 1,714,423 61
GEORGIA LAWS 1982 SESSION
271
Indirect Cost $ -0- $ (1,901,961) 0
Undistributed $ -0- $ -0- 0
Total $ 5,833,413 $ 3,931,452 236
3. Special Programs:
Personal Services..........................$ 2,505,819
Regular Operating Expenses.................$ 14,162,499
Travel.....................................$ 127,450
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 103,180
Equipment Purchases........................$ 3,390
Computer Charges...........................$ 286,968
Real Estate Rentals........................$ 9,223
Telecommunications.........................$ 57,935
Per Diem, Fees and Contracts...............$ 24,758,308
Menninger Group Homes......................$ 85,000
Contract - Georgia
Advocacy Office, Inc.....................$ 215,000
Grant - Savannah Speech
and Hearing Center.......................$ 39,947
Utilities..................................$ -0-
Postage....................................$ 21,875
Benefits for Child Care....................$ 610,300
Total Funds Budgeted.......................$ 42,986,894
Title XX Funds.............................$ 4,745,052
Indirect DOAS Services Funding.............$ 44,143
Agency Funds...............................$ 33,046,759
State Funds Budgeted.......................$ 5,150,940
Total Positions Budgeted 116
Authorized Motor Vehicles 111
Special Programs Functional Budgets
Total Funds State Funds
Pos.
State Economic
Opportunity Office $ 304,162 $ 140,566 10
272
GENERAL ACTS AND RESOLUTIONS, VOL. I
District Programs,
Directors Office $ 531,158 $ 497,532
Child Development
Administration $ 1,122,283 $ 336,460
Child Development
Contracts - Foster
Care $ 285,035 $ 8,641
Special Projects $ 911,779 $ 627,847
Child Development
Contracts - Day
Care
Child Development
Contracts - Home
Management
Child Development
Contracts - Outreach
Information and
Referral
Troubled Children
Benefits $
Council on Aging $
Energy Assistance $
Title XX Administration $
$ 19,054,213 $ 2,066,431
Undistributed
Total
$
$
268,246 $
629,408 $
325,340 $
695,300 $
47,167 $
17,714,352 $
1,088,451 $
-0- $
42,986,894 $
26,640
75,598
325,340
695,300
47,167
-0-
303,418
-0-
5,150,940
21
42
0
0
1
4
35
0
116
4. Public Health - Program
Direction and Support Budget:
Personal Services.........................$ 2,244,669
Regular Operating Expenses................$ 170,584
Travel....................................$ 54,779
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 48,560
Equipment Purchases...................MfP.$ 7,000
GEORGIA LAWS 1982 SESSION
273
Computer Charges............................$ 386,778
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 182,200
Per Diem, Fees and Contracts................$ 101,110
Utilities...................................$ -0-
Postage.....................................$ 1,450
Total Funds Budgeted........................$ 3,197,130
Indirect DOAS Services Funding..............$ 568,978
Agency Funds................................$ 296,260
State Funds Budgeted........................$ 2,331,892
Total Positions Budgeted 114
Authorized Motor Vehicles 0
Public Health - Program
Direction and Support Functional Budgets
Total Funds State Funds Pos.
Directors Office $ 521,246 $ 342,246 8
Employees Health $ 241,228 $ 149,328 9
Primary Health Care $ 302,470 $ 299,270 10
Health Program
Management $ 700,215 $ 528,655 27
Vital Records $ 891,045 $ 876,045 53
Health Services Research $ 540,926 $ 136,348 7
Undistributed $ -0- $ -0- 0
Total $ 3,197,130 $ 2,331,892 114
5. Public Health - Family
Health Budget:
Personal Services...........................$ 5,499,369
Regular Operating Expenses..................$ 2,436,021
Travel......................................$ 278,686
274
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment
Purchases................................$ 7,755
Publications and Printing..................$ 111,800
Equipment Purchases........................$ 4,120
Computer Charges...........................$ 154,770
Real Estate Rentals........................$ 9,660
Telecommunications.........................$ 56,370
Per Diem, Fees and Contracts...............$ 6,030,360
Utilities..............................,...$ -0-
Postage....................................$ 23,450
Regional Grants for Prenatal and
Postnatal Care Programs..................$ 3,879,000
Crippled Children Benefits.................$ 3,150,000
Kidney Disease Benefits....................$ 550,000
Cancer Control Benefits....................$ 1,890,000
Contract for the Purchase of
Clotting Factor for the
Hemophilia Program.......................$ 100,000
Benefits for Medically Indigent
High Risk Pregnant Women and
Their Infants............................$ 25,000
Grant to Grady Hospital for
Cystic Fibrosis Program..................$ 40,000
Contract with Emory University
for Cancer Research......................$ 106,000
Contract with Emory University
for Arthritis Research...................$ 188,850
Contract for Scoliosis Screening...........$ 15,000
Family Planning Benefits...................$ 226,530
Total Funds Budgeted.......................$ 24,782,741
Indirect DOAS Services Funding.............$ 11,350
Agency Funds...............................$ 10,679,108
State Funds Budgeted.......................$ 14,092,283
Total Positions Budgeted 242
Authorized Motor Vehicles 4
Public Health - Family Health Functional Budgets
Budgets
Total Funds State Funds Pos.
Family Health $ 5,713,057 $ 290,725 23
Management
GEORGIA LAWS 1982 SESSION
275
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 $
Dental Health $
Community Tuberculosis
Control $
Crippled Children - SSI $
Undistributed $
2.510.496 $
4,672,503 $
489,128 $
236,382 $
184,357 $
4,564,744 $
243,495 $
1,443,682 $
575,997 $
584,479 $
143,177 $
756,329 $
1.366.496 $
68,051 $
1,048,562 $
181,806 $
-0- $
24,782,741 $
2,282,496 6
2,468,113 60
-0- 17
236,382 6
184,357 12
4,517,744 12
63,130 5
1,443,682 22
-0- 10
-0- 18
136,177 6
51,193 13
1,309,871 11
68,051 3
1,040,362 24
-0- 0
-0- 0
14,092,283 242
Total
$
276
GENERAL ACTS AND RESOLUTIONS, VOL. I
6. Public Health - Community
Health Budget:
Personal Services.........................$ 3,110,290
Regular Operating Expenses................$ 443,129
Travel....................................$ 51,971
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 43,015
Equipment Purchases.......................$ 43,950
Computer Charges..........................$ -0-
Real Estate Rentals...J...................$ -0-
Telecommunications....j...................$ 4,000
Per Diem, Fees and Contracts..............$ 324,267
Utilities.................................$ -0-
Postage...................................$ 11,950
Total Funds Budgeted......................$ 4,032,572
Indirect DOAS Services Funding............$ 4,000
Agency Funds..............................$ 394,863
State Funds Budgeted......................$ 3,633,709
Total Positions Budgeted 152
Authorized Motor Vehicles 1
Public Health - Community Health Functional
Budgets
Total Funds State Funds Pos.
Occupational and
Radiological Health $ 348,045 $ 222,378 7
Laboratory Services $ 3,088,979 $ 2,888,783 129
Emergency Health $ 595,548 $ 522,548 16
Undistributed $ -0- $ -0- 0
Total $ 4,032,572 $ 3,633,709 152
7. Public Health - Local
Services Budget:
Personal Services...........................$
Regular Operating Expenses..................$
Travel......................................$
12,054,764
22,486,673
484,923
GEORGIA LAWS 1982 SESSION
277
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...............$ 4,836,441
Utilities..................................$ 6,350
Postage....................................$ 26,395
Contract - Macon-Bibb County
Hospital Authority.......................$ 1,050,000
Grant to Counties for
Metabolic Disorders
Screening and Treatment..................$ 42,800
Family Planning Benefits...................$ 75,000
Midwifery Program Benefits.................$ 175,000
Crippled Children Benefits.................$ 1,162,625
Grants to Counties for Teenage
Pregnancy Prevention.....................$ 250,000
Benefits for Medically Indigent
High Risk Pregnant Women
and Their Infants........................$ 3,451,480
Grant for DeKalb County Mental
Retardation Project......................$ 97,300
Grant for Chatham County
Mental Retardation Project...............$ 92,800
Grant-In-Aid to Counties...................$ 29,856,694
Total Funds Budgeted.......................$ 76,545,770
Indirect DO AS Services Funding............$ 130,470
Agency Funds...............................$ 38,720,980
Title XX Funds.............................$ 225,000
State Funds Budgeted.......................$ 37,469,320
Total Positions Budgeted 563
Authorized Motor Vehicles 2
Public Health - Local Services Functional Budgets
Total Funds State Funds Pos.
Minimum Foundation
$ 7,090,589 $ 6,674,089 224
278
GENERAL ACTS AND RESOLUTIONS, VOL. I
Grant-In-Aid to Counties $ 26,807,153 $ 22,150,3201 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$
District Dental $
Teenage Pregnancy
Prevention $
District Crippled
Children
Mental Retardation
Projects
Malnutrition
Undistributed
Total
1.146.208 $ 615,008 20
5.551.208 $ 1,045,643 183
341,982 $ 341,892 15
1,061,688 $ 95,270 29
3,910,273 $ 3,836,273 19
284,694 $ 284,694 12
915,839 $ 898,324 18
250,000 $ 250,000
$ 2,133,187 $ 1,277,807 33
$ 190,100 $ $ -0- 0
$ 26,862,939 $ -0- 10
$ -0- $ -0- 0
$ 76,545,770 $ 37,469,320 563
8. Mental Health - Program
Direction and Support Budget:
Personal Services...................... $ 3,483,197
Regular Operating Expenses............. $ 183,814
Travel................................. $ 169,246
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing.....M.........$ 50,300
Equipment Purchases......................$ 7,000
Computer Charges.................... |..$ 760,780
Real Estate Rentals......................$ -0-
GEORGIA LAWS 1982 SESSION 279
Telecommunications..........................$ 164,300
Per Diem, Fees and Contracts................$ 489,807
Utilities...................................$ 2,500
Postage.....................................$ 2,700
Total Funds Budgeted........................$ 5,313,644
Title XX Funds..............................$ 128,750
Indirect DO AS Services Funding.............$ 997,287
Agency Funds................................$ 942,258
State Funds Budgeted........................$ 3,245,349
Total Positions Budgeted 145
Mental Health - Program Direction
and Support Functional Budgets
Administration
Special Projects
and Contracts
Program Coordination
Central Lab
Undistributed
Total
Total Funds State Funds Pos.
$ 2,593,681 $ 1,612,1094 63
$
$
$
$
$
400,600 $
2,142,275 $
177,088 $
-0- $
5,313,644 $
-0-
1,633,155
-0-
-0-
3,245,349
9
66
7
0
145
9. Purchase of Social Services:
Personal Services..........................$ -0-
Regular Operating Expenses.................$ -0-
Travel.....................................$ -0-
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ -0-
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ -0-
Per Diem, Fees and Contracts...............$ 410,000
Utilities..................................$ *0'
280
GENERAL ACTS AND RESOLUTIONS, VOL. I
Postage..................................$ -0-
W.I.N. Benefits......................... $ 802,357
Grants to Fulton County for 24-
hour Emergency Social Services.........$ 171,434
Benefits for Child Care..................$ 8,695,517
Homemaker Meals..........................$ 111,202
Chatham County Homemaker Project.........$ 471,879
Douglas County Homemaker Project.........$ 124,000
Fulton County Homemaker Project..........$ 320,286
Total Funds Budgeted.....................$ 11,106,675
Agency Funds.............................$ 5,444,114
Title XX Funds...........................$ 274,419
State Funds Budgeted.....................$ 5,388,142
Total Positions Budgeted 0
Purchase of Social Services Functional Budgets
Total Funds State Funds Pos.
Work Incentive Benefits $ 802,357 $ 127,357
Grants to Fulton County
for 24-hour Emergency
Social Services $ 171,434 $
Legal Services $ 410,000 $
AFDC - Family Foster
Care
$ 2,499,472 $
AFDC - Institutional
Foster Care $
Specialized Foster Care $
$
Child Welfare -
Family Foster Care
Adoption Supplement $
Non-AFDC Institutional
Foster Care $
806,447 $
53,564 $
4,032,118 $
220,000 $
242,157 $
171,434
312,081
839,308
270,812
53,564
2,545,326
220,000
242,157
0
0
0
0
0
0
GEORGIA LAWS 1982 SESSION
281
Liability Insurance $
Emergency Shelter Care $
Day Care $
Psychiatric, Psychological
and Speech Therapy $
Maternity Care $
Return of Runaways -
County $
Homemaker Projects $
Undistributed $
Total $
15,400 $
84,070 $
547,960 $
128,064 $
59,265 $
7,000 $
1,027,367 $
-0- $
11,106,675 $
15,400
84,070
127,960
105,564
26,057
7,000
240,052
-0-
5,388,142
0
0
0
0
0
0
0
0
0
10. Youth Services - Program
Direction and Support:
Personal Services.........................$ 715,930
Regular Operating Expenses................$ 15,000
Travel....................................$ 17,963
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......................$ 774,393
Indirect DOAS Services Funding............$ -0-
Agency Funds..............................$ -0-
State Funds Budgeted......................$ 774,393
Total Positions Budgeted 29
Authorized Motor Vehicles 0
282
GENERAL ACTS AND RESOLUTIONS, VOL. I
11. Services to the Aged Budget:
Personal Services...........................$ 1,057,921
Regular Operating Expenses..................$ 26,029
Travel......................................$ 52,809
Motor Vehicle Equipment
Purchases.................................$ -0-
Publications and Printing...................$ 8,465
Equipment Purchases.........................$ -0-
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 3,951
Telecommunications..........................$ 27,865
Per Diem, Fees and Contracts................$ 20,965,352
Utilities...................................$ -0-
Postage.....................................$ 500
Total Funds Budgeted........................$ 22,142,892
Title XX Funds..............................$ 1,030,144
Agency Funds.............................. $ 19,297,042
State Funds Budgeted........................$ 1,815,706
Total Positions Budgeted 41
Authorized Motor Vehicles 224
Services to the Aged Functional Budgets
Total Funds State Funds Pos.
Title XX Adult Services $ 4,468,397 $
Administration and
Planning
Nutrition Grants
Areawide Grants
Undistributed
Total
$
$
$
$
2,512,140 $
9,426,756 $
5,735,599 $
-0- $
$ 22,142,892 $
711,795
416,181
437,730
250,000
-0-
1,815,706
0
41
0
0
0
41
12. Vocational Rehabilitation -
Program Direction and
Support Budget:
Personal Services..........................1,349,288
Regular Operating Expenses...................$ 88,879
GEORGIA LAWS 1982 SESSION 283
Travel....................................$ 75,579
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..............$ 268,245
Utilities.................................$ -0-
Postage...................................$ 2,000
E.S.R.P. Case Services....................$ 150,000
Grants for Nephrology Centers.............$ 228,750
Total Funds Budgeted......................$ 2,650,296
Indirect DO AS Services Funding...........$ -0-
Agency Funds..............................$ 1,716,460
State Funds Budgeted......................$ 933,836
Total Positions Budgeted 54
Vocational Rehabilitation - Program
Direction and Support Functional Budgets
Total Funds State Funds Pos.
Program Direction and
Support $ 1,856,149 $ 541,571 45
Grants Management $ 794,147 $ 392,265 9
Undistributed $ -0- $ -0- 0
Total $ 2,650,296 $ 933,836 54
13. Vocational Rehabilitation -
Facilities Budget:
Personal Services.........................$ 3,027,072
Regular Operating Expenses................$ 297,321
Travel....................................$ 20,997
Motor Vehicle Equipment Purchases.........$ 40,200
Publications and Printing.................$ 700
Equipment Purchases.......................$ 29,060
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 127,900
Telecommunications........................$ 34,050
284
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts.............$ 105,300
Utilities................................$ 58,950
Postage..................................$ 3,825
Capital Outlay...........................$ -0-
Case Services............................$ -0-
Total Funds Budgeted.....................$ 3,745,375
Indirect DOAS Services Funding...........$ -0-
Agency Funds.............................$ 2,856,331
Title XX Funds...........................$ -0-
State Funds Budgeted.....................$ 889,044
Total Positions Budgeted 167
Authorized Motor Vehicles 19
Vocational Rehabilitation - Facilities Functional
Budgets
Total Funds State Funds Pos.
Youth Development
Center - V. R. Unit $ 327,796 $ 78,104 15
Atlanta Rehabilitation
Center $ 1,843,334 $ 447,290 76
Alto Rehabilitation
Center $ 241,397 $ 60,706 12
Cave Spring
Rehabilitation Center $ 338,959 $ 79,146 18
Central Rehabilitation
Center $ 641,290 $ 136,389 27
Georgia Vocational
Adjustment Center
- Gracewood $ 352,599 $ 87,409 19
Undistributed $ -0- $ -0- 0
Total $ 3,745,375 $ 889,044 167
14. Roosevelt Warm Springs
Rehabilitation Institute:
Personal Services........................$ 6,678,993
Regular Operating Expenses...............$ 1,224,049
Travel...................................$ 44,143
GEORGIA LAWS 1982 SESSION
285
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..................................$ 400,000
Postage....................................$ 11,800
Case Services..............................$ 25,000
Capital Outlay.............................$ 600,000
Operations.................................$ -0-
Total Funds Budgeted.......................$ 9,803,325
Indirect DOAS Services Funding.............$ 50,000
Agency Funds...............................$ 5,658,085
State Funds Budgeted.......................$ 4,095,240
Total Positions Budgeted 404
Authorized Motor Vehicles 23
Roosevelt Warm Springs Rehabilitation Institute -
Functional Budgets
Total Funds State Funds Pos.
$ 4,044,886 $ 2,421,186 128
Administration
Rehabilitation Services $ 4,696,093 $
Instruction $ 383,906 $
Independent Living $ 540,684 $
Research/Training $ 137,756 $
Undistributed $ -0- $
Total $ 9,803,325 $
965,603 234
30,011 16
540,684 21
137,756 5
-0- 0
4,095,240 404
286
GENERAL ACTS AND RESOLUTIONS, VOL. I
15. Georgia Factory for the
Blind Budget:
Personal Services..........................$ 2,414,514
Regular Operating Expenses.................$ 4,679,177
Travel................................. $ 53,478
Motor Vehicle Equipment Purchases..........$ 153,500
Publications and Printing..................$ 3,200
Equipment Purchases........................$ 223,200
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 8,400
Telecommunications.........................$ 23,640
Per Diem, Fees and Contracts...............$ 110,000
Utilities.........................................85,000
Postage....................................$ 5,800
Capital Outlay............................ $ 185,040
Case Services..............................$ 225,000
Total Funds Budgeted.......................$ 8,169,949
Agency Funds...................................7,452,852
State Funds Budgeted.......................$ 717,097
Total Positions Budgeted 44
Authorized Motor Vehicles 14
Georgia Factory for the Blind Functional Budgets
Operations
Supervision
Business Enterprise
Vending Stand
Project
Undistributed
Total
Total Funds State Funds Pos.
$ 7,085,040 $ 185,040 8
$
357,097 $
727,812 $
-0- $
8,169,949 $
357.097 19
174,960 17
-0- 0
717.097 44
16. Vocational Rehabilitation -
Services Budget:
Personal Services............................$ 13,711,891
Regular Operating Expenses...................$ 458,940
Travel.......................................$ 432,754
GEORGIA LAWS 1982 SESSION
287
Motor Vehicle Equipment
Purchases.................................$ -0-
Publications and Printing...................$ 12,700
Equipment Purchases.........................$ 18,500
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 611,758
Telecommunications..........................$ 351,300
Per Diem, Fees and Contracts................$ 306,860
Utilities...................................$ 65,520
Postage.....................................$ 73,105
Contract with Vocational
Rehabilitation Community
Facilities................................$ 3,439,970
Contract for Epilepsy.......................$ 60,000
Case Services...............................$ 11,582,750
Contract with the Affirmative
Industries................................$ 100,000
Cerebral Palsy Contract.....................$ 130,000
Total Funds Budgeted........................$ 31,356,048
Indirect DOAS Services Funding..............$ 50,000
Agency Funds................................$ 21,681,749
State Funds Budgeted........................$ 9,624,299
Total Positions Budgeted 694
Authorized Motor Vehicles 5
17. Vocational Rehabilitation -
Disability Adjudication Budget:
Personal Services...........................$ 7,744,177
Regular Operating Expenses..................$ 194,137
Travel......................................$ 20,950
Motor Vehicle Equipment
Purchases.................................$ -0-
Publications and Printing...................$ 43,270
Equipment Purchases.........................$ 78,690
Computer Charges............................$ 249,527
Real Estate Rentals.........................$ 505,746
Telecommunications..........................$ 405,080
Per Diem, Fees and Contracts................$ 372,342
Utilities...................................$ -0-
Postage.....................................$ 155,000
Case Services...............................$ 6,974,732
Total Funds Budgeted........................$ 16,743,651
Agency Funds................................$ 16,743,651
288
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted..............!.........$ -0-
Total Positions Budgeted 384
18. Public Assistance Budget:
Personal Services............................$ -0-
Regular Operating Expenses...................$ 400,000
Travel.........................V..........:;$ -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......................$ 60,000
AFDC Benefits............................. $ 169,734,584
Total Funds Budgeted.........................$ 170,194,584
Agency Funds.................................$ 113,101,418
State Funds Budgeted.........................$ 57,093,166
Total Positions Budgeted 0
Public Assistance Functional Budgets
Total Funds State Funds Pos.
Refugee Benefits
AFDC Payments
SSI - Supplement
Benefits
Undistributed
Total
400,000 $
-0-
$ 169,734,584 $ 57,033,166
$
$
60,000 $
-0- $
60,00
-0-
$ 170,194,584 $ 57,093,166
0
0
0
0
19. Local Services - Community Services
and Benefits Payments Budget:
Personal Services.......................$
Regular Operating Expenses..............$
Travel H...............I............
-0-
-0-
-0-
GEORGIA LAWS 1982 SESSION
289
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..........................$ 55,267,344
Grants to Counties for
Social Services..........................$ 43,878,230
Total Funds Budgeted........................$ 99,145,574
Agency Funds................................$ 51,024,850
Title XX Funds.......................... $ 3,589,645
State Funds Budgeted........................$ 44,531,079
Total Positions Budgeted 0
Local Services - Community Services
and Benefits Payments Functional Budgets
Total Funds State Funds Pos.
Local Services - Benefits
Benefits Payments
Grants
Grants to Counties for
Social Services
Undistributed
Total
$ 55,267,344 $ 26,050,347
$ 43,878,230 $ 18,480,732
$
-0- $
$ 99,145,574 $ 44,531,070
0
0
0
20. Family and Children Services -
Program Direction and Support
Budget:
Personal Services.........................$ 7,617,596
Regular Operating Expenses................$ 301,744
Travel....................................$ 352,755
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing.................$ 651,835
Equipment Purchases.......................$ 43,430
290
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges.............................$ 3,655,240
Real Estate Rentals..........................$ 181,922
Telecommunications...........................$ 849,503
Per Diem, Fees and Contracts.................$ 2,861,936
Utilities....................................$ 6,615
Postage..................................... $ 275,620
Total Funds Budgeted.........................$ 16,798,196
Agency Funds.................................$ 10,050,968
Indirect DOAS Services Funding...............$ 540,180
Title XX Funds...............................$ 44,000
State Funds Budgeted.........................$ 6,163,048
Toted Positions Budgeted 343
Family and Children Services - Program
Direction and Support Functional Budgets
Directors Office
Research and
Demonstration
Program Planning and
Development
Program Management
and Training
Administration and
Management
Total Funds State Funds Pos.
$ 445,313 $ 445,313 7
$ 59,629 $
$ 876,557 $
59,629 3
876,557 17
$ 1,729,029 $ 1,477,828 61
$ 9,435,133 $ 3,374,529 88
Management Information
Systems $ 928,325
District Program
Operations
$ 853,325 50
$ 2,608,427 $ 2,608,427 99
District Administration $ 715,783 $ 715,783 18
GEORGIA LAWS 1982 SESSION
291
Indirect Cost $ -0- $ (4,248,343) 0
Undistributed $ -0- $ -0- 0
Total $ 16,798,196 $ 6,163,048 343
Budget Unit Object Classes:
Personal Services..........................$ 90,590,904
Regular Operating Expenses.................$ 48,518,686
Travel.....................................$ 2,976,366
Motor Vehicle Equipment
Purchases................................$ 257,310
Publications and Printing..................$ 1,290,585
Equipment Purchases........................$ 701,780
Computer Charges...........................$ 6,717,065
Real Estate Rentals........................$ 4,305,010
Telecommunications.........................$ 3,047,803
Per Diem, Fees and Contracts...............$ 65,071,345
Utilities..................................$ 766,055
Postage....................................$ 1,163,455
Capital Outlay.............................$ 785,040
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...................$ 29,856,694
Grant - Savannah Speech
and Hearing Center.......................$ 39,947
Work Incentive Benefits....................$ 802,357
Grants to Fulton County
for 24-hour Emergency
Social Services..........................$ 171,434
Benefits for Child Care....................$ 9,305,817
292
GENERAL ACTS AND RESOLUTIONS, VOL. I
Homemaker Meals...........................$ 111,202
Chatham County
Homemaker Project.......................$ 471,879
Douglas County
Homemaker Project.......................$ 124,000
Fulton County Homemaker Project...........$ 320,286
Grants for Nephrology Centers.............$ 228,750
Case Services........................... $ 18,807,482
E.S.R.P. Case Services....................$ 150,000
SSI-Supplement Benefits...................$ 60,000
AFDC Benefits.............................$ 169,734,584
Local Services Benefits
Payments Grants.........................$ 55,267,344
Grants to Counties for Social
Services................................$ 43,878,230
Contract with Vocational
Rehabilitation Community
Facilities..............................$ 3,439,970
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
Menninger Group Homes.....................$ 85,000
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 1982 SESSION
293
$ 42,800
4,364
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
Public 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 $57,033,166 in
State funds for the purpose of making AFDC
benefit payments.
Provided that for the last three months of
Fiscal 1982, the following maximum benefits and
maximum standards of need shall apply:
Grants to Counties for
Metabolic Disorders
Screening and Testing.
Total Positions Budgeted
Number in
Asst. Group
Standards Maximum Monthly
of Need Amount
1
2
3
4
$ 202
306
366
432
$ 107
162
194
229
294
GENERAL ACTS AND RESOLUTIONS, VOL. I
5
6
7
8
9
10
11
494
536
580
616
648
694
742
262
284
307
326
343
368
393
Provided further, that the Department of
Human Resources is authorized to calculate all
monthly benefit payments utilizing a factor of
53% of the above standard of needs effective April
1,1982.
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 Public 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 appropri-
ation shall be used to improve and expand Public
Health programs and not to supplant State funds
in this appropriation.
GEORGIA LAWS 1982 SESSION
295
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 $5,000) to the Georgia Building Authority
for the purpose of maintaining the grounds at the
Roosevelt Warm Springs Hospital.
To purchase, lease or otherwise acquire or
reimburse for the purchase or lease of equipment,
or purchase or reimburse for the purchase of drugs
and medical treatment of persons with Cystic
Fibrosis over the age of 21. Funds shall be
expended to those persons qualifying who are not
otherwise covered by any other private or publicly
funded program and are determined to need sup-
port from the State.
Provided further, the Roosevelt Warm Springs
Institute for Rehabilitation is authorized to use
excess agency income for a repair and maintenance
program.
B. Budget Unit: State Health Planning
and Development...................$ 431,400
State Health Planning
and Development Budget:
Personal Services........................$ 787,840
Regular Operating Expenses...............$ 45,320
296 GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel.....................................$ 20,100
Publications and Printing..................$ 7,500
Equipment Purchases........................$ 1,600
Computer Charges...........................$ 30,000
Real Estate Rentals........................$ 75,700
Telecommunications.........................$ 21,210
Per Diem, Fees and Contracts...............$ 140,000
Postage............................................5,000
Total Funds Budgeted......................$ 1,134,270
Indirect DOAS Services Funding.............$ -0-
Agency Funds...............................$ 702,870
State Funds Budgeted.......................$ 431,400
Total Positions Budgeted 33
Authorized Motor Vehicles 0
Budget Unit Object Classes:
Personal Services..........................$ 787,840
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........................$ 264,306,041
1. Georgia Regional Hospital at
Augusta Budget:
Personal Services..........................$ 8,174,080
Regular Operating Expenses.................$ 1,047,928
Travel.....................................$ 10,865
Motor Vehicle
Equipment Purchases.....................$ 31,200
Publications and Printing..................$ 5,200
Equipment Purchases........................$ 229,185
Computer Charges...........................$ 89,000
Real Estate Rentals..................................-0-
GEORGIA LAWS 1982 SESSION
297
Telecommunications.........................$ 88,420
Per Diem, Fees and Contracts...............$ 217,600
Utilities..................................$ 291,500
Postage....................................$ 8,300
Authority Lease Rentals....................$ 387,000
Capital Outlay.............................$ 17,234
Total Funds Budgeted.......................$ 10,597,512
Agency Funds...............................$ 1,125,325
Indirect DOAS Services Funding.............$ 82,919
State Funds Budgeted.......................$ 9,389,268
Total Positions Budgeted -
July 1, 1981 492
Total Positions Budgeted -
June 30, 1982 503
Authorized Motor Vehicles 24
2. Georgia Regional Hospital at
Atlanta Budget:
Personal Services..........................$ 10,489,014
Regular Operating Expenses.................$ 1,393,424
Travel.....................................$ 16,815
Motor Vehicle Equipment
Purchases.................................$ 8,000
Publications and Printing..................$ 9,100
Equipment Purchases........................$ 114,640
Computer Charges...........................$ 128,000
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 114,500
Per Diem, Fees and Contracts...............$ 133,125
Utilities..................................$ 444,000
Postage....................................$ 10,000
Capital Outlay.............................$ 7,000
Authority Lease Rentals....................$ 513,000
Total Funds Budgeted.......................$ 13,380,618
Agency Funds...............................$ 1,959,100
Indirect DOAS Services Funding.............$ 116,784
State Funds Budgeted.......................$ 11,304,734
Total Positions Budgeted 642
Authorized Motor Vehicles 25
3. Georgia Regional Hospital at
Savannah Budget:
Personal Services..........................$ 8,143,132
Regular Operating Expenses.................$ 898,096
298
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel......................................$ 14,086
Motor Vehicle
Equipment Purchases.......................$ 34,350
Publications and Printing...................$ 1,900
Equipment Purchases................'........$ 21,660
Computer Charges............................$ 123,000
Real Estate Rentals....................... $ -0-
Telecommunications........................ $ 99,300
Per Diem, Fees and Contracts................$ 132,775
Utilities............................... $ 354,000
Postage............................... $ 6,900
Authority Lease Rentals.....................$ 500,000
Capital Outlay..............................$ 106,250
Total Funds Budgeted........................$ 10,435,449
Agency Funds........................... $ 864,300
Indirect DOAS Services Funding..............$ 108,957
State Funds Budgeted...................... $ 9,462,192
Total Positions Budgeted -
July 1, 1981 498
Total Positions Budgeted -
June 30, 1982 493
Authorized Motor Vehicles 22
4. West Central Georgia Regional
Hospital Budget:
Personal Services.......................... $ 7,035,211
Regular Operating Expenses................ $ 855,182
Travel........................... .........$ 13,898
Motor Vehicle Equipment Purchases...........$ 7,750
Publications and Printing...................$ 4,930
Equipment Purchases........................ $ 29,535
Computer Charges........................ $ 107,000
Real Estate Rentals........................$ -0-
Telecommunications........................ $ 93,000
Per Diem, Fees and Contracts................$ 36,720
Utilities................................. $ 370,000
Postage................................. $ 10,700
Authority Lease Rentals...........................666,500
Capital Outlay............................ $ 500,000
Total Funds Budgeted........................$ 9,730,426
Agency Funds.................................... 892,600
Indirect DOAS Services Funding..............$ 89,714
GEORGIA LAWS 1982 SESSION
299
State Funds Budgeted......................$ 8,748,112
Total Positions Budgeted -
July 1, 1981 441
Total Positions Budgeted -
June 30, 1982 434
Authorized Motor Vehicles 25
5. Northwest Georgia Regional Hospital
at Rome Budget:
Personal Services........................ $ 10,009,775
Regular Operating Expenses.................$ 1,090,271
Travel.....................................$ 11,646
Motor Vehicle Equipment
Purchases................................$ 62,330
Publications and Printing..................$ 1,360
Equipment Purchases........................$ 83,720
Computer Charges...........................$ 128,000
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 89,150
Per Diem, Fees and Contracts...............$ 36,600
Utilities..................................$ 1,003,000
Postage....................................$ 7,000
Capital Outlay.............................$ 724,296
Authority Lease Rentals....................$ 883,500
Total Funds Budgeted.......................$ 14,130,648
Agency Funds...............................$ 2,673,415
Indirect DOAS Services Funding.............$ 113,803
State Funds Budgeted.......................$ 11,343,430
Total Positions Budgeted 649
Authorized Motor Vehicles 45
6. Gracewood State School
and Hospital Budget:
Personal Services..........................$ 25,759,841
Regular Operating Expenses.................$ 3,117,408
Travel.....................................$ 11,475
Motor Vehicle Equipment
Purchases................................$ 106,650
Publications and Printing..................$ 6,640
Equipment Purchases........................$ 126,695
Computer Charges...........................$ 92,000
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 247,600
Per Diem, Fees and Contracts..............$ 115,970
300
GENERAL ACTS AND RESOLUTIONS, VOL. I
Utilities................................ $ 1,350,000
Postage.................................... $ 13,200
Capital Outlay..............................$ 554,871
Total Funds Budgeted........................$ 31,502,350
Agency Funds................................$ 11,766,400
Indirect DOAS Services Funding..............$ 132,805
State Funds Budgeted........................$ 19,603,145
Total Positions Budgeted -
July 1, 1981 1,801
Total Positions Budgeted -
June 30, 1982 1,745
Authorized Motor Vehicles 111
7. Southwestern State Hospital Budget:
Personal Services...........................$ 17,342,240
Regular Operating Expenses..................$ 1,867,065
Travel.................................. $ 17,881
Motor Vehicle Equipment
Purchases............................... $ 50,800
Publications and Printing...................$ 5,300
Equipment Purchases.........................$ 116,775
Computer Charges.......................... $ 136,000
Real Estate Rentals.........................$ -0-
Telecommunications....................... $ 133,600
Per Diem, Fees and Contracts................$ 241,490
Utilities................................. $ 689,000
Postage....................!...............$ 14,000
Capital Outlay..................:..........$ 87,766
Total Funds Budgeted........................$ 20,701,917
Agency Funds................................$ 5,315,500
Indirect DOAS Services Funding..............$ 131,502
State Funds Budgeted........................$ 15,254,915
Total Positions Budgeted 1,155
Authorized Motor Vehicles 53
8. Georgia Retardation Center Budget:
Personal Services......................... $ 14,694,108
Regular Operating Expenses..................$ 2,709,613
Travel........................:............$ 12,759
Motor Vehicle Equipment
Purchases............................. $ 9,350
Publications and Printing...................$ 6,610
Equipment Purchases..................... $ 74,075
Computer Charges.......................... $ 140,000
GEORGIA LAWS 1982 SESSION
301
Real Estate Rentals..........................$ -0-
Telecommunications...........................$ 149,800
Per Diem, Fees and Contracts.................$ 132,050
Utilities....................................$ 957,300
Postage......................................$ 9,350
Authority Lease Rentals......................$ 794,000
Capital Outlay...............................$ 35,000
Total Funds Budgeted.........................$ 19,724,015
Agency Funds.................................$ 8,301,300
Indirect DO AS Services Funding..............$ 149,063
State Funds Budgeted.........................$ 11,273,652
Total Positions Budgeted 935
Authorized Motor Vehicles 39
9. Georgia Mental Health
Institute Budget:
Personal Services............................$ 8,820,845
Regular Operating Expenses...................$ 1,124,782
Travel.......................................$ 15,121
Motor Vehicle Equipment
Purchases.................................$ 14,860
Publications and Printing....................$ 5,635
Equipment Purchases..........................$ 80,790
Computer Charges.............................$ 148,000
Real Estate Rentals..........................$ -0-
Telecommunications...........................$ 160,500
Per Diem, Fees and Contracts.................$ 626,890
Utilities....................................$ 1,251,000
Postage......................................$ 11,900
Authority Lease Rentals......................$ 275,000
Capital Outlay...............................$ 8,750
Total Funds Budgeted.........................$ 12,544,073
Agency Funds.................................$ 1,195,075
Indirect DOAS Services Funding...............$ 141,386
State Funds Budgeted.........................$ 11,207,612
Total Positions Budgeted 525
Authorized Motor Vehicles 20
10. Central State Hospital Budget:
Personal Services............................$ 64,912,363
Regular Operating Expenses...................$ 8,910,913
Travel.......................................$ 22,424
302
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment
Purchases................................$ 147,450
Publications and Printing..................$ 41,850
Equipment Purchases........................$ 185,175
Computer Charges.......................,...$ 564,000
Real Estate Rentals,,,.................... $ -0-
Telecommunications.................. v,..$ 440,200
Per Diem, Fees and Contracts...............$ 196,400
Utilities......................,...........$ 3,856,000
Postage....................................$ 38,000
Authority Lease Rentals....................$ 786,000
Capital Outlay.............................$ 664,000
Total Funds Budgeted.......................$ 80,764,775
Agency Funds...............................$ 17,771,295
Indirect DOAS Services Funding.............$ 458,067
State Funds Budgeted.......................$ 62,535,413
Total Positions Budgeted -
July 1, 1981 4,180
Total Positions Budgeted -
June 30, 1982 4,162
Authorized Motor Vehicles 215
11. State Youth Development
Centers Budget:
Personal Services........................ $ 11,157,936
Regular Operating Expenses........|........$ 1,310,355
Travel................................. $ 8,277
Motor Vehicle Equipment
Purchases.............................. $ 62,420
Publications and Printing..................$ 3,000
Equipment Purchases........................$ 171,385
Computer Charges......................... $ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 98,800
Per Diem, Fees and Contracts...............$ 123,840
Utilities................................ $ 672,100
Postage................................ $ 18,465
Capital Outlay.............................$ 250,000
Total Funds Budgeted.......................$ 13,876,578
Agency Funds............................. $ 323,635
State Funds Budgeted.......................$ 13,552,943
Total Positions Budgeted 710
Authorized Motor Vehicles 103
GEORGIA LAWS 1982 SESSION
303
12. Regional Youth Development
Centers Budget:
Personal Services...................... $ 5,850,391
Regular Operating Expenses.................$ 823,835
Travel................................... $ 12,026
Motor Vehicle Equipment Purchases..........$ 27,350
Publications and Printing..................$ 2,700
Equipment Purchases........................$ 42,650
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 56,485
Per Diem, Fees and Contracts...............$ 69,800
Utilities..................................$ 434,000
Postage....................................$ 8,450
Capital Outlay..........................$ 632,500
Reserve for Gwinnett
County RYDC..............................$ -0-
Grants to County-Owned Detention
Centers.................................$ 1,844,220
Total Funds Budgeted.......................$ 9,804,407
Agency Funds...............................$ 226,625
State Funds Budgeted.......................$ 9,577,782
Total Positions Budgeted 406
Authorized Motor Vehicles 41
13. Community Mental Health/
Mental Retardation
Services Budget:
Personal Services..........................$ 8,541,320
Regular Operating Expenses.................$ 483,388
Travel.....................................$ 57,126
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 8,640
Equipment Purchases........................$ 2,530
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 102,720
Telecommunications.........................$ 42,590
Per Diem, Fees and Contracts...............$ 254,930
Utilities..................................$ 27,000
Postage....................................$ 2,900
Capital Outlay.............................$ 50,000
Drug Abuse Contracts.......................$ 899,058
304
GENERAL ACTS AND RESOLUTIONS, VOL. I
Day Care Centers for the
Mentally Retarded........................$ 41,624,640
MR Day Care Center Motor
Vehicle Purchases........................$ 521,625
Developmental Disability
Services Chiefs..........................$ 747,002
Group Homes for the
Mentally Retarded........................$ 3,490,039
Supportive Living Staff....................$ 1,113,903
Supportive Living Benefits.................$ 1,783,610
Georgia State Foster
Grandparent/Senior
Companion Program........................$ 514,000
Community Residential
Services Staff...........................$ 1,588,771
Community Residential Services.............$ 2,606,734
Community Mental Health
Center Services..........................$ 53,386,771
Project Rescue.............................$ 249,412
Project ARC..................................$ 155,000
Project Friendship.........................$ 209,000
Group Homes for
Autistic Children........................$ 218,332
Uniform Alcoholism Projects................$ 2,291,132
Total Funds Budgeted.......................$ 120,972,173
Title XX.................,.................$ 6,784,665
Agency Funds...............................$ 52,115,335
State Funds Budgeted.......................$ 62,072,173
Total Positions Budgeted 435
Authorized Motor Vehicles 801
Community Mental Health/Mental Retardation
Services Functional Budgets
Total Funds State Funds Pos.
Mental Health
Community
Assistance $ 5,271,124 $ 5,217,274 240
Outdoor Therapeutic
Program $ 685,827 $ 685,827 24
GEORGIA LAWS 1982 SESSION
305
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
$
$
$
$
$
$
$
$
$
1,435,359 $
98,646 $
1,043,438 $
747,002 $
42,446,510 $
2,897,513 $
1,435,359
98,646
420,348
747,002
20,966,596
2,897,513
3,490,039 $ 3,490,039
514.000 $
4,195,505 $
218,332 $
249,412 $
899,058 $
155.000 $
209.000 $
514.000
2,876,880
218,332
149,336
245,125
155.000
209.000
64
3
47
0
21
0
0
0
0
0
0
0
$ 54,125,267 $ 19,676,464 36
306
GENERAL ACTS AND RESOLUTIONS, VOL. I
Uniform Alcoholism
Projects $ 2,291,132 $ 2,069,432 0
Undistributed $ -0- $ -0- 0
Total $ 120,972,173 $ 62,072,173 435
14. Community Youth Services Budget:
Personal Services.......................$ 7,447,208
Regular Operating Expenses..............$ 599,985
Travel..................................$ 376,657
Motor Vehicle Equipment Purchases.......$ 18,700
Publications and Printing...............$ 3,750
Equipment Purchases.....................$ 4,950
Computer Charges........................$ -0-
Real Estate Rentals.....................$ 267,190
Telecommunications......................$ 203,550
Per Diem, Fees and Contracts............$ -0-
Utilities...............................$ 26,480
Postage.................................$ 17,200
Child Care Benefits.....................$ 15,000
Total Funds Budgeted....................$ 8,980,670
State Funds Budgeted....................$ 8,980,670
Total Positions Budgeted 421
Authorized Motor Vehicles 19
Community Youth Services Functional Budgets
Total Funds State Funds Pos.
Group Homes $ 399,746 $ 399,746 19
Community Detention $ 804,244 $ 804,244 18
Day Centers $ 512,840 $ 512,840 24
Community Treatment
Centers $ 1,516,975 $ 1,516,975 82
Court Services $ 5,376,655 $ 5,376,655 260
GEORGIA LAWS 1982 SESSION
307
Runaway Investigations $ 307,755 $ 307,755 15
Interstate Compact $ 62,455 $ 62,455 3
Undistributed $ -0- $ -0- 0
Total $ 8,980,670 $ 8,980,670 421
15. Regular Operating Expense
Reserve Budget:
Regular Operating Expense..................$ -0-
Total Funds................................$ -0-
State Funds................................$ -0-
Budget Unit Object Classes:
Personal Services..........................$ 208,377,464
Regular Operating Expenses.................$ 26,232,245
Travel.....................................$ 601,056
Motor Vehicle Equipment
Purchases...............................$ 581,210
Publications and Printing..................$ 106,615
Equipment Purchases........................$ 1,283,765
Computer Charges...........................$ 1,655,000
Real Estate Rentals........................$ 369,910
Telecommunications.........................$ 2,017,495
Per Diem, Fees and Contracts...............$ 2,318,190
Utilities..................................$ 11,725,380
Postage....................................$ 176,365
Capital Outlay.............................$ 3,637,667
Authority Lease Rentals....................$ 4,805,000
Grants to County-Owned
Detention Centers.......................$ 1,844,220
Reserve for Gwinnett
County RYDC.............................$ -0-
Drug Abuse Contracts.......................$ 899,058
Day Care Centers for the
Mentally Retarded.......................$ 41,624,640
MR Day Care Center Motor
Vehicle Purchases.......................$ 521,625
Developmental Disability
Services Chiefs.........................$ 747,002
308
GENERAL ACTS AND RESOLUTIONS, VOL. I
Group Homes for the
Mentally Retarded.........................$ 3,490,039
Supportive Living Staff.....................$ 1,113,903
Supportive Living Benefits..................$ 1,783,610
Georgia State Foster
Grandparent/Senior
Companion Program.........................$ 514,000
Community Residential
Services Staff............................$ 1,588,771
Community Residential Services..............$ 2,606,734
Community Mental Health
Center Services...........................$ 53,386,771
Project Rescue..............................$ 249,412
Project ARC.................................$ 155,000
Project Friendship..........................$ 209,000
Group Homes for
Autistic Children.........................$ 218,332
Uniform Alcoholism Projects.................$ 2,291,132
Child Care Benefits.........................$ 15,000
Total Positions Budgeted -
July 1, 1981 13,290
Total Positions Budgeted -
June 30, 1982 13,215
Authorized Motor Vehicles 1,543
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 1982 SESSION
309
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 Way-
cross ($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.
310
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
$100,000 in agency income, if realized, above the
amount contemplated in this bill for the purpose of
contracting for a comprehensive study of the State
Forensic Services needs including physical plant
considerations.
Section 27. Department of Industry
and Trade.
A. Budget Unit: Department of Industry
and Trade..........................$ 9,074,487
1. Industry Budget:
Personal Services.........................$ 540,182
Regular Operating Expenses................$ 10,900
Travel..................................$ 42,200
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 8,000
Equipment Purchases......sL:..............$ 710
Computer Charges..........................$ 14,300
Real Estate Rentals ...................$ -0-
Telecommunications........................$ -0-
Per Diem, Fees and Contracts..............$ 1,000
Total Funds Budgeted......................$ 617,292
State Funds Budgeted....................$ 617,292
Total Positions Budgeted 23
2. Research Budget:
Personal Services....!?,..;............ $ 311,708
Regular Operating Expenses.............. $ 5,000
Travel................................ $ 2,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing.................$ 48,850
Equipment Purchases.......................$ -0-
Computer Charges.........*..............$ 3,600
Real Estate Rentals.......................$ -0-
Telecommunications........................$ -0-
Per Diem, Fees and Contracts..............$ 18,100
Total Funds Budgeted......................$ 389,258
State Funds Budgeted......................$ 389,258
Total Positions Budgeted 14
GEORGIA LAWS 1982 SESSION
311
3. Tourism - Promotional Budget:
Personal Services.........................$ 632,241
Regular Operating Expenses................$ 75,000
Travel....................................$ 65,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 308,100
Equipment Purchases.......................$ 4,800
Computer Charges..........................$ 22,900
Real Estate Rentals.......................$ -0-
Telecommunications........................$ -0-
Per Diem, Fees and Contracts..............$ 189,650
Historic Chattahoochee
Commission Contract.....................$ 40,000
Total Funds Budgeted......................$ 1,338,191
State Funds Budgeted......................$ 1,239,191
Total Positions Budgeted 30
4. Tourist - Welcome Centers Budget:
Personal Services.........................$ 1,329,955
Regular Operating Expenses................$ 358,700
Travel....................................$ 34,830
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 14,000
Equipment Purchases.......................$ 9,925
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......................$ 1,856,860
State Funds Budgeted......................$ 1,772,935
Total Positions Budgeted 99
5. Internal Administration Budget:
Personal Services.........................$ 589,753
Regular Operating Expenses................$ 228,950
Travel....................................$ 15,000
Motor Vehicle Equipment Purchases.........$ 10,400
Publications and Printing.................$ 40,000
Equipment Purchases..................... $ 1,200
Computer Charges..........................$ 7,288
Real Estate Rentals.......................$ 200,000
Telecommunications........................$ 110,045
312
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.................... $ -0-
International Council of
Georgia, Inc.............................$ 16,000
Georgia Semiquincentenary
Commission............................ $ 20,000
Total Funds Budgeted.......................$ 4,772,136
State Funds Budgeted............:..........$ 3,263,636
Total Positions Budgeted 25
6. International Budget:
Personal Services..:.......................$ 500,800
Regular Operating Expenses.................$ 51,200
Travel.............................. $ 76,750
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 23,000
Equipment Purchases................................2,845
Computer Charges...........................$ 21,000
Real Estate Rentals...................... $ 42,900
Telecommunications................ .......$ 22,660
Per Diem, Fees and Contracts............. $ 83,020
Total Funds Budgeted.......................$ 824,175
State Funds Budgeted.......................$ 824,175
Total Positions Budgeted 15
7. Advertising Budget:
Advertising.................................. 968,000
Total Funds Budgeted.......................$ 968,000
State Funds Budgeted.......................$ 968,000
Total Positions Budgeted 0
GEORGIA LAWS 1982 SESSION
313
Budget Unit Object Classes:
Personal Services.........................$ 3,904,639
Regular Operating Expenses................$ 729,750
Travel....................................$ 236,280
Motor Vehicle Equipment Purchases.........$ 10,400
Publications and Printing.................$ 441,950
Equipment Purchases.......................$ 19,480
Computer Charges..........................$ 69,088
Real Estate Rentals.......................$ 242,900
Telecommunications........................$ 142,705
Per Diem, Fees and Contracts..............$ 312,220
Postage...................................$ 160,000
Capital Outlay............................$ -0-
Local Welcome Center Contracts............$ 95,000
Advertising...............................$ 968,000
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-
International Council of
Georgia, Inc............................$ 16,000
Georgia Semiquincentenary
Commission..............................$ 20,000
Total Positions Budgeted 206
Authorized Motor Vehicles 21
For general administrative cost of operating the
Department of Industry and Trade, including
advertising expense.
314
GENERAL ACTS AND RESOLUTIONS, VOL. I
B. Budget Unit: Authorities....................$ -0-
1. Georgia World Congress Budget:
Personal Services.........................$ 2,686,912
Regular Operating Expenses................$ 945,147
Travel....................................$ 22,200
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 18,000
Equipment Purchases.......................$ 30,000
Computer Charges..........................$ 600
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 43,200
Per Diem, Fees and Contracts..............$ 874,813
Georgia World Congress Center
Marketing Program.......................$ -0-
Total Funds Budgeted......................$ 4,620,872
State Funds Budgeted......................$ -0-
Total Positions Budgeted 120
2. Georgia Ports Authority Budget:
Personal Services.........................$ 20,472,698
Regular Operating Expenses................$ 6,726,691
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................$ 1,679,184
Computer Charges..........................$ 390,720
Per Diem, Fees and Contracts..............$ 1,035,540
Other Debt-Service Payments............. $ 595,000
Capital Reinvestment.......,.............$ -0-
Total Funds Budgeted......................$ 42,436,131
State Funds Budgeted......................$ -0-
Total Positions Budgeted 750
Budget Unit Object Classes:
Personal Services.........................$ 23,159,610
Regular Operating Expenses................$ 7,671,838
Travel....................................$ 394,172
GEORGIA LAWS 1982 SESSION
315
Motor Vehicle Equipment
Purchases............................. $ -0-
Publications and Printing.................$ 110,400
Equipment Purchases.......................$ 30,000
Computer Charges..........................$ 391,320
Real Estate Rentals.......................$ 84,960
Telecommunications........................$ 302,140
Per Diem, Fees and Contracts..............$ 1,910,353
Motor Vehicle Equipment
Purchases, Equipment Purchases
and Capital Outlay......................$ 10,728,026
Repayments for State General
Obligation Bonds and Authority
Lease Rental Obligations................$ 1,679,184
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 appropri-
ations 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.
316
GENERAL ACTS AND RESOLUTIONS, VOL. I
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..........$ 796,264
Inspection Division Budget:
Personal Services.........................$ 627,974
Regular Operating Expenses................$ 28,925
Travel...................................$ 119,024
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......................$ 796,264
State Funds Budgeted......................$ 796,264
Total Positions Budgeted 29
Budget Unit Object Classes:
Personal Services....................... $ 627,974
Regular Operating Expenses................$ 28,925
Travel....................................$ 119,024
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..........s..$ 750
Total Positions Budgeted 29
B. Budget Unit: Basic Employment, Work
Incentive, Correctional
Services and Comprehensive
Employment and Training............$ 2,342,580
GEORGIA LAWS 1982 SESSION
317
1. Basic Employment Security
and W.I.N. Budget:
Personal Services..........................$ 34,792,741
Regular Operating Expenses.................$ 2,615,738
Travel.....................................$ 1,101,861
Motor Vehicle Equipment Purchases..........$ 11,000
Publications and Printing..................$ 21,000
Equipment Purchases........................$ 1,015,000
Computer Charges...........................$ 817,500
Real Estate Rentals........................$ 1,398,131
Telecommunications.........................$ 1,180,000
Per Diem, Fees and Contracts...............$ 1,528,830
W.I.N. Grants..............................$ 600,000
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 45,081,801
State Funds Budgeted.......................$ 756,165
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..........................$ 1,370,658
Regular Operating Expenses.................$ 75,511
Travel.....................................$ 46,666
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 100
Equipment Purchases........................$ 1,000
318
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges...........................$ 2,600
Real Estate Rentals.......................$ 51,280
Telecommunications.........................$ 20,600
Per Diem, Fees and Contracts...............$ 18,000
Total Funds Budgeted.......................$ 1,586,415
State Funds Budgeted.......................$ 1,586,415
Total Positions Budgeted 62
Budget Unit Object Classes:
Personal Services........................ $ 49,043,584
Regular Operating Expenses.................$ 4,857,519
Travel.....................................$ 1,498,527
Motor Vehicle Equipment
Purchases................................$ 11,000
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...............$ 1,546,830
W.I.N. Grants............................ $ 600,000
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................$ 4,082,638
Attorney Generals Office Budget:
Personal Services.....................3,547,157
Regular Operating Expenses................$ 192,006
Travel.................................. $ 105,000
Motor Vehicle Equipment Purchases.........$ 7,500
Publications and Printing.............,...$ 32,000
Equipment Purchases.................... $ 15,275
Computer Charges..........................$ 14,420
Books for State Library...................$ 53,000
Real Estate Rentals.......................$ 293,480
Telecommunications........................$ 81,000
Per Diem, Fees and Contracts..............$ 42,000
Capital Outlay................... .??||..$ -0-
GEORGIA LAWS 1982 SESSION
319
Total Funds Budgeted.......................$ 4,382,838
State Funds Budgeted.......................$ 4,082,638
Total Positions Budgeted 116
Budget Unit Object Classes:
Personal Services..........................$ 3,547,157
Regular Operating Expenses.................$ 192,006
Travel.....................................$ 105,000
Motor Vehicle Equipment Purchases..........$ 7,500
Publications and Printing..................$ 32,000
Equipment Purchases........................$ 15,275
Computer Charges...........................$ 14,420
Real Estate Rentals........................$ 293,480
Telecommunications.........................$ 81,000
Per Diem, Fees and Contracts...............$ 42,000
Books for State Library....................$ 53,000
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.
320
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 30. Department of
Medical Assistance.
Budget Unit: Medicaid Services.................S 185,131,809
1. Commissioners Office Budget:
Personal Services......................... $ 1,295,367
Regular Operating Expenses.................$ 41,167
Travel................-.........-.........$ 58,504
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 10,270
Equipment Purchases........................$ 6,360
Computer Charges......................... $ -0-
Real Estate Rentals........................$ 59,068
Telecommunications.......................$ 48,645
Per Diem, Fees and Contracts...............$ 22,360
Postage................................$ 900
Utilities..................................S 16,492
Audits Contracts...........................$ -0-
Total Funds Budgeted.......................S 1,559,133
State Funds Budgeted.......................$ 742,428
Total Positions Budgeted 65
2. Administration Budget:
Personal Services..........................$ 986,268
Regular Operating Expenses.................$ 79,553
Travel................................... $ 11,021
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 18,000
Equipment Purchases...................... $ 1,500
Computer Charges...........................$ 31,820
Real Estate Rentals........................$ 77,422
Telecommunications....................... $ 22,558
Per Diem, Fees and Contracts...............$ 282,400
Postage....................................$ 202,464
Utilities..................................$ 15,456
Audits Contracts...........................$ 799,700
Total Funds Budgeted.......................$ 2,528,162
State Funds Budgeted.......................S 968,014
Total Positions Budgeted 46
3. Program Management Budget-
Personal Services..........................S 1,857,304
Regular Operating Expenses.................I 89,674
Travel................................... S 49,749
GEORGIA LAWS 1982 SESSION 321
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 36,204
Equipment Purchases.........................$ 10,560
Computer Charges............................$ 16,776
Real Estate Rentals.........................$ 96,134
Telecommunications..........................$ 65,665
Per Diem, Fees and Contracts................$ 6,789,882
Postage.....................................$ -0-
Utilities...................................$ 19,406
Contract with Georgia Medical
Care Foundation...........................$ -0-
Total Funds Budgeted........................$ 9,031,354
State Funds Budgeted........................$ 1,376,879
Total Positions Budgeted 116
4. Operations Budget:
Personal Services...........................$ 1,802,151
Regular Operating Expenses..................$ 204,157
Travel......................................$ 4,698
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 114,425
Equipment Purchases.........................$ 2,404
Computer Charges............................$ 7,587,300
Real Estate Rentals.........................$ 95,611
Telecommunications..........................$ 77,992
Per Diem, Fees and Contracts................$ -0-
Postage.....................................$ 667,888
Utilities...................................$ 27,246
Total Funds Budgeted........................$ 10,583,872
Indirect DO AS Services Funding.............$ 1,000,000
Agency Funds................................$ 7,885,744
State Funds Budgeted........................$ 1,698,128
Total Positions Budgeted 114
5. Benefits Payments Budget:
Medicaid Benefits...........................$ 571,057,800
Payments to Counties
for Mental Health.........................$ 8,650,000
Total Funds Budgeted........................$ 579,707,800
State Funds Budgeted........................$ 180,346,360
Total Positions Budgeted 0
322
GENERAL ACTS AND RESOLUTIONS, VOL. I
Budget Unit Object Classes:
Personal Services...........................$ 5,941,090
Regular Operating Expenses..................$ 414,551
Travel.................................... $ 123,972
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing........................178,899
Equipment Purchases.........................$ 20,824
Computer Charges............................$ 7,635,896
Real Estate Rentals.........................$ 328,235
Telecommunications..........................$ 214,860
Per Diem, Fees and Contracts................$ 7,094,642
Postage.....................................$ 871,252
Utilities...................................$ 78,600
Medicaid Benefits..........................$ 571,057,800
Payments to Counties for
Mental Health............................$ 8,650,000
Audits Contracts...........................$ 799,700
Contract with Georgia
Medical Care Foundation..................$ -0-
Total Positions Budgeted 341
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.
Provided, however, that the Board of Medical
Assistance is authorized to adjust the pharmacy
reimbursement rate.
GEORGIA LAWS 1982 SESSION
323
Provided, however, that the Department of
Medical Assistance is authorized to pay, from the
above amounts appropriated, Fiscal Year 1981
Medicaid claims. Further, the Department of
Medical Assistance is authorized to pay, from the
above amounts appropriated, claims by the Fed-
eral Government for Federal payment of Fiscal
Year 1981 benefits in such fashion as may be
prescribed by the United States Department of
Health and Human Services.
Section 31. Merit System of Personnel
Administration.
Budget Unit: Merit System of Personnel
Administration
Agency Assessments................$ 4,477,084
1. Applicant Services Budget:
Personal Services.........................$ 815,249
Regular Operating Expenses................$ 17,160
Travel....................................$ 10,273
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 52,500
Equipment Purchases.......................$ 1,810
Computer Charges..........................$ 435,531
Real Estate Rentals.......................$ 785
Telecommunications........................$ 14,300
Per Diem, Fees and Contracts..............$ 1,500
Postage...................................$ 90,300
Total Funds Budgeted......................$ 1,439,408
Agency Assessments........................$ 1,424,244
Total Positions Budgeted 41
2. Classification and Compensation
Budget:
Personal Services.........................$ 453,108
Regular Operating Expenses................$ 5,450
Travel....................................$ 2,466
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 7,000
Equipment Purchases.......................$ 200
Computer Charges..........................$ 166,743
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 5,500
324
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts.............$ 1,000
Postage..................................$ 2,880
Total Funds Budgeted.....................$ 644,347
Agency Assessments.......................$ 635,949
Total Positions Budgeted 20
3. Program Evaluation and Audit Budget:
Personal Services........................$ 292,965
Regular Operating Expenses...............$ 12,701
Travel...................................$ 1,027
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 500
Equipment Purchases......................$ 36,148
Computer Charges.........................$ 216,895
Real Estate Rentals......................$ -0-
Telecommunications.......................$ 4,100
Per Diem, Fees and Contracts.............$ -0-
Postage................................ $ 1,000
Total Funds Budgeted.....................$ 565,336
Agency Assessments.......................$ 560,010
Total Positions Budgeted 14
4. Employee Training and
Development Budget:
Personal Services...................... $ 546,564
Regular Operating Expenses...............$ 23,680
Travel...................................$ 22,767
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 26,000
Equipment Purchases......................$ 2,686
Computer Charges....................... $ 16,544
Real Estate Rentals.................... $ -0-
Telecommunications.......................$ 8,925
Per Diem, Fees and Contracts........... $ 109,308
Postage..................................$ 4,400
Total Funds Budgeted.....................$ 760,874
Agency Assessments.......................$ 753,114
Total Positions Budgeted 26
5. Health Insurance
Administration Budget:
Personal Services..................... $ 434,048
Regular Operating Expenses............. $ 10,770
Travel................................. $ 3,595
GEORGIA LAWS 1982 SESSION
325
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 6,800
Equipment Purchases.......................$ 1,900
Computer Charges..........................$ 417,939
Real Estate Rentals.......................$ 24,210
Telecommunications........................$ 35,975
Per Diem, Fees and Contracts..............$ 4,006,996
Postage...................................$ 30,300
Total Funds Budgeted......................$ 4,972,533
Other Health Insurance
Agency Funds............................$ -0-
Employer and Employee
Contributions...........................$ 4,972,533
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..............$ 3,243,551
Postage...................................$ -0-
Health Insurance Claims...................$ 113,620,000
Total Funds Budgeted......................$ 116,863,551
Other Health Insurance
Agency Funds............................$ -0-
Employer and Employee
Contributions...........................$ 116,863,551
Total Positions Budgeted 0
7. Internal Administration Budget:
Personal Services.........................$ 660,288
Regular Operating Expenses................$ 13,840
Travel....................................$ 5,124
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 8,000
Equipment Purchases.......................$ 1,300
Computer Charges..........................$ 53,611
326
GENERAL ACTS AND RESOLUTIONS, VOL. I
Real Estate Rentals.......................$ -0-
Telecommunications............................ 11,500
Per Diem, Fees and Contracts.............$ 8,510
Postage...................................$ 3,260
Federal Sub-grants to
State and Local Agencies................$ 335,400
Total Funds Budgeted......................$ 1,100,833
Agency Assessments........................$ 596,890
Employer and Employee
Contributions...........................$ 124,000
Deferred Compensation.....................$ 20,925
Total Positions Budgeted 35
8. Commissioners Office Budget:
Personal Services.........................$ 278,634
Regular Operating Expenses................$ 9,718
Travel....................................$ 9,200
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 14,000
Equipment Purchases.......................$ 950
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 178,951
Telecommunications........................$ 4,700
Per Diem, Fees and Contracts..............$ 50,000
Postage...................................$ 3,300
Total Funds Budgeted......................$ 549,453
Agency Assessments........................$ 506,877
Total Positions Budgeted 8
Budget Unit Object Classes:
Personal Services.........................$ 3,480,856
Regular Operating Expenses................$ 93,319
Travel....................................$ 54,452
Motor Vehicle Equipment
Purchases............................. $ -0-
Publications and Printing.................$ 114,800
Equipment Purchases.......................$ 44,994
Computer Charges..........................$ 1,307,263
Real Estate Rentals.......................$ 203,946
Telecommunications........................$ 85,000
Per Diem, Fees and Contracts..............$ 7,420,865
Postage................................ $ 135,440
GEORGIA LAWS 1982 SESSION
327
Federal Sub-grants to
State and Local Agencies..................$ 335,400
Health Insurance Claim Payments............$ 113,620,000
Total Positions Budgeted 166
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..........................$ 48,558,064
1. Internal Administration Budget:
Personal Services..........................$ 1,875,195
Regular Operating Expenses.................$ 179,503
Travel.....................................$ 21,220
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 192,225
Equipment Purchases........................$ 13,550
Computer Charges...........................$ 163,617
Real Estate Rentals........................$ 150,172
Telecommunications.........................$ 67,347
Per Diem, Fees and Contracts...............$ 72,195
Postage....................................$ 95,117
Capital Outlay - Heritage Trust............$ 75,000
Total Funds Budgeted.......................$ 2,905,141
328
GENERAL ACTS AND RESOLUTIONS, VOL. I
Receipts from Jekyll Island
State Park Authority and
Stone Mountain Memorial
Association.............................$ 55,000
State Funds Budgeted......................$ 2,850,141
Total Positions Budgeted 83
2. Game and Fish Budget:
Personal Services....................... $ 10,949,175
Regular Operating Expenses................$ 3,200,957
Travel.................................. $ 94,578
Motor Vehicle Equipment
Purchases...............................$ 833,365
Publications and Printing.................$ 106,170
Equipment Purchases.......................$ 735,745
Computer Charges..........................$ 67,142
Real Estate Rentals.......................$ 41,317
Telecommunications........................$ 210,114
Per Diem, Fees and Contracts..............$ 83,919
Postage...................................$ 60,157
Capital Outlay - Hatchery
Renovation..............................$ 13,000
Capital Outlay - Repairs
and Maintenance.........................$ 1,006,970
Capital Outlay............................$ 125,000
Grants to Local Governments.............. $ -0-
Capital Outlay - Heritage
Trust - Wildlife Management
Area Land Acquisition...................$ 339,000
Total Funds Budgeted......................$ 17,866,609
State Funds Budgeted......................$ 15,079,354
Total Positions Budgeted 482
3. Parks, Recreation and
Historic Sites Budget:
Personal Services.........................$ 8,045,850
Regular Operating Expenses................$ 3,490,742
Travel.................................. $ 100,323
Motor Vehicle Equipment
Purchases...............................$ 170,482
Publications and Printing.................$ 113,818
Equipment Purchases.......................$ 202,622
Computer Charges..........................$ 10,000
Real Estate Rentals.......................$ 107,742
GEORGIA LAWS 1982 SESSION
329
Telecommunications.........................$ 228,439
Per Diem, Fees and Contracts..............$ 222,490
Postage....................................$ 63,906
Capital Outlay............................$ 1,875,924
Capital Outlay - Repairs
and Maintenance..........................$ 2,050,422
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..........................$ 415,000
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.......................$ 26,963,760
State Funds Budgeted.......................$ 13,402,595
Total Positions Budgeted 394
4. Environmental Protection Budget:
Personal Services..........................$ 8,508,849
Regular Operating Expenses.................$ 653,815
Travel.....................................$ 288,298
Motor Vehicle Equipment
Purchases................................$ 21,785
Publications and Printing..................$ 72,500
Equipment Purchases........................$ 52,065
Computer Charges...........................$ 142,000
Real Estate Rentals........................$ 419,222
Telecommunications.........................$ 161,102
Per Diem, Fees and Contracts...............$ 691,221
Postage....................................$ 92,137
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.......................$ 18,955,664
330
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$ 15,689,134
Total Positions Budgeted 345
5. Coastal Resources Budget:
Personal Services..............1...........$ 738,087
Regular Operating Expenses................$ 224,850
Travel.................................. $ 19,574
Motor Vehicle Equipment Purchases.........$ 14,100
Publications and Printing.................$ 27,240
Equipment Purchases.......................$ 47,731
Computer Charges..........................$ 13,560
Real Estate Rentals.......................$ -0-
Telecommunications.............!.........$ 23,201
Per Diem, Fees and Contracts..............$ 6,350
Postage...................................$ 15,405
Capital Outlay.........................'..$ -0-
Capital Outlay - Repairs
and Maintenance.........................$ 3,770
Capital Outlay - Buoy Maintenance.........$ 9,750
Total Funds Budgeted.................... $ 1,143,618
State Funds Budgeted......................$ 1,008,583
Total Positions Budgeted 29
6. Lake Lanier Islands Development
Authority Budget:
Payments to Lake Lanier Islands
Development Authority for
Operations..............................$ 405,574
Payments to Lake Lanier Islands
Development Authority for
Capital Outlay ......T.............. ...$ 122,683
Total Funds Budgeted.................... $ 528,257
State Funds Budgeted.................... $ 528,257
Total Positions Budgeted 0
7. Jekyll Island State Park
Authority Budget:
Payments to Jekyll Island State
Park Authority for Operations...........$ -0-
Payments to Jekyll Island State
Park Authority for Capital Outlay.......$ -0-
Total Funds Budgeted......................$ -0-
GEORGIA LAWS 1982 SESSION 331
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..........................$ 30,117,156
Regular Operating Expenses.................$ 7,749,867
Travel.....................................$ 523,993
Motor Vehicle Equipment
Purchases...............................$ 1,039,732
Publications and Printing..................$ 511,953
Equipment Purchases........................$ 1,051,713
Computer Charges...........................$ 396,319
Real Estate Rentals........................$ 718,453
Telecommunications.........................$ 690,203
Per Diem, Fees and Contracts...............$ 1,076,175
Postage....................................$ 326,722
Land and Water Conservation
Grants..................................$ 6,000,000
Recreation Grants..........................$ 415,000
Young Adult Conservation Corps
and Youth Conservation Corps
Grants..................................$ -0-
Water and Sewer Grants.....................$ 6,000,000
Solid Waste Grants.........................$ 1,500,000
Contract with U. S. Geological
Survey for Ground Water
Resources Survey........................$ 227,670
Contract with U.S. Geological
Survey for Topographic Maps.............$ 125,000
Capital Outlay - Hatchery
Renovation..............................$ 13,000
Capital Outlay.............................$ 2,000,924
Capital Outlay - Repairs
and Maintenance.........................$ 3,061,162
Capital Outlay - Shop Stock................$ 300,000
Capital Outlay - Heritage Trust............$ 75,000
332
GENERAL ACTS AND RESOLUTIONS, VOL. I
Authority Lease Rentals...................$ 1,526,000
Cost of Material for Resale...............$ 750,000
Payments to Lake Lanier
Islands Development Authority
for Operations..........................$ 405,574
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...................$ 339,000
Payments to Stone Mountain
Memorial Association....................$ -0-
Capital Outlay - User Fee
Enhancements............................$ 1,054,000
Capital Outlay - Buoy
Maintenance.............................$ 9,750
Total Positions Budgeted 1,333
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.
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
$5,000,000 is designated and committed for grants
to local governments for water and sewer projects
utilizing a maximum State match of 50% of the
GEORGIA LAWS 1982 SESSION
333
total cost of each project. Provided, further that
no allocation of funds for this purpose shall be
made prior to the official approval thereof by the
Board of Natural Resources.
Provided that to the extent State Parks and
Historic Sites receipts are realized in excess of the
amount of such funds contemplated in this Act,
the Department of Natural Resources is autho-
rized and directed to use the excess receipts to
provide for the most immediate critical needs of
the Parks, Recreation and Historic Sites Division
to include repairs and maintenance of State Parks
and Historic Sites facilities.
Provided further, it is the intent of this General
Assembly that a two paygrade increase (step-for-
step adjustment - 10%) be authorized for the fol-
lowing classes: Wildlife Biologist; Wildlife Bio-
logist, Senior; Wildlife Program Regional Supervi-
sor; Wildlife Program, Assistant State Supervisor;
Wildlife Program, State Supervisor; Conservation
Major; Assistant Chief of Law Enforcement
(DNR); Chief of Law Enforcement (DNR).
B. Budget Unit: Authorities...................$ -0-
1. Lake Lanier Islands Development
Authority Budget:
Personal Services.........................$ 1,514,473
Regular Operating Expenses................$ 538,099
Travel....................................$ 5,680
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 40,300
Equipment Purchases.......................$ 61,100
Computer Charges..........................$ -0-
Real Estate Rentals..................... $ -0-
Telecommunications........................$ 34,895
Per Diem, Fees and Contracts..............$ 24,000
Capital Outlay............................$ 245,366
Campground Sinking Fund...................$ -0-
Promotion Expenses........................$ -0-
Total Funds Budgeted......................$ 2,463,913
334
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$ -0-
Total Positions Budgeted 63
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...................... $ 3,721,082
Regular Operating Expenses................$ 2,089,909
Travel.............................. $ 22,025
Motor Vehicle Equipment Purchases.........$ 139,000
Publications and Printing.................$ 66,386
Equipment............................ iA$ 129,600
Computer Charges........................ $ 9,091
Real Estate Rentals.......................$ -0-
Telecommunications...................... $ 65,072
Per Diem, Fees and Contracts..............$ 85,894
Capital Outlay.......................... $ 245,366
Promotion Expense....................... $ -0-
Campground Sinking Fund...................$ -0-
Payments to the Department
of Natural Resources...............$ 30,000
Mortgage Payments.........................$ -0_
GEORGIA LAWS 1982 SESSION
335
Capital Outlay and
Transportation Systems...................$ 38,150
Total Positions Budgeted 218
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..................119,225,815
1. General Administration and
Support Budget:
Personal Services.........................$ 3,067,130
Regular Operating Expenses................$ 229,630
Travel....................................$ 57,465
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ -0-
Equipment Purchases.......................$ 14,200
Computer Charges..........................$ 554,288
Real Estate Rentals.......................$ 225,000
Telecommunications........................$ 147,068
Per Diem, Fees and Contracts..............$ 456,483
Utilities.................................$ -0-
Total Funds Budgeted......................$ 4,751,264
State Funds Budgeted......................$ 4,751,264
Total Positions Budgeted 141
2. Georgia Training and Development
Center Budget:
Personal Services.........................$ 1,203,247
Regular Operating Expenses................$ 114,088
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
336
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts...............$ -0-
Utilities..................................$ 93,200
Total Funds Budgeted.......................$ 1,437,935
State Funds Budgeted.......................$ 1,437,935
Total Positions Budgeted 65
3. Georgia Industrial Institute
Budget:
Personal Services..........................$ 4,414,607
Regular Operating Expenses.................$ 552,042
Travel.....................................$ 6,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 1,500
Equipment Purchases........................$ 74,739
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 30
Telecommunications.........................$ 36,324
Per Diem, Fees and Contracts...............$ 1,800
Utilities..................................$ 380,000
Central Repair Fund........................$ 30,000
Capital Outlay.............................$ 60,000
Health Service Purchases...................$ 14,691
Total Funds Budgeted.......................$ 5,572,233
State Funds Budgeted.......................$ 5,572,233
Total Positions Budgeted 296
4. Alto Education and Evaluation
Center Budget:
Personal Services..........................$ 1,233,153
Regular Operating Expenses.................$ 71,090
Travel................................... $ 2,300
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 6,500
Computer Charges...........................$ -0-
Real Estate Rentals...................... $ -0-
Telecommunications.........................$ 3,900
Per Diem, Fees and Contracts...............$ -0-
Utilities................................ $ -0-
Total Funds Budgeted.......................$ 1,316,943
State Funds Budgeted.......................$ 1,072,743
Total Positions Budgeted 51
GEORGIA LAWS 1982 SESSION
337
5. Georgia Diagnostic and
Classification Center Budget:
Personal Services...........................$ 4,371,696
Regular Operating Expenses..................$ 610,888
Travel......................................$ 2,200
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 41,217
Computer Charges............................$ -0-
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 35,300
Per Diem, Fees and Contracts................$ 3,300
Central Repair Fund.........................$ 40,647
Utilities...................................$ 432,200
Health Service Purchases....................$ 11,753
Total Funds Budgeted........................$ 5,549,201
State Funds Budgeted........................$ 5,549,201
Total Positions Budgeted 276
6. Georgia State Prison Budget:
Personal Services...........................$ 9,489,893
Regular Operating Expenses..................$ 756,402
Travel......................................$ 7,250
Motor Vehicle Equipment
Purchases.................................$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 94,370
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........................$ 11,434,815
State Funds Budgeted........................$ 11,402,815
Total Positions Budgeted 670
7. Consolidated Branches Budget:
Personal Services...........................$ 3,622,988
Regular Operating Expenses..................$ 383,438
Travel......................................$ 5,300
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 35,375
338
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 40,000
Per Diem, Fees and Contracts............. $ 10,230
Utilities..................................$ 275,000
Total Funds Budgeted.......................$ 4,372,331
State Funds Budgeted.......................$ 4,210,011
Total Positions Budgeted 212
8. Lee Correctional Institution
Budget:
Personal Services..........................$ 1,794,654
Regular Operating Expenses.................$ 158,122
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.......................$ 2,159,176
State Funds Budgeted.......................$ 2,159,176
Total Positions Budgeted 117
9. Montgomery Correctional
Institution Budget:
Personal Services........................ $ 1,078,398
Regular Operating Expenses.................$ 129,324
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...............i'.i.........$ -0-
Total Funds Budgeted.......................$ 1,330,472
State Funds Budgeted..................... $ 1,330,472
Total Positions Budgeted 59
GEORGIA LAWS 1982 SESSION
339
10. Walker Correctional
Institution Budget:
Personal Services...........................$ 1,050,383
Regular Operating Expenses..................$ 156,431
Travel......................................$ 2,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 6,000
Computer Charges............................$ -0-
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 16,700
Per Diem, Fees and Contracts................$ -0-
Utilities...................................$ 104,000
Total Funds Budgeted........................$ 1,335,514
State Funds Budgeted........................$ 1,335,514
Total Positions Budgeted 62
11. Middle Georgia Correctional
Institution - Womens Unit Budget:
Personal Services...........................$ 1,756,969
Regular Operating Expenses..................$ 94,724
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........................$ 1,851,693
State Funds Budgeted........................$ 1,851,693
Total Positions Budgeted 108
12. Jack T. Rutledge Correctional
Institution Budget:
Personal Services...........................$ 2,395,878
Regular Operating Expenses..................$ 199,819
Travel......................................$ 1,500
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 9,265
Computer Charges............................$ -0-
Real Estate Rentals.........................$ -0-
340
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications..........................$ 12,000
Per Diem, Fees and Contracts................$ -0-
Utilities...................................$ 209,000
Total Funds Budgeted........................$ 2,827,462
State Funds Budgeted........................$ 2,827,462
Total Positions Budgeted 140
13. Middle Georgia Correctional
Institution - Youthful Offender
Unit Budget:
Personal Services...........................$ 3,888,225
Regular Operating Expenses..................$ 483,157
Travel......................................$ 4,200
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 39,836
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 3,960
Telecommunications..........................$ 72,642
Per Diem, Fees and Contracts................$ -0-
Utilities...................................$ 189,000
Payments to Central State
Hospital for Utilities...................$ 373,065
Total Funds Budgeted........................$ 5,054,085
State Funds Budgeted...................... $ 5,054,085
Total Positions Budgeted 239
14. Central Correctional
Institution Budget:
Personal Services...........................$ 2,123,702
Regular Operating Expenses..................$ 192,088
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........................$ 2,512,290
State Funds Budgeted........................$ 2,512,290
Total Positions Budgeted 135
GEORGIA LAWS 1982 SESSION
341
15. Middle Georgia Correctional
Institution - Mens Unit Budget:
Personal Services...........................$ 1,573,739
Regular Operating Expenses..................$ 88,723
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........................$ 1,662,462
State Funds Budgeted........................$ 1,662,462
Total Positions Budgeted 97
16. Metro Correctional
Institution Budget:
Personal Services...........................$ 2,241,716
Regular Operating Expenses..................$ 295,619
Travel......................................$ 3,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 33,795
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 8,424
Telecommunications..........................$ 14,000
Per Diem, Fees and Contracts................$ -0-
Health Service Purchases....................$ 35,259
Utilities...................................$ 195,000
Central Repair Fund.........................$ 122,300
Total Funds Budgeted........................$ 2,949,113
State Funds Budgeted........................$ 2,949,113
Total Positions Budgeted 179
17. Coastal Correctional
Institution Budget:
Personal Services...........................$ 2,268,923
Regular Operating Expenses..................$ 241,912
Travel......................................$ 6,846
Motor Vehicle Equipment Purchases...........$ -0-
342
GENERAL ACTS AND RESOLUTIONS, VOL. I
Publications and Printing...................$ 1.650
Equipment Purchases.........................$ 104,450
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 4,800
Telecommunications..........................$ 14,000
Per Diem, Fees and Contracts................$ *0-
Health Service Purchases....................$ 21,267
Utilities...................................$ 195,000
Central Repair Fund.........................$ 27,300
Total Funds Budgeted........................$ 2,886,148
State Funds Budgeted........................$ 2,816,148
Total Positions Budgeted 182
18. Adult Facilities and
Programs Budget:
Personal Services...........................$ 2,377,376
Regular Operating Expenses..................$ 137,250
Travel.....................................$ 52,735
Motor Vehicle Equipment Purchases...........$ 95,000
Publications and Printing...................$ *0"
Equipment Purchases.........................$ 54,174
Computer Charges.......................... $ "O'
Real Estate Rentals........................$ 2,100
Telecommunications..........................$ 21,135
Per Diem, Fees and Contracts................$ 71,200
Utilities.............................$ 0*
Total Funds Budgeted........................$ 2,810,970
State Funds Budgeted...........................2,810,970
Total Positions Budgeted 123
19. Central Funds Budget:
Personal Services...........................$ 100,796
Regular Operating Expenses..................$ 1,233,042
Travel.....................................$ 53,706
Motor Vehicle Equipment
Purchases.............................. $ 269,000
Publications and Printing................. $ 139,000
Equipment Purchases.........................$ 22,175
Computer Charges............................$ -0-
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 139,809
Per Diem, Fees and Contracts................$ -0-
Utilities..................................$ 600,000
Authority Lease Rentals.....................$ 840,000
GEORGIA LAWS 1982 SESSION
343
Minimum Security Facilities
Renovation...............................$ 500,000
Court Costs................................$ 490,000
Inmate Release Funds.......................$ 626,200
County Subsidy.............................$ 4,653,750
County Subsidy for Jails...................$ 912,500
Central Repair Fund........................$ 700,000
County Subsidy - Hall
County Expansion.........................$ 80,500
Capital Outlay.............................$ 4,590,000
Total Funds Budgeted.......................$ 15,950,478
State Funds Budgeted.......................$ 15,785,478
Total Positions Budgeted 3
20. Training and Staff Development
Center Budget:
Personal Services..........................$ 625,998
Regular Operating Expenses.................$ 162,858
Travel.....................................$ 137,209
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 660
Equipment Purchases........................$ 12,360
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 33,000
Telecommunications.........................$ 12,000
Per Diem, Fees and Contracts...............$ -0-
Utilities..................................$ 21,900
Total Funds Budgeted.......................$ 1,005,985
State Funds Budgeted.......................$ 1,005,985
Total Positions Budgeted 32
21. D.O.T. Work Details Budget:
Personal Services..........................$ 400,000
Regular Operating Expenses.................$ 10,577
Travel.....................................$ -0-
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ -0-
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ -0-
Per Diem, Fees and Contracts...............$ -0-
Utilities..................................$ -0-
Total Funds Budgeted.......................$ 410,577
344
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted........................$ -0-
Total Positions Budgeted 26
22. Food Processing and
Distribution Budget:
Personal Services..;.................'......$ 2,252,468
Regular Operating Expenses..................$ 3,705,951
Travel.............................. .;....$ 4,200
Motor Vehicle Equipment Purchases.......,.....$ -0-
Publications and Printing......-... -0-
Equipment Purchases.......................i|$ 154,600
Computer Charges...............Jk-t. -0-
Real Estate Rentals................ii.......$ -0-
Telecommunications........................ $ 8,000
Per Diem, Fees and Contracts................$ 50,000
Utilities..............;..........-0-
Capital Outlay...................;..........$ -0-
Payments to Central State
Hospital for Meals........................$ 1,433,020
Parents to Central State
Hospital for Utilities.................. $ 40,600
Total Funds Budgeted.................!......$ 7,648,839
State Funds Budgeted........................$ 7,306,551
Total Positions Budgeted 154
23. Farm Operations Budget:
Personal Services.......................... $ 579,885
Regular Operating Expenses..................$ 2,932,884
Travel............................... .....$ -0-
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases....................... $ 46,265
Computer Charges...............M............$ -0-
Real Estate Rentals...................................-0-
Telecommunications................................... -0-
Per Diem, Fees and Contracts....;;..........$ 27,800
Utilities....................j.i........-0-
Capital Outlay......................... &KI$ -0-
Total Funds Budgeted...................... $ 3,586,834
State Funds Budgeted........................$ 3,556,834
Total Positions Budgeted 33
GEORGIA LAWS 1982 SESSION
345
24. Dodge Correctional
Institution Budget:
Personal Services...........................$ 56,500
Regular Operating Expenses..................$ 383,285
Travel......................................$ 5,700
Motor Vehicle Equipment
Purchases.................................$ 85,000
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 669,515
Computer Charges............................$ -0-
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 10,000
Per Diem, Fees and Contracts................$ -0-
Utilities...................................$ -0-
Capital Outlay..............................$ 180,000
Total Funds Budgeted........................$ 1,390,000
State Funds Budgeted........................$ 1,390,000
Total Positions Budgeted 52
25. Transitioned Centers Budget:
Personal Services...........................$ 2,010,383
Regular Operating Expenses..................$ 187,953
Travel......................................$ 7,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 12,000
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 359,920
Telecommunications..........................$ 30,200
Per Diem, Fees and Contracts................$ 5,832
Utilities...................................$ 206,000
Capital Outlay..............................$ -0-
Total Funds Budgeted........................$ 2,819,288
State Funds Budgeted........................$ 2,819,288
Total Positions Budgeted 119
26. Augusta Correctional and
Medical Institution Budget:
Personal Services...........................$ 125,348
Regular Operating Expenses..................$ 448,303
Travel......................................$ 4,062
Motor Vehicle Equipment Purchases...........$ 116,000
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 891,696
_
346
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 17,440
Telecommunications..........................$ 30,000
Per Diem, Fees and Contracts................$ -0-
Capital Outlay..............................$ 217,000
Utilities...................................$ 50,000
Health Service Purchases....................$ 100,151
Total Funds Budgeted........................$ 2,000,000
State Funds Budgeted........................$ 2,000,000
Total Positions Budgeted 72
27. Health Care Budget:
Personal Services...........................$ 2,736,680
Regular Operating Expenses................ $ 653,064
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.............. $ 34,768
Utilities...................................$ -0-
Health Service Purchases....................$ 5,894,048
Total Funds Budgeted........................$ 9,427,385
State Funds Budgeted........................$ 9,427,385
Total Positions Budgeted 145
28. Probation Operations Budget:
Personal Services...........................$ 10,845,716
Regular Operating Expenses..................$ 317,906
Travel......................................$ 235,000
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 30,000
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 213,000
Telecommunications..........................$ 165,000
Per Diem, Fees and Contracts................$ 8,000
Utilities................................. $ 5,000
Total Funds Budgeted........................$ 11,819,622
GEORGIA LAWS 1982 SESSION 347
State Funds Budgeted........................$ 11,819,622
Total Positions Budgeted 587
29. Diversion Centers Budget:
Personal Services...........................$ 2,607,894
Regular Operating Expenses..................$ 194,994
Travel......................................$ 16,700
Motor Vehicle Equipment Purchases............$ -0-
Publications and Printing................. $ -0-
Equipment Purchases.........................$ 14,400
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 248,272
Telecommunications..........................$ 39,300
Per Diem, Fees and Contracts................$ 14,000
Utilities...................................$ 154,000
Total Funds Budgeted........................$ 3,289,560
State Funds Budgeted........................$ 2,809,085
Total Positions Budgeted 157
Budget Unit Object Classes:
Personal Services...........................$ 72,294,345
Regular Operating Expenses..................$ 15,125,564
Travel......................................$ 620,723
Motor Vehicle Equipment
Purchases................................$ 565,000
Publications and Printing...................$ 142,810
Equipment Purchases.........................$ 2,499,207
Computer Charges............................$ 554,288
Real Estate Rentals.........................$ 1,115,946
Telecommunications..........................$ 967,228
Per Diem, Fees and Contracts................$ 739,213
Utilities...................................$ 4,544,300
Payments to Central State
Hospital for Meals..........................1,433,020
Payments to Central State
Hospital for Utilities...................$ 413,665
Minimum Security Facilities
Renovation...............................$ 500,000
Court Costs.................................$ 490,000
Inmate Release Funds...................... $ 626,200
County Subsidy............................... 4,653,750
County Subsidy - Hall
County Expansion.........................$ 80,500
County Subsidy for Jails....................$ 912,500
348
GENERAL ACTS AND RESOLUTIONS, VOL. I
Health Service Purchases...................$ 6,077,169
Central Repair Fund........................$ 920,247
Authority Lease Rentals....................$ 840,000
Capital Outlay.............................$ 5,047,000
Total Positions Budgeted 4,532
Authorized Motor Vehicles 488
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.
Provided, that the Department is hereby
authorized to utilize $20,000 in available funds for
a study of the potential utilization of the Atlanta
Federal Penitentiary.
Provided, that the Department is hereby
authorized to redirect $390,000 from funds
available to the Georgia Building Authority
(Penal) for cell hardening in the L and M Buildings
at Georgia State Prison.
B. Budget Unit: Board of Pardons and
Paroles........................ $ 5,220,161
Board of Pardons and Paroles Budget:
Personal Services.........................$ 4,585,526
Regular Operating Expenses.................$ 102,029
Travel................................. $ 215,821
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing..................$ 12,500
Equipment Purchases.......................$ 23,250
Computer Charges........................ $ 5,000
Real Estate Rentals........................$ 121,542
GEORGIA LAWS 1982 SESSION 349
Telecommunications.........................$ 106,293
Per Diem, Fees and Contracts...............$ 11,000
County Jail Subsidy........................$ 37,200
Total Funds Budgeted.......................$ 5,220,161
State Funds Budgeted..................... $ 5,220,161
Total Positions Budgeted 237
Budget Unit Object Classes:
Personal Services..........................$ 4,585,526
Regular Operating Expenses.................$ 102,029
Travel.....................................$ 215,821
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 12,500
Equipment Purchases........................$ 23,250
Computer Charges...........................$ 5,000
Real Estate Rentals........................$ 121,542
Telecommunications....................... $ 106,293
Per Diem, Fees and Contracts...............$ 11,000
County Jail Subsidy........................$ 37,200
Total Positions Budgeted 237
Authorized Motor Vehicles 2
C. Budget Unit: Georgia Correctional
Industries..........................$ -0-
Georgia Correctional Industries Budget:
Personal Services..........................$ 1,406,407
Regular Operating Expenses.................$ 511,000
Travel.....................................$ 33,000
Motor Vehicle Equipment Purchases..........$ 86,000
Publications and Printing..................$ 2,000
Equipment Purchases........................$ 108,000
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........................... $ 140,000
Total Funds Budgeted.......................$ 7,852,707
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 66
350
GENERAL ACTS AND RESOLUTIONS, VOL. I
Budget Unit Object Classes:
Personal Services.........................$ 1,406,407
Regular Operating Expenses................$ 511,000
Travel....................................$ 33,000
Motor Vehicle Equipment Purchases.........$ 86,000
Publications and Printing.................$ 2,000
Equipment Purchases.......................$ 108,000
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............................$ 140,000
Total Positions Budgeted 66
Authorized Motor Vehicles 16
Section 34. Department of Public Safety.
Budget Unit: Department of Public
Safety............................$ 46,590,504
1. Office of Highway Safety Budget:
Personal Services...............a-........$ 378,749
Regular Operating Expenses................$ 24,720
Travel................................*...$ 17,850
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.......-.........$ 5,500
Equipment Purchases.................... $ 15,550
Computer Charges........................ $ 10,780
Real Estate Rentals.......................$ 30,071
Telecommunications...............-........$ 15,000
Per Diem, Fees and Contracts..............$ 50,000
Postage.......I..........................$ 4,500
Total Funds Budgeted......................$ 552,720
State Funds Budgeted......................$ 125,680
Total Positions Budgeted 14
2. Administration Budget:
Personal Services....................... $ 3,530,466
Regular Operating Expenses............... $ 1,527,183
Travel ...,.,..l.................. ...,$ 101,787
Motor Vehicle Equipment Purchases.........$ 9,500
Publications and Printing.................$ 173,141
GEORGIA LAWS 1982 SESSION 351
Equipment Purchases........................$ 140,515
Computer Charges...........................$ 33,517
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 163,950
Per Diem, Fees and Contracts...............$ 83,440
Postage....................................$ 33,300
Total Funds Budgeted.......................$ ^-5,296,799
Indirect DOAS Services Funding.............$ -0-
State Funds Budgeted.......................$ 5,565,931
Total Positions Budgeted 180
3. Driver Services Budget:
Personal Services..........................$ 4,998,940
Regular Operating Expenses.................$ 166,544
Travel.....................................$ 4,200
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 796,100
Equipment Purchases........................$ 62,560
Computer Charges...........................$ 1,417,522
Real Estate Rentals........................$ 6,198
Telecommunications.........................$ 73,793
Per Diem, Fees and Contracts...............$ 4,500
Postage....................................$ 563,215
Conviction Reports.........................$ 180,000
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 8,273,572
Indirect DOAS Services Funding.............$ 1,095,000
State Funds Budgeted.......................$ 7,178,572
Total Positions Budgeted 308
4. Field Operations Budget:
Personal Services..........................$ 23,205,684
Regular Operating Expenses.................$ 3,800,467
Travel.....................................$ 18,400
Motor Vehicle Equipment
Purchases...............................$ 2,080,000
Publications and Printing..................$ 214,800
Equipment Purchases........................$ -0-
Computer Charges...........................$ 517,777
Real Estate Rentals........................$ 1,896
Telecommunications..........*.............$ 551,100
Per Diem, Fees and Contracts...............$ 7,900
Postage....................................$ 34,800
Capital Outlay.............................$ -0-
352
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted........................$ 30,432,824
Indirect DO AS Services Funding.............$ 405,000
State Funds Budgeted........................$ 30,027,824
Total Positions Budgeted 969
5. Georgia Peace Officer Standards
and Training Budget:
Personal Services...........................$ 611,236
Regular Operating Expenses..................$ 1,623,316
Travel.................I.....................$ 26,200
Motor Vehicle Equipment Purchases...........$ 6,500
Publications and Printing...................$ 19,706
Equipment Purchases.........................$ 3,250
Computer Charges....................J.lfc....$ 45,738
Real Estate Rentals.........................$ 39,250
Telecommunications...................... $ 19,600
Per Diem, Fees and Contracts................$ 30,291
Postage.....................................$ 4,300
Total Funds Budgeted........................$ 2,429,387
State Funds Budgeted........................$ 2,338,020
Total Positions Budgeted 25
6. Police Academy:
Personal Services...........................$ 423,869
Regular Operating Expenses..................$ 119,680
Travel............m...............6,300
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 13,200
Equipment Purchases.....A...................$ 2,868
Computer Charges............................$ 150
Real Estate Rentals.........................$ -0-
Telecommunications......................... $ 9,125
Per Diem, Fees and Contracts................$ 116,960
Postage................................... $ 2,480
Total Funds Budgeted.........................$ 694,632
State Funds Budgeted........................$ 671,533
Total Positions Budgeted 16
7. Fire Academy:
Personal Services...........................$ 262,647
Regular Operating Expenses..................$ 40,030
Travel.................................. $ 11,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 2,800
GEORGIA LAWS 1982 SESSION
353
Equipment Purchases.......................$ 3,400
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 15,182
Telecommunications........................$ 8,500
Per Diem, Fees and Contracts..............$ 86,655
Postage...................................$ 4,000
Total Funds Budgeted......................$ 434,214
State Funds Budgeted......................$ 400,559
Total Positions Budgeted 12
8. Georgia Firefighter Standards and
Training Council Budget:
Personal Services.........................$ 106,825
Regular Operating Expenses................$ 8,830
Travel....................................$ 8,700
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 2,063
Equipment Purchases.......................$ 2,000
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 3,000
Telecommunications........................$ 3,000
Per Diem, Fees and Contracts..............$ 2,500
Postage...................................$ 900
Total Funds Budgeted......................$ 137,818
State Funds Budgeted......................$ 137,818
Total Positions Budgeted 4
9. Organized Crime Prevention
Council Budget:
Personal Services.........................$ 103,694
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.......................$ -0-
Telecommunications........................$ 2,250
Per Diem, Fees and Contracts..............$ 18,840
Postage...................................$ 1,000
Total Funds Budgeted......................$ 153,446
State Funds Budgeted......................$ 94,696
Total Positions Budgeted 3
354
GENERAL ACTS AND RESOLUTIONS, VOL. I
10. Georgia Public Safety
Training Facility Budget:
Personal Services....................... $ 51,736
Regular Operating Expenses................$ 1,000
Travel.................................. $ 13,660
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ -0-
Equipment Purchases.......................$ 7,000
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 1,000
Per Diem, Fees and Contracts..............$ 26,099
Capital Outlay....................v.......$ -0-
Total Funds Budgeted......................$ 100,495
State Funds Budgeted......................$ 49,871
Total Positions Budgeted 2
Authorized Motor Vehicles 0
Budget Unit Object Classes:
Personal Services.........................$ 33,673,846
Regular Operating Expenses................$ 7,327,732
Travel....................................$ 218,097
Motor Vehicle Equipment
Purchases...............................$ 2,096,000
Publications and Printing.................$ 1,229,010
Equipment Purchases.......................$ 237,143
Computer Charges..........................$ 2,025,484
Real Estate Rentals.......................$ 95,597
Telecommunications........................$ 847,318
Per Diem, Fees and Contracts..............$ 427,185
Postage...................................$ 648,495
Conviction Reports........................$ 180,000
Capital Outlay............................$ -0-
Total Positions Budgeted 1,533
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).
GEORGIA LAWS 1982 SESSION
355
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............
Departmental Operations Budget:
Payments to Employees
Retirement System..................
Employer Contributions...............
$ 11,374,727
$ 156,627
$ 11,218,100
356
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted.......................$ 11,374,727
State Funds Budgeted.......................$ 11,374,727
Budget Unit Object Classes:
Payments to Employees
Retirement System........................$ 156,627
Employer Contributions.....................$ 11,218,100
Section 36. Public Service Commission.
Budget Unit: Public Service
Commission.......................$ 3,520,206
i. Administration Budget:
Personal Services........................$ 700,664
Regular Operating Expenses...............$ 16,824
Travel...................................$ 8,500
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 1,150
Equipment Purchases......................$ 4,875
Computer Charges.........................$ -0-
Real Estate Rentals......................$ 64,275
Telecommunications............................ 24,445
Per Diem, Fees and Contracts.............$ 6,000
Total Funds Budgeted.....................$ 826,733
State Funds Budgeted.....................$ 825,233
Total Positions Budgeted 23
2. Transportation Budget:
Personal Services........................$ 969,975
Regular Operating Expenses...............$ 126,660
Travel................................. $ 33,479
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 8,500
Equipment Purchases......................$ 2,625
Computer Charges.........................$ -0-
Real Estate Rentals......................$ 55,221
Telecommunications.......................$ 19,500
Per Diem, Fees and Contracts.............$ 14,775
Total Funds Budgeted.....................$ 1,230,735
State Funds Budgeted.....................$ 1,230,735
Total Positions Budgeted 48
GEORGIA LAWS 1982 SESSION 357
3. Utilities Budget:
Personal Services..........................$ 1,199,944
Regular Operating Expenses.................$ 52,260
Travel.....................................$ 72,731
Motor Vehicle Equipment Purchases..........$ 6,250
Publications and Printing..................$ 2,111
Equipment Purchases........................$ 2,450
Computer Charges...........................$ 15,924
Real Estate Rentals........................$ 42,005
Telecommunications.........................$ 32,700
Per Diem, Fees and Contracts...............$ 114,014
Total Funds Budgeted.......................$ 1,540,389
State Funds Budgeted.......................$ 1,464,238
Total Positions Budgeted 53
Budget Unit Object Classes:
Personal Services..........................$ 2,870,583
Regular Operating Expenses.................$ 195,744
Travel.....................................$ 114,710
Motor Vehicle Equipment Purchases..........$ 6,250
Publications and Printing..................$ 11,761
Equipment Purchases........................$ 9,950
Computer Charges...........................$ 15,924
Real Estate Rentals........................$ 161,501
Telecommunications.........................$ 76,645
Per Diem, Fees and Contracts...............$ 134,789
Total Positions Budgeted 124
Authorized Motor Vehicles 26
Section 37. Regents, University
System of Georgia.
A. Budget Unit: Resident Instruction
and University
System Institutions.................$ 513,253,564
1. Resident Instruction Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 383,109,662
Sponsored Operations.....................$ 55,925,817
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 99,429,271
Sponsored Operations.....................$ 43,878,947
358
GENERAL ACTS AND RESOLUTIONS, VOL. I
Office of Minority
Business Enterprise......................$ 183,763
Special Desegregation Programs..............$ 250,000
Satellite Medical Facility
Program..................................$ 500,000
Teachers Retirement........................$ 45,213,478
Authority Lease Rentals.....................$ 20,877,000
Capital Outlay............................ $ 19,004,005
Total Funds Budgeted........................$ 668,371,943
Less Agency Funds:
Departmental Income.........................$ 13,729,954
Sponsored Income............................$ 105,867,042
Other Funds.................................$ 101,414,107
Auxiliary Income............................$ 5,121,983
Indirect Communication Charges..............$ 3,027,300
State Funds Budgeted........................$ 439,211,557
Total Positions Budgeted 16,481
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
GEORGIA LAWS 1982 SESSION
359
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
available for use by the University System.
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, $3,000,000 is specifi-
cally appropriated for renovations and improve-
ments of physical plant facilities.
Provided, further, it is the intent of this Gen-
eral Assembly that the 1 1/2% Personal Services
continuation factor incorporated into the Resident
Instruction appropriation in this Appropriations
Act be utilized to provide 2 1/2% merit-type
increases.
360
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, the State Board of Regents shall be
permitted to use available surplus from the Resi-
dent Instruction Budget Unit for Capital Outlay
and Equipment Purchases only.
2. Marine Resources Extension
Center Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 538,476
Sponsored Operations.....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 273,020
Sponsored Operations.....................$ 9,623
Total Funds Budgeted.......................$ 821,119
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ 9,623
Other Funds................................$ 117,869
Indirect DOAS Services Funding.............$ 9,800
State Funds Budgeted..................... $ 683,827
Total Positions Budgeted 26
3. Skidaway Institute of
Oceanography Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 707,943
Sponsored Operations.....................$ 672,800
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 519,300
Sponsored Operations.....................$ 869,200
Total Funds Budgeted.......................$ 2,769,243
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ 1,542,000
Other Funds.......................... ,...$ 316,381
Indirect DOAS Services Funding.............$ -0-
State Funds Budgeted.......................$ 910,862
Total Positions Budgeted 33
4. Marine Institute Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 332,009
Sponsored Operations.................... $ 196,000
GEORGIA LAWS 1982 SESSION
361
Operating Expenses:
Educ., Gen., and Dept. Svcs............$ 176,200
Sponsored Operations.....................$ 154,000
Total Funds Budgeted.......................$ 858,209
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ 350,000
Other Funds................................$ 10,516
Indirect DOAS Services Funding.............$ -0-
State Funds Budgeted.......................$ 497,693
Total Positions Budgeted 20
5. Engineering Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs............$ 8,191,149
Sponsored Operations.....................$ 19,736,235
Operating Expenses:
Educ., Gen., and Dept. Svcs............$ 6,345,900
Sponsored Operations.....................$ 16,165,006
Agricultural Research......................$ 396,801
Total Funds Budgeted.......................$ 50,835,091
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ 35,901,241
Other Funds................................$ 9,887,145
Indirect DOAS Services Funding.............$ 117,600
State Funds Budgeted.......................$ 4,929,105
Total Positions Budgeted 310
6. Engineering Extension
Division Budget:
Personal Services:
Educ., Gen., and Dept. Svcs............$ 924,387
Sponsored Operations.....................$ 35,000
Operating Expenses:
Educ., Gen., and Dept. Svcs............$ 470,675
Sponsored Operations.....................$ 15,000
Advanced Technology
Development Center.......................$ 358,555
Total Funds Budgeted.......................$ 1,803,617
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ 50,000
362
GENERAL ACTS AND RESOLUTIONS, VOL. I
Other Funds.................................$ 843,017
Indirect DOAS Services Funding..............$ 12,200
State Funds Budgeted........................$ 898,400
Total Positions Budgeted 36
7. Agricultural Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs...............$ 17,186,793
Sponsored Operations......................$ 3,575,000
Operating Expenses:
Educ., Gen., and Dept. Svcs...............$ 7,217,100
Sponsored Operations......................$ 1,925,000
Capital Outlay..............................$ -0-
Total Funds Budgeted........................$ 29,903,893
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........................$ 18,127,393
Total Positions Budgeted 848
8. Cooperative Extension
Service Budget:
Personal Services:
Educ., Gen., and Dept. Svcs...............$ 19,681,551
Sponsored Operations......................$ 4,590,000
Operating Expenses:
Educ., Gen., and Dept. Svcs...............$ 2,971,900
Sponsored Operations......................$ 2,010,000
Total Funds Budgeted........................$ 29,253,451
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........................$ 17,651,251
Total Positions Budgeted 951
GEORGIA LAWS 1982 SESSION
363
9. Eugene Talmadge Memorial
Hospital Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 38,200,582
Sponsored Operations......................$ 2,377,513
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 16,893,220
Sponsored Operations......................$ 611,238
Capital Outlay - ETMH
Renovations............................$ 2,500,000
Total Funds Budgeted........................$ 60,582,553
Less Agency Funds:
Departmental Income.........................$ 837,201
Sponsored Income............................$ 2,988,751
Other Funds.................................$ 31,083,198
Board of Corrections........................$ 1,647,000
Indirect DOAS Services Funding..............$ 193,500
State Funds Budgeted........................$ 23,832,903
Total Positions Budgeted 2,785
10. Veterinary Medicine Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 730,000
Sponsored Operations......................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 353,550
Sponsored Operations......................$ -0-
Agricultural Research.......................$ 300,000
Disease Research............................$ 70,000
Fire Ant Research...........................$ 150,000
Total Funds Budgeted........................$ 1,603,550
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income............................$ -0-
Other Funds.................................$ -0-
Indirect DOAS Services Funding..............$ -0-
State Funds Budgeted........................$ 1,603,550
Total Positions Budgeted 30
364
GENERAL ACTS AND RESOLUTIONS, VOL. I
11. Veterinary Medicine Teaching
Hospital Budget:
Personal Services:
Educ., Gen., and Dept. Svcs............. $ 658,697
Sponsored Operations......................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs...............$ 742,668
Sponsored Operations......................$ -0-
Total Funds Budgeted........................$ 1,401,365
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income............................$ -0-
Other Funds............................. $ 1,050,000
Indirect DOAS Services Funding..............$ -0-
State Funds Budgeted...................... $ 351,365
Total Positions Budgeted 60
12. Family Practice Residency
Program Budget:
Personal Services:
Educ., Gen., and Dept. Svcs ....=.........$ 106,426
Operating Expenses:
Educ., Gen., and Dept. Svcs...............$ 118,360
Capitation Contracts for
Family Practice Residency............... $ 1,880,000
Residency Capitation Grants.................$ 1,785,000
New Program Development Contracts
for Family Practice Residency.............$ 225,000
Student Preceptorships......................$ 135,000
Total Funds Budgeted........................$ 4,249,786
State Funds Budgeted........................$ 4,249,786
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 $500.
GEORGIA LAWS 1982 SESSION
365
13. Georgia Radiation Therapy
Center Budget:
Personal Services:
Educ., Gen., and Dept. Svcs............$ 503,171
Sponsored Operations.....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs............$ 147,000
Sponsored Operations.....................$ -0-
Total Funds Budgeted.......................$ 650,171
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ -0-
Other Funds................................$ 344,299
Indirect DO AS Services Funding............$ -0-
State Funds Budgeted..................... $ 305,872
Total Positions Budgeted 32
Budget Unit Object Classes:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 470,870,846
Sponsored Operations.....................$ 87,108,365
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 135,658,164
Sponsored Operations.....................$ 65,638,014
Office of Minority
Business Enterprise......................$ 183,763
Special Desegregation Programs.............$ 250,000
Satellite Medical Facility
Program..................................$ 500,000
Fire Ant Research..........................$ 150,000
Agricultural Research......................$ 696,801
Disease Research...........................$ 70,000
Advanced Technology
Development Center.......................$ 358,555
Capitation Contracts for
Family Practice Residency................$ 1,880,000
New Program Development
Contracts for Family
Practice Residency.......................$ 225,000
Residency Capitation Grants................$ 1,785,000
Student Preceptorships.....................$ 135,000
Teachers Retirement.......................$ 45,213,478
Authority Lease Rentals....................$ 20,877,000
366
GENERAL ACTS AND RESOLUTIONS, VOL. I
Capital Outlay - ETMH
Renovations...............................$ 2,500,000
Capital Outlay.........................19,004,005
Total Positions Budgeted 21,616
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.........$ 14,675,060
Regents Central Office Budget:
Personal Services..........................$ 2,661,480
Operating Expenses.........................$ 675,200
SREB Payments..............................$ 3,776,700
Medical Scholarships.......................$ 510,000
Regents Opportunity Grants.................$ 500,000
Regents Scholarships.......................$ 200,000
Grants to Junior Colleges..................$ 6,136,680
Rental Payments to Georgia
Military College.........................$ 190,000
Central Savannah River Area
Business League..........................$ 25,000
Total Funds Budgeted.......................$ 14,675,060
State Funds Budgeted.......................$ 14,675,060
Total Positions Budgeted 98
Budget Unit Object Classes:
Personal Services......................... $ 2,661,480
Operating Expenses.........................$ 675,200
SREB Payments............................ $ 3,776,700
Medical Scholarships.......................$ 510,000
Regents Opportunity Grants.................$ 500,000
Regents Scholarships..................... $ 200,000
Grants to Junior Colleges..................$ 6,136,680
Rental Payments to Georgia
Military College....................... $ 190,000
Central Savannah River Area
Business League........................ $ 25,000
Total Positions Budgeted 98
Authorized Motor Vehicles 0
Provided, that of the above appropriation rela-
tive to Grants to Junior Colleges, payments are to
GEORGIA LAWS 1982 SESSION
367
be based on a rate of $772 per EFT student.
Furthermore, 50 quarter credit hours shall be used
in the calculation of an equivalent full-time stu-
dent.
Section 38. Department of Revenue.
Budget Unit: Department of Revenue.............$ 33,251,339
1. Departmental Administration
Budget:
Personal Services..........................$ 966,530
County Tax Officials/Retirement
and FICA.................................$ 573,000
Regular Operating Expenses.................$ 126,396
Travel.....................................$ 16,753
Motor Vehicle Equipment Purchases..........$ 8,400
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.......................$ 1,747,709
Indirect Georgia Building
Authority Rents..........................$ -0-
State Funds Budgeted.......................$ 1,747,709
Total Positions Budgeted 33
2. Motor Vehicle Administration
Budget:
Personal Services..........................$ 4,230,118
Regular Operating Expenses.................$ 199,810
Travel.....................................$ 5,921
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 257,100
Equipment Purchases........................$ 36,543
Computer Charges...........................$ 1,913,697
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 83,700
Per Diem, Fees and Contracts...............$ -0-
Motor Vehicle Tag Purchases................$ 2,000,000
Motor Vehicle Decal Purchases..............$ 387,500
Postage....................................$ -0-
368
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted...........................$ 9,114,389
Indirect DO AS Services Funding................$ 1,050,000
State Funds Budgeted...........................$ 8,064,389
Total Positions Budgeted 256
Provided, that of the above appropriated
amount relating to motor vehicle tag purchases,
$2,000,000 is designated and committed for use in
contracting with the Department of Offender
Rehabilitation for the production of at least
1,960,000 motor vehicle tags, and for this purpose
only.
Any such contract may provide for partial,
advance payment from the Department of Reve-
nue to Georgia Correctional Industries during tag
production.
3. Property Tax Budget:
Personal Services.........................$ 1,179,417
Regular Operating Expenses................$ 57,958
Travel....................................$ 72,396
Motor Vehicle Equipment Purchases.........$ 21,800
Publications and Printing.................$ 88,000
Equipment Purchases...............,.......$ 1,800
Computer Charges............,.....;.......$ 330,249
Real Estate Rentals..................... $ -0-
Telecommunications........................$ 20,500
Per Diem, Fees and Contracts..............$ 206,500
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..............;.......$ 3,419,620
Repayment of Loans to
Counties/Property Revaluation...........$ -0-
Indirect DO AS Services Funding...........$ 250,000
State Funds Budgeted......................$ 3,169,620
Total Positions Budgeted 62
GEORGIA LAWS 1982 SESSION
369
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..........................$ 1,385,053
Regular Operating Expenses.................$ 17,030
Travel.....................................$ 3,201
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 68,000
Equipment Purchases........................$ 4,250
Computer Charges...........................$ 556,150
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 25,280
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ 85,200
Total Funds Budgeted.......................$ 2,144,164
Indirect DOAS Services Funding.............$ 305,000
State Funds Budgeted.......................$ 1,839,164
Total Positions Budgeted 85
5. Motor Fuel Taxation Budget:
Personal Services..........................$ 650,479
Regular Operating Expenses.................$ 5,580
Travel.....................................$ 2,082
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 52,000
Equipment Purchases........................$ 1,850
Computer Charges...........................$ 240,591
Real Estate Rentals........................$ -0-
Telecommunication8.........................$ 13,300
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ -0-
Total Funds Budgeted.......................$ 965,882
Indirect DOAS Services Funding.............$ 100,000
State Funds Budgeted.......................$ 865,882
Total Positions Budgeted 37
6. Income Taxation Budget:
Personal Services..........................$ 2,360,518
Regular Operating Expenses.................$ 40,890
370
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel.....................................$ 3,147
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 325,000
Equipment Purchases........................$ 10,250
Computer Charges...........................$ 2,056,494
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 39,450
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ 251,800
Total Funds Budgeted.......................$ 5,087,549
Indirect DOAS Services Funding.............$ 1,500,000
State Funds Budgeted.......................$ 3,587,549
Total Positions Budgeted 126
7. Central Audit Budget:
Personal Services..........................$ 2,361,352
Regular Operating Expenses.................$ 11,376
Travel.....................................$ 419,350
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 2,500
Equipment Purchases........................$ 2,500
Computer Charges......................... $ 13,500
Real Estate Rentals........................$ 9,750
Telecommunications.........................$ 17,200
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ 50
Total Funds Budgeted.......................$ 2,837,578
State Funds Budgeted.......................$ 2,837,578
Total Positions Budgeted 82
8. Field Audit Services Budget:
Personal Services..........................$ 6,120,446
Regular Operating Expenses.................$ 197,750
Travel.....................................$ 309,290
Motor Vehicle Equipment Purchases..........$ 36,573
Publications and Printing..................$ 66,500
Equipment Purchases........................$ 25,590
Computer Charges...........................$ 79,734
Real Estate Rentals........................$ 161,760
Telecommunications.........................$ 167,600
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ 60,541
Total Funds Budgeted.......................$ 7,225,784
Indirect DOAS Services Funding.............$ 50,000
GEORGIA LAWS 1982 SESSION 371
State Funds Budgeted.......................$ 7,175,784
Total Positions Budgeted 307
9. Internal Administration Budget:
Personal Services..........................$ 1,235,537
Regular Operating Expenses.................$ 142,780
Travel.....................................$ 1,196
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 300,000
Equipment Purchases........................$ 132,050
Computer Charges...........................$ 65,642
Real Estate Rentals........................$ 814,679
Telecommunications.........................$ 13,780
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ 1,258,000
Total Funds Budgeted.......................$ 3,963,664
Indirect Georgia Building
Authority Rents.........................$ -0-
State Funds Budgeted.......................$ 3,963,664
Total Positions Budgeted 69
Budget Unit Object Classes:
Personal Services..........................$ 20,489,450
County Tax Officials/Retirement
and FICA................................$ 573,000
Regular Operating Expenses.................$ 799,570
Travel.....................................$ 833,336
Motor Vehicle Equipment
Purchases...............................$ 66,773
Publications and Printing..................$ 1,175,100
Equipment Purchases........................$ 217,563
Computer Charges...........................$ 5,268,057
Real Estate Rentals........................$ 986,189
Telecommunications.........................$ 401,610
Per Diem, Fees and Contracts...............$ 211,500
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..............$ 387,500
Intangible Tax Equalization Fund...........$ -0-
372
GENERAL ACTS AND RESOLUTIONS, VOL. I
Postage.....................................$ 1,666,691
Total Positions Budgeted 1,057
Authorized Motor Vehicles 60
Section 39. Secretary of State.
A. Budget Unit: Secretary of State.............$ 12,263,100
1. Occupational Certification Budget:
Personal Services..........................$ 2,636,786
Regular Operating Expenses.................$ 822,921
Travel.....................................$ 115,172
Motor Vehicle Equipment Purchases..........$ 36,000
Publications and Printing..................$ 104,216
Equipment Purchases........................$ 23,283
Computer Charges...........................$ 277,458
Real Estate Rentals.......................201,136
Telecommunications.........................$ 68,940
Per Diem, Fees and Contracts...............$ 345,785
Total Funds Budgeted.......................$ 4,631,697
State Funds Budgeted.......:..............$ 4,631,149
Total Positions Budgeted 136
Occupational Certification Functional Budgets
Accounting
Architect
Athletic Trainers
Auctioneers
Barbers
Board Cost of
Costs Operations
$ 119,185
$ 26,777
$ 1,032
$ 4,279
$ 12,889
$ 5,983
$ 54,769
$ 219,987
$ 90,210
$ 1,647
$ 28,435
$ 188,473
$ 36,343
$ 211,957
Chiropractic
Construction Industry
GEORGIA LAWS 1982 SESSION
Cosmetology
Dentistry
Engineers
Forestry
Funeral Service
Geology
Hearing Aid
Landscape Architect
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
$ 27,582 $
$ 38,642 $
$ 53,173 $
$ 4,070 $
$ 13,841 $
$ 4,020 $
$ 4,020 $
$ 3,850 $
$ 1,470 $
$ -0- $
$ 143,889 $
$ 11,509 $
$ 111,336 $
$ 5,203 $
$ 6,365 $
$ 1,126 $
$ 8,145 $
$ 46,245 $
$ 12,955 $
$ 1,919 $
$ 713 $
373
631,638
194,365
272,000
23,043
116,839
27,818
27,818
15,037
15,641
-0-
698,255
28.763
630,477
26,788
32,068
5,491
72.764
293,625
31,087
13,604
12,755
GENERAL ACTS AND RESOLUTIONS, VOL. I
374
Practical Nursing
Private Detective
Psychologist
Recreation
Sanitarian
Speech Pathology
Used Car Dealers
Used Car Parts
Veterinary
Wastewater
Well Water
Administration
Investigative
Total
$ 58,268
$ -0-
$ 19,428
$ 3,366
$ 4,256
$ 4,969
$ 10,451
$ -0-
$ 20,205
$ 7,434
$ 2,884
$ -0-
$ -0-
$ 857,086
2. Securities Regulation Budget:
Personal Services.....................
Regular Operating Expenses...............$
Travel...................................$
Motor Vehicle Equipment Purchases........$
Publications and Printing................$
Equipment Purchases.................... $
Computer Charges.................t.fR....$
Real Estate Rentals...........M..........$
Telecommunications.......................$
Per Diem, Fees and Contracts.............$
Total Funds Budgeted.....................$
State Funds Budgeted.................... $
Total Positions Budgeted
315,837
193,836
50,156
17,603
18,688
18,619
175,141
6,857
67,270]
51,214
9,439
-0-
-0-
4,861,225
421,611
29,550
8,265
-0-
3,500
1,120
17,366
17,290
9,878
2,000
510,580
505,070
19
GEORGIA LAWS 1982 SESSION 375
3. Corporations Regulation Budget:
Personal Services.........................$ 496,923
Regular Operating Expenses................$ 20,894
Travel....................................$ 2,982
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 19,320
Equipment Purchases.......................$ 1,800
Computer Charges..........................$ 118,508
Real Estate Rentals.......................$ 54,420
Telecommunications........................$ 40,200
Per Diem, Fees and Contracts..............$ -0-
Postage...................................$ 38,300
Total Funds Budgeted......................$ 793,347
State Funds Budgeted......................$ 793,347
Total Positions Budgeted 31
4. Drugs and Narcotics Budget:
Personal Services.........................$ 405,894
Regular Operating Expenses................$ 33,175
Travel....................................$ 23,714
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 300
Equipment Purchases.......................$ 1,400
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 5,782
Telecommunications........................$ 5,000
Per Diem, Fees and Contracts..............$ 2,500
Total Funds Budgeted......................$ 477,765
State Funds Budgeted......................$ 477,765
Total Positions Budgeted 15
5. Archives and Records Budget:
Personal Services.........................$ 1,848,535
Regular Operating Expenses................$ 198,783
Travel....................................$ 41,251
Motor Vehicle Equipment Purchases.........$ 8,000
Publications and Printing.................$ 18,015
Equipment Purchases.......................$ 46,750
Computer Charges..........................$ 15,000
Real Estate Rentals.......................$ 28,707
Telecommunications........................$ 39,426
Per Diem, Fees and Contracts..............$ 6,266
Capital Outlay............................$ -0-
Authority Lease Rentals...................$ 1,276,000
376
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted........................$ 3,526,733
State Funds Budgeted........................$ 3,376,699
Total Positions Budgeted 93
6. General Services Budget:
Personal Services...........................$ 546,088
Regular Operating Expenses................ $ 48,612
Travel......................................$ 2,257
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing...................$ 112,974
Equipment Purchases.........................$ 2,233
Computer Charges........................ $ -0-
Real Estate Rentals....................... $ 6,085
Telecommunications........................ $ 13,156
Per Diem, Fees and Contracts................$ 1,860
Total Funds Budgeted........................$ 733,265
State Funds Budgeted........................$ 729,538
Total Positions Budgeted 29
7. Internal Administration Budget:
Personal Services......................... $ 784,673
Regular Operating Expenses..................$ 47,953
Travel..................................... $ 4,624 i
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing............... $ 100,000
Equipment Purchases.........................$ 1,100
Computer Charges.........v.V........i.......$ 6,000
Real Estate Rentals....................... $ 21,239
Telecommunications............................. 26,839
Per Diem, Fees and Contracts........................1,000
Postage.....................................$ 29,000
Total Funds Budgeted........................$ 1,022,428
State Funds Budgeted...................... $ 1,022,428
Total Positions Budgeted 35
8. State Campaign and Financial
Disclosure Commission Budget:
Personal Services...................:......$ 73,571
Regular Operating Expenses................. $ 9,955
Travel................................ $ 3,230
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...J>..............$ 9,000
Equipment Purchases....................... $ -0-
Computer Charges............;.........Ly.l.U$ -0-
GEORGIA LAWS 1982 SESSION
377
Real Estate Rentals.......................$ 9,492
Telecommunications........................$ 3,600
Per Diem, Fees and Contracts..............$ 5,637
Total Funds Budgeted......................$ 114,485
State Funds Budgeted......................$ 114,485
Total Positions Budgeted 3
9. Elections and Campaign
Disclosure Budget:
Personal Services.........................$ 177,881
Regular Operating Expenses................$ 20,955
Travel....................................$ 2,259
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 6,000
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 4,524
Per Diem, Fees and Contracts..............$ 1,000
Election Expenses.........................$ 400,000
Total Funds Budgeted......................$ 612,619
State Funds Budgeted......................$ 612,619
Total Positions Budgeted 8
Budget Unit Object Classes:
Personal Services.........................$ 7,391,962
Regular Operating Expenses................$ 1,232,798
Travel....................................$ 203,754
Motor Vehicle Equipment Purchases.........$ 44,000
Publications and Printing.................$ 373,325
Equipment Purchases.......................$ 77,686
Computer Charges..........................$ 434,332
Real Estate Rentals.......................$ 344,151
Telecommunications........................$ 211,563
Per Diem, Fees and Contracts..............$ 366,048
Election Expenses.........................$ 400,000
Postage...................................$ 67,300
Capital Outlay.......................... $ -0-
Authority Lease Rentals...................$ 1,276,000
Total Positions Budgeted 369
Authorized Motor Vehicles 70
378
GENERAL ACTS AND RESOLUTIONS, VOL. I
B. Budget Unit: Real Estate Commission......$ 931,299
Real Estate Commission Budget:
Personal Services.......................$ 484,754
Regular Operating Expenses..............$ 203,759
Travel...................................$ 13,332
Motor Vehicle Equipment Purchases.......$ 14,000
Publications and Printing...............$ 29,000
Equipment Purchases.....................$ 18,776
Computer Charges........................$ 53,387
Real Estate Rentals.....................$ 30,450
Telecommunications.................... $ 13,041
Per Diem, Fees and Contracts............$ 70,800
Total Funds Budgeted....................$ 931,299
State Funds Budgeted....................$ 931,299
Total Positions Budgeted 27
Real Estate Commission Functional Budget
Cost of
State Funds Operations
Pos.
Real Estate Commission $ 931,299 $ 975,602 27
Budget Unit Object Classes:
Personal Services.......................$ 484,754
Regular Operating Expenses..............$ 203,759
Travel............................... $ 13,332
Motor Vehicle Equipment Purchases.......$ 14,000
Publications and Printing...............$ 29,000
Equipment Purchases.....................$ 18,776
Computer Charges........................$ 53,387
Real Estate Rentals.....................$ 30,450
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..............$ 15,528,138
GEORGIA LAWS 1982 SESSION
379
1. Internal Administration
Activity Budget:
Personal Services..........................$ 1,527,013
Regular Operating Expenses.................$ 167,592
Travel.....................................$ 33,900
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.......................$ 2,652,145
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 77
2. Higher Education Assistance
Corporation Budget:
Payment of Interest and Fees...............$ 451,250
Total Funds Budgeted.......................$ 451,250
State Funds Budgeted.......................$ 406,250
Total Positions Budgeted 0
3. Georgia Student Finance
Authority Budget:
Guaranteed Educational Loans...............$ 2,785,250
Tuition Equalization Grants................$ 10,500,000
Student Incentive Grants...................$ 3,568,800
North Georgia College
ROTC Grants.............................$ 134,000
Law Enforcement Personnel
Dependents Grants......................$ 22,000
Georgia Military Scholarship
Grants................................ $ 23,510
Total Funds Budgeted.......................$ 17,033,560
State Funds Budgeted.......................$ 15,121,888
Total Positions Budgeted 0
Budget Unit Object Classes:
Personal Services..........................$ 1,527,013
Regular Operating Expenses.................$ 167,592
Travel................................... $ 33,900
380
GENERAL ACTS AND RESOLUTIONS, VOL. I
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...............$ 451,250
Guaranteed Educational Loans...............$ 2,785,250
Tuition Equalization Grants................$ 10,500,000
Student Incentive Grants...................$ 3,568,800
Law Enforcement Personnel
Dependents Grants......................$ 22,000
North Georgia College
ROTC Grants..............................$ 134,000
Georgia Military Scholarship
Grants.................................. $ 23,510
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
GEORGIA LAWS 1982 SESSION
381
$140,000 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 $675 per academic year,
and for payment of grants for the 1981 summer
school quarter or semester, to undergraduate stu-
dents attending private colleges in Georgia as pro-
vided for in Article 5 of Code Chapter 32-37.
Provided, that the above appropriated amount
relative to North Georgia College ROTC Grants
provides for payment of grants to eligible students
as provided for in Article 6 of Code Chapter 32-37.
Provided, that the above appropriated amount
relative to Law Enforcement Personnel Depen-
dents Grants provides for payment of grants to
eligible students as provided for in Article 7 of
Code Chapter 32-37.
Provided, that the above appropriated amount
relative to North Georgia College Military Scholar-
ships provides for payment of scholarships to
select recipients as provided for in Article 9 of
Code Chapter 32-37.
382
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, that the above appropriated amount
relative to Payment of Interest and Fees is desig-
nated and committed for the purpose of enabling
the Georgia Higher Education Assistance Corpora-
tion to make state interest subsidy payments to
lenders as provided for in Code Section 32-3314,
and loan discount fee payments to lenders as pro-
vided for in Code Section 32-3315.
Provided, that from any of the above appropri-
ated amounts any available funds may be utilized
by the Georgia Higher Education Assistance Cor-
poration for the purpose of making timely pay-
ments of interest and special allowances to lenders
as provided for in Code Section 32-3313 and Code
Section 32-3710.
Section 41. Soil and Water Conservation
Committee.
Budget Unit: Soil and Water
Conservation Committee............$ 796,994
1. Soil and Water Conservation
Central Office Budget:
Personal Services....................... $ 367,383
Regular Operating Expenses...............$ 37,500
Travel................................. $ 39,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing............... $ 18,900
Equipment Purchases......................$ 4,000
Computer Charges........................ $ -0-
Real Estate Rentals..................... $ 15,300
Telecommunications...................... $ 9,200
Per Diem, Fees and Contracts.............$ 141,200
Total Funds Budgeted.........**....632,483
State Funds Budgeted.................. .$ 632,483
Total Positions Budgeted 12
2. Soil and Water Conservation
Dam Safety Budget:
Personal Services.........:............,.$ 120,521
Regular Operating Expenses.............12,550
Travel...,............................. $ 9,790
Motor Vehicle Equipment Purchases........$ -0-
GEORGIA LAWS 1982 SESSION 383
Publications and Printing.................$ 2,000
Equipment Purchases.......................$ 500
Computer Charges..........................$ 4,000
Real Estate Rentals.......................$ 4,350
Telecommunications........................$ 2,800
Per Diem, Fees and Contracts..............$ 8,000
Total Funds Budgeted......................$ 164,511
State Funds Budgeted......................$ 164,511
Total Positions Budgeted 5
Budget Unit Object Classes:
Personal Services.........................$ 487,904
Regular Operating Expenses................$ 50,050
Travel....................................$ 48,790
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 20,900
Equipment Purchases.......................$ 4,500
Computer Charges..........................$ 4,000
Real Estate Rentals.......................$ 19,650
Telecommunications........................$ 12,000
Per Diem, Fees and Contracts..............$ 149,200
Total Positions Budgeted 17
Authorized Motor Vehicles 3
Section 42. Teachers Retirement System.
Budget Unit: Teachers Retirement
System............................$ 2,089,000
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.....................$ 1,097,000
Employer Contributions....................$ 992,000
Total Funds Budgeted......................$ 4,090,180
384
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$
Total Positions Budgeted
Budget Unit Object Classes:
Personal Services....................... $
Regular Operating Expenses................$
Travel..................... ............$
Motor Vehicle Equipment Purchases........:...$
Publications and Printing.............. $
Equipment Purchases........................$
Computer Charges....................1....$
Real Estate Rentals.......................$
Telecommunications........:.t............$
Per Diem, Fees and Contracts..............$
Postage......J..............................$
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.............................$
Publications and Printing................$
Equipment Purchases................... $
Computer Charges...................... $
Real Estate Rentals......................$
Telecommunications.......................$
Per Diem, Fees and Contracts.............$
2,089,000
61
1,235,056
69,500
12,000
-0-
26,000
5,000
368,428
72,196
38.000
115.000
60.000
1,097,000
992.000
61
1
412,618,699
68,838,559
4,023,131
1,373,885
-0-
249,800
50,545
-0-
31,125
823,020
8,767,791
GEORGIA LAWS 1982 SESSION
385
Capital Outlay..............................$ 343,479,646
Total Funds Budgeted........................$ 427,637,502
State Funds Budgeted........................$ 169,152,502
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..............................$ 90,150,000
Total Funds Budgeted........................$ 177,701,297
State Funds Budgeted........................$ 175,601,297
Total Positions Budgeted 3,725
3. Authorities Budget:
Authority Lease Rentals.....................$ 24,805,619
State of Georgia General
Obligation Debt Sinking Fund..............$ 3,724,517
Total Funds Budgeted........................$ 28,530,136
State Funds Budgeted........................$ 28,530,136
4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases...........$ 1,000,000
Equipment Purchases.........................$ 2,200,000
Capital Outlay..............................$ 300,000
Total Funds Budgeted........................$ 3,500,000
State Funds Budgeted........................$ 3,400,000
5. Assistance to Counties Budget:
Grants to Counties..........................$ 9,317,013
Total Funds Budgeted........................$ 9,317,013
State Funds Budgeted.......................$ 9,317,013
386
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
GEORGIA LAWS 1982 SESSION
387
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
388
GENERAL ACTS AND RESOLUTIONS, VOL. I
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..............................$ 312,629.00
Augusta Railroad Project......................$ 1,500,000.00
GEORGIA LAWS 1982 SESSION
389
Capital Outlay - Paving State
and Local Schools and
State Institutions........................$ 750,000.00
Paving State Parks and
Historic Sites............................$ 500,000.00
Capital Outlay - Paving
Farmers Markets...........................$ 250,000.00
Maintenance and Betterments
Capital Outlay -
Rehabilitation and
Improvements - Off System.................$14,388,137.06
This appropriation shall be accounted for sepa-
rately from all other appropriations to the Depart-
ment of Transportation, and shall be in addition to
appropriations of an amount equivalent to motor
fuel tax revenue required under Article III, Section
X, Paragraph VII, subsection (b) of the State
Constitution.
7. Assistance to Municipalities
Budget:
Grants to Municipalities.....................$ 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.
390
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
8. Air Transportation Budget:
Personal Services.........................$ 495,160
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......................$ 924,330
State Funds Budgeted......................$ 574,330
Total Positions Budgeted 17
9. Inter-Modal Transfer Facilities
Budget:
Personal Services.........................$ 625,632
Regular Operating Expenses...^............$ 49,620
Travel..................................$ 26,275
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 24,000
Equipment Purchases................... $ 800
Computer Charges..........................$ -0-
Real Estate Rentals................... ;.$ -0-
Telecommunications........................$ 17,300
Per Diem, Fees and Contracts..............$ 453,393
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......................$ 3,745,240
State Funds Budgeted......................$ 3,470,240
Total Positions Budgeted 24
GEORGIA LAWS 1982 SESSION
391
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..........................$ 130,575,059
Regular Operating Expenses.................$ 39,713,120
Travel.....................................$ 1,841,323
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...............$ 10,383,859
Capital Outlay.............................$ 433,929,646
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.
392
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 up to but not
exceeding one-half (1/2) of the Non-federal share
when matching both Federal and Local Funds, and
50% of an individual airport project when match-
ing Local Funds only with no Federal Fund partici-
pation. Provided, further, that the Department of
Transportation is authorized to utilize State Air-
port Development Funds at 100% of the total cost
of an individual airport project for airports owned
by the State of Georgia.
Provided, that $744,500 of the above allocation
for harbor maintenance payments is designated
and committed for payment for harbor mainte-
nance and improvements at Savannah.
Provided, further, that the Department of
Transportation is authorized and directed to
transfer to Personal Services from other object
classes such funds as are required to fund the
increased Personal Services costs contemplated in
this Act, subject only to approval by the Office of
Planning and Budget.
Provided further, it is the intent of this General
Assembly that the following class may be reas-
signed at the discretion of the Department of
Transportation as shown:
Class Name
Transportation Engineer Associate 31
Provided that the Department of Trans-
portation is authorized to retain its Bus Rental
Income to operate, maintain, and upgrade the
department owned buses.
New Paygrade
@ 3 or 4
GEORGIA LAWS 1982 SESSION
393
Section 44. Department of Veterans Service.
Budget Unit: Department of Veterans
Service...........................$ 10,738,865
1. Veterans Assistance Budget:
Personal Services.........................$ 2,957,836
Regular Operating Expenses................$ 95,086
Travel....................................$ 83,600
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 19,000
Equipment Purchases.......................$ 26,860
Computer Charges..........................$ 100
Real Estate Rentals.......................$ 130,876
Telecommunications........................$ 61,575
Per Diem, Fees and Contracts..............$ 6,000
Postage...................................$ 27,800
Total Funds Budgeted......................$ 3,408,733
State Funds Budgeted......................$ 3,128,899
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..................$ 6,791,112
Total Funds Budgeted......................$ 6,906,812
State Funds Budgeted......................$ 5,469,442
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..............$ 2,916,994
Total Funds Budgeted......................$ 2,922,244
State Funds Budgeted......................$ 2,140,524
394
GENERAL ACTS AND RESOLUTIONS, VOL. I
Budget Unit Object Classes:
Personal Services.........................$ 2,957,836
Regular Operating Expenses................$ 95,086
Travel................................... $ 83,600
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing ...,;S..........$ 19,000
Equipment Purchases..................:....$ 84,110
Computer Charges...................... $ 100
Real Estate Rentals................... $ 130,876
Telecommunications...................... $ 61,575
Per Diem, Fees and Contracts..............$ 6,000
Capital Outlay............H...............$ -0-
Postage.............................;.'.y. $ 27,800
Operating Expense/Payments to
Central State Hospital................ $ 6,791,112
Operating Expense/Payments to
Medical College of Georgia..............$ 2,916,994
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.............................$ 3,896,936
1. Workers Compensation
Administration Budget:
Personal Services..................... $ 2,897,230
Regular Operating Expenses................$ 111,579
Travel....................................$ 40,465
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ 38,000
Equipment Purchases...............................4,200
Computer Charges................................ 86,520
Real Estate Rentals.....t................$ 229,525
Telecommunications............:...........$ 80,000
Per Diem, Fees and Contracts..............$ 46,319
Postage........................................ 53,000
Total Funds Budgeted......................$ 3,586,838
State Funds Budgeted......:;;:............$ 3,572,338
Total Positions Budgeted 127
GEORGIA LAWS 1982 SESSION 395
2. Vocational Rehabilitation Budget:
Personal Services..........................$ 270,447
Regular Operating Expenses.................$ 6,147
Travel.....................................$ 9,400
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 3,000
Equipment Purchases........................$ -0-
Computer Charges...........................$ 525
Real Estate Rentals........................$ 21,779
Telecommunications.........................$ 5,000
Per Diem, Fees and Contracts...............$ 5,300
Postage....................................$ 3,000
Total Funds Budgeted.......................$ 324,598
State Funds Budgeted.......................$ 324,598
Total Positions Budgeted 12
Budget Unit Object Classes:
Personal Services..........................$ 3,167,677
Regular Operating Expenses.................$ 117,726
Travel.....................................$ 49,865
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 41,000
Equipment Purchases........................$ 4,200
Computer Charges...........................$ 87,045
Real Estate Rentals........................$ 251,304
Telecommunications.........................$ 85,000
Per Diem, Fees and Contracts...............$ 51,619
Postage....................................$ 56,000
Total Positions Budgeted 139
Authorized Motor Vehicles 1
Section 46. State of Georgia General
Obligation Debt Sinking Fund.
Budget Unit: State of Georgia
General Obligation
Debt Sinking Fund.................$ 50,703,850
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
396
GENERAL ACTS AND RESOLUTIONS, VOL. I
through the issuance of not more than $83,000,000
in principal amount of General Obligation Debt.
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Fund, $1,300,000 is specifically
appropriated for the purpose of financing the
acquisition of an office facility, through the issu-
ance of not more than $4,800,000 in principal
amount of General Obligation Debt.
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Fund, $459,000 is specifically
appropriated for the purpose of financing the con-
struction of an Advanced Technology Center at
Georgia Institute of Technology, through the issu-
ance of not more than $1,700,000 in principal
amount of General Obligation Debt.
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Fund, $567,000 is specifically
appropriated for the purpose of financing the
expansion of Unicoi State Park through the issu-
ance of not more than $2,100,000 in principal
amount of General Obligation Debt.
Section 47. Energy Conservation.
Budget Unit: Energy Conservation
Program...........................$ 958,143
Total Funds Budgeted.................... $ 1,794,829
State Funds Budgeted......................$ 958,143
Section 48. 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 -
GEORGIA LAWS 1982 SESSION
397
Budget Unit A) and for State mental health/
mental retardation institutions ($5,328,400 -
Budget Unit C) in the Department of Human
Resources. Provided, further, the Office of Plan-
ning and Budget is hereby authorized 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 Ser-
vices from agency fund collections.
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 1982
and thereafter.
Section 50. 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.
398
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 51. 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 52. It is the intent of this General
Assembly that each agency for which an appropri-
ation 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 53. 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
GEORGIA LAWS 1982 SESSION
399
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 54. No State appropriations autho-
rized under this Act shall be used to continue
programs currently funded by 100% Federal
funds.
Section 55. Provided further that no State
funds in this appropriation shall be paid to or on
behalf of Georgia Indigent Legal Services or its
affiliates, nor shall any State facilities be made
available for their use, including but not limited to
the Georgia Interactive Statewide Telecommuni-
cations Network either directly or indirectly.
Section 56. 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-
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
400
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 57. All expenditures and appropri-
ations 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
amendments properly approved by the Director of
the Budget. In those cases in which the aforesaid
Budget Report contains no recommendation by
GEORGIA LAWS 1982 SESSION
401
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 58. 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 59. 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 60. 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
402
GENERAL ACTS AND RESOLUTIONS, VOL. I
and Budget, shall cease to be an obligation of the
State.
Section 60A. An Act providing a supplemen-
tary appropriation for the State Fiscal Year ending
June 30,1982, approved January 19,1982, known
as Act 829, is hereby amended by striking
$16,356,000 from page 1 of said Act in the two
places it appears and inserting in each place
$15,783,003, by striking $1,069,000 from subsec-
tion A of page 1 of said Act and inserting in lieu
thereof $1,041,234, by striking $1,272,000 from
subsection B of page 1 of said Act and inserting in
lieu thereof $1,128,360, by striking $6,320,000
from subsection C of page 1 of said Act in the two
places it appears and inserting in each place
$6,053,141, by striking $3,240,000 from subsec-
tion D of page 1 of said Act and inserting in lieu
thereof $3,183,271, and by striking $4,455,000
from subsection E of page 1 of said Act and insert-
ing in lieu thereof $4,376,997.
Section 61. TOTAL APPROPRIATIONS
F.Y. 1982.............................iu.........
Section 62. This Act shall become effective
upon its approval by the Governor or upon its
becoming law without his approval.
Section 63. 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.
,$3,498,883,445.
GEORGIA LAWS 1982 SESSION
403
Section 3. All laws and parts of laws in
conflict with this Act are repealed.
Approved March 9,1982.
MOTOR VEHICLE CERTIFICATE OF TITLE
ACT AMENDED.
Code Chapter 40-3 Amended.
No. 848 (House Bill No. 1459).
AN ACT
To amend an Act known as the Motor Vehicle Certificate of Title
Act, approved March 3,1961 (Ga. L. 1961, p. 68), as amended, so as
to provide that, with respect to application for first certificate of title,
any application rejected shall be returned to the holder of the first
securtiy interest or lien named in the application or to the owner; to
require the Georgia Bureau of Investigation to inspect certain motor
vehicles; to provide for the issuance of certificates of title to motor
vehicles so inspected; to provide for other matters relative to the
foregoing; to amend the Official Code of Georgia Annotated accord-
ingly; to provide effective dates; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act known as the Motor Vehicle Certificate of
Title Act, approved March 3,1961 (Ga. L. 1961, p. 68), as amended,
is amended by striking Section 13 of said Act in its entirety and
inserting in lieu thereof a new Section 13 to read as follows:
Section 13. Refusing certificate of title, (a) The commissioner
shall refuse issuance of a certificate of title only if any required fee is
not paid or if he has reasonable grounds to believe that:
404
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) The applicant is not the owner of the vehicle;
(2) The application contains a false or fraudulent statement;
(3) The applicant fails to furnish required information or
documents or any additional information the commissioner rea-
sonably requires; or
(4) The registration of the vehicle stands suspended or
revoked for any reason as provided in the motor vehicle laws of
this state.
(b) If the application for first certificate of title is rejected, the
application shall be returned to the holder of the first security
interest or lien named in the application or to the owner.
Section 2. Said Act is further amended by striking Section 20.1
and Section 20.2 of said Act, which 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.
GEORGIA LAWS 1982 SESSION
405
(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.,
and inserting in lieu thereof new Sections 20.1 and 20.2 to read as
follows:
Section 20.1. (a) Upon the receipt of an application for a
certificate of title for a motor vehicle for which the current certificate
of title is marked Salvage pursuant to subsection (e) of Section 20 of
this Act and which has been repaired, the commissioner shall immedi-
ately notify the Georgia Bureau of Investigation of such application.
(b) (1) Upon receipt of such notification from the commis-
sioner, the Georgia Bureau of Investigation shall promptly inspect
each such motor vehicle prior to the issuance of a certificate of
title for the 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,
and verification that the motor vehicle conforms to all safety
equipment standards required by law. The Georgia Bureau of
Investigation shall be authorized to charge an inspection fee of
406
GENERAL ACTS AND RESOLUTIONS, VOL. I
$50.00 for each motor vehicle inspected. In the event a third or
subsequent inspection is required for any one motor vehicle under
this section, the Georgia Bureau of Investigation shall be autho-
rized to charge a fee of $50.00 for the third and each subsequent
inspection. The Georgia Bureau of Investigation shall promptly
notify the commissioner of the results of each inspection.
(2) If, upon inspection by the Georgia Bureau of Invest-
igation, it is determined that the motor vehicle is not in full
compliance with the law, the commissioner shall refuse to issue a
certificate of title until compliance is reached.
(c) (1) Upon inspection by the Georgia Bureau of Invest-
igation, if it is determined that the motor vehicle has been restored
to an operable condition by the replacement of two or more major
component parts, a certificate of title may be issued for such
motor vehicle which shall contain the word Rebuilt on its face in
such manner as the commissioner shall prescribe. This require-
ment will indicate to all subsequent owners of the motor vehicle
that such is a rebuilt motor vehicle.
(2) Upon inspection by the Georgia Bureau of Investigation,
if it is determined that the motor vehicle does not require the
replacement of two or more major components or has not had two
or more major components changed, a certificate of title may be
issued.
(d) Any person, firm, or corporation who rebuilds or repairs a
motor vehicle whose current certificate of title is marked Salvage
shall make application for and obtain a certificate of title as provided
in this section prior to the sale or transfer of said motor vehicle.
Section 20.2. It shall be the duty of the Georgia Bureau of
Investigation to inspect certain motor vehicles prior to the issuance of
certificates of title for such motor vehicles. The director of invest-
igation is hereby authorized to employ such persons as he shall deem
necessary to carry out the provisions of this section.
Part 2
Section 3. Chapter 3 of Title 40 of the Official Code of Georgia
Annotated, relating to certificates of title to motor vehicles and liens,
is amended by striking Code Section 40-3-29 in its entirety and
GEORGIA LAWS 1982 SESSION
407
inserting in lieu thereof a new Code Section 40-3-29 to read as follows:
40-3-29. (a) The commissioner shall refuse issuance of a cer-
tificate of title only if any required fee is not paid or if he has
reasonable grounds to believe that:
(1) The applicant is not the owner of the vehicle;
(2) The application contains a false or fraudulent state-
ment;
(3) The applicant fails to furnish required information or
documents or any additional information the commissioner rea-
sonably requires; or
(4) The registration of the vehicle stands suspended or
revoked for any reason as provided in the motor vehicle laws of
this state.
(b) If the application for first certificate of title is rejected, the
application shall be returned to the holder of the first security
interest or lien named in the application or to the owner.
Section 4. Said chapter is further amended by striking Code
Section 40-3-35.1 and Code Section 40-3-35.2, which read as follows:
40-3-35.1. (a) Upon the receipt of an application for a certifi-
cate of title for a rebuilt motor vehicle, the commissioner shall
immediately notify the Georgia Bureau of Investigation of such
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 such 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 which is inspected by it. The
Georgia Bureau of Investigation shall be authorized to charge a fee
408
GENERAL ACTS AND RESOLUTIONS, VOL. I
of $50.00 for the third and each subsequent inspection, in the
event a third or subsequent inspections are required under this
Code section for any one rebuilt motor vehicle. The Georgia
Bureau of Investigation shall promptly notify the commissioner of
the results of each inspection.
(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 for a rebuilt motor
vehicle shall contain the word rebuilt on the face of the 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 which 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 such motor vehicle prior to any sale or transfer of
such motor vehicle.
(e) Notwithstanding subsections (c) and (d) of this Code section
and Code Section 40-3-35, the legend rebuilt or salvage shall only
be required to be placed on the certificate of title to a vehicle which
was declared a salvage vehicle on or after July 1,1979, and which was
subsequently rebuilt.
40-3-35.2. It shall be the duty of the Georgia Bureau of Invest-
igation to inspect certain rebuilt motor vehicles prior to the issuance
of certificates of title for such motor vehicles. The director of invest-
igation is authorized to employ such persons as he shall deem
necessary to carry out the provisions of this Code section.,
and inserting in lieu thereof new Code Sections 40-3-35.1 and 40-3-
35.2 to read as follows:
40-3-35.1. (a) Upon the receipt of an application for a certifi-
cate of title for a motor vehicle for which the current certificate of title
is marked salvage pursuant to subsection (e) of Code Section 40-3-35
of this chapter and which has been repaired, the commissioner shall
immediately notify the Georgia Bureau of Investigation of such
application.
GEORGIA LAWS 1982 SESSION
409
(b) (1) Upon receipt of such notification from the commis-
sioner, the Georgia Bureau of Investigation shall promptly inspect
each such motor vehicle prior to the issuance of a certificate of
title for the 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,
and verification that the motor vehicle conforms to all safety
equipment standards required by law. The Georgia Bureau of
Investigation shall be authorized to charge an inspection fee of
$50.00 for each motor vehicle inspected. In the event a third or
subsequent inspection is required for any one motor vehicle under
this section, the Georgia Bureau of Investigation shall be autho-
rized to charge a fee of $50.00 for the third and each subsequent
inspection. The Georgia Bureau of Investigation shall promptly
notify the commissioner of the results of each inspection.
(2) If, upon inspection by the Georgia Bureau of Invest-
igation, it is determined that the motor vehicle is not in full
compliance with the law, the commissioner shall refuse to issue a
certificate of title until compliance is reached.
(c) (1) Upon inspection by the Georgia Bureau of Invest-
igation, if it is determined that the motor vehicle has been restored
to an operable condition by the replacement of two or more major
component parts, a certificate of title may be issued for such
motor vehicle which shall contain the word rebuilt on its face in
such manner as the commissioner shall prescribe. This require-
ment will indicate to all subsequent owners of the motor vehicle
that such is a rebuilt motor vehicle.
(2) Upon inspection by the Georgia Bureau of Investigation,
if it is determined that the motor vehicle does not require the
replacement of two or more major components or has not had two
or more major components changed, a certificate of title may be
issued.
(d) Any person, firm, or corporation who rebuilds or repairs a
motor vehicle whose current certificate of title is marked salvage
shall make application for and obtain a certificate of title as provided
in this Code section prior to the sale or transfer of said motor vehicle.
40-3-35.2. It shall be the duty of the Georgia Bureau of Invest-
igation to inspect certain motor vehicles prior to the issuance of
410
GENERAL ACTS AND RESOLUTIONS, VOL. I
certificates of title for such motor vehicles. The director of invest-
igation is authorized to employ such persons as he shall deem
necessary to carry out the provisions of this Code section.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 10,1982.
MOTOR CARRIER DEFINED.
Code Sections 68-502, 46-1-1 Amended.
No. 850 (House Bill No. 1276).
AN ACT
To amend Code Section 68-502, relating to the definition of
certain terms pertaining to the regulation of motor contract carriers,
as amended, so as to provide that the term motor carrier shall not
include motor vehicles engaged in the transportation of feed for
poultry or livestock; to amend the Official Code of Georgia Annotated
accordingly; to provide for effective dates; to repeal conflicting laws;
and for other purposes.
GEORGIA LAWS 1982 SESSION
411
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 68-502, relating to the definition of
certain terms pertaining to the regulation of motor contract carriers,
as amended, is amended by striking paragraph (2) (a) in its entirety
and inserting in lieu thereof a new paragraph (2) (a) to read as follows:
(2) (a) Granite trucks that are transporting from quarry to
finishing plant - not to cross more than two counties and motor
vehicles engaged in the transportation of peanuts in the shell and
peaches, nursery stock, sod grass, potting soil, pine bark nuggets, or
poultry and processed poultry, or dry fertilizer, or flue-cured tobacco,
or corn, soybeans, or soybean meal, or feed for poultry or livestock, or
certain fresh vegetables as follows: cucumbers, tomatoes, beans, green
corn, cabbage, peas, potatoes, cantaloupes, watermelons, okra, and
green peppers, whether such motor vehicles are owned by the pro-
ducer or owner of such commodities and products or by any other
person. Provided, such vehicles do not haul or transport other
commodities not exempt by law from the regulations of the Public
Service Commission.
Part 2
Section 2. Code Section 46-1-1 of the Official Code of Georgia
Annotated, relating to definitions pertaining to the regulation of
motor contract carriers, is amended by striking subparagraph (F) of
paragraph (8) in its entirety and inserting in lieu thereof a new
subparagraph (F) to read as follows:
(F) Motor vehicles engaged in the transportation of peanuts in
the shell, peaches, nursery stock, sod grass, potting soil, pine bark
nuggets, poultry and processed poultry, dry fertilizer, flue-cured
tobacco, corn, soybeans, or soybean meal, or feed for poultry or
livestock, cucumbers, tomatoes, beans, green corn, cabbage, peas,
potatoes, cantaloupes, watermelons, okra, and green peppers,
whether such motor vehicles are owned by the producer or owner of
such commodities and products or by any other person, provided that
such vehicles do not haul or transport other commodities not exempt
by law from the regulations of the commission;.
412
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 11,1982.
GEORGIA PUBLIC SERVICE COMMISSION
DUTIES, POWERS, ETC.
Code Chapter 93-3 Amended.
Code Title 46, Chapter 2 Amended.
No. 851 (House Bill No. 1400).
AN ACT
To amend Code Chapter 93-3, relating to jurisdiction, powers, and
duties of the Public Service Commission, as amended, so as to provide
that a utility regulated by the Public Service Commission which has
25 percent or more of its total generating capacity as oil-fired genera-
tion and operates any electric generating facility which was in the
process of being converted on January 1, 1982, and which will be
converted and in commercial operation as a coal-fired facility on or
before December 31, 1982, after conversion from oil to coal-fired
operation may file with the commission an application to determine
the appropriate rate to recover the cost of conversion and to demon-
strate the fuel cost savings resulting from said conversion; to define
GEORGIA LAWS 1982 SESSION
413
certain terms; to authorize the commission to determine the appro-
priate rate to recover the cost of conversion under certain conditions;
to provide that customers of the utility who formally intervene at any
hearing or proceeding shall be permitted the right to present evi-
dence, subject to cross-examination by all parties; to provide for the
issuance of orders and judicial review; to provide for other matters
relative to the foregoing; to amend the Official Code of Georgia
Annotated accordingly; to provide for effective dates; to repeal con-
flicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 93-3, relating to jurisdiction, powers,
and duties of the Public Service Commission, as amended, is
amended by adding a new Code Section 93-307.5 at the end of said
chapter to read as follows:
93-307.5. (a) A utility regulated by the Public Service Commis-
sion which has 25 percent or more of its total generating capacity as
oil-fired generation and operates any electric generating facility
which was in the process of being converted on January 1,1982, and
which will be converted and in commercial operation as a coal-fired
facility on or before December 31, 1982, after conversion from oil to
coal-fired operation may file with the commission an application to
determine the appropriate rate to recover the cost of conversion and
to demonstrate the fuel cost savings resulting from said conversion.
(b) For the purposes of this section, the following words or terms
shall have the following meanings:
(1) Commission shall mean the Georgia Public Service
Commission.
(2) Coal shall mean coal used as a primary energy source.
(3) Utility shall mean any retail supplier of electricity
subject to the rate-making jurisdiction of the commission.
(4) Fuel cost savings shall mean the amount of fuel savings
to be obtained by operating the facility converted from oil to coal-
fired operation during the facilitys first full twelve months of
414
GENERAL ACTS AND RESOLUTIONS, VOL. I
operation using coal as its primary fuel as compared to the
operation of such facility on oil (had it been so operated) during
the same twelve months period.
(5) (A) Cost of conversion shall mean costs as deter-
mined by the commission to be reasonable and necessary for
the conversion of an oil-burning electric generating facility to
the burning of coal. Such costs shall include, but not be
limited to, engineering, administrative and legal costs, the
cost of environmental studies and control equipment, coal-
handling and storage equipment including rail facilities,
equipment and facilities necessary to permit the combustion
of coal, the cost of retrofiting or refurbishing boilers to permit
the combustion of coal, the cost of on-site and off-site facili-
ties for handling, storing and disposing of wastes resulting
from the combustion of coal, and the cost of all other facilities
reasonable and necessary to allow the conversion of an oil-
burning electric generating facility to burn coal. Such costs
shall also include the reasonable cost of capital for such
conversion and for carrying the cost of such conversion until
such costs are recovered as provided in this section. In no case
shall cost of conversion include any costs incurred pursuant to
an expansion of an electric generating facilitys generating
capacity above the generating capacity of said facility that
existed prior to the conversion from oil to coal.
(B) Cost of conversion shall not include the amount
financed by the company through tax exempt pollution con-
trol bonds, if any, of any portion of the project certified by the
Environmental Protection Division of the Department of
Natural Resources, or other agency vested with similar
authority, to be a Pollution Control facility and therefore
eligible for financing under Section 103 of the Internal Reve-
nue Code of 1954 and the regulations thereunder or other
similar law or regulation now or hereafter adopted.
(c) Any utility meeting the qualifications under subsection (a) of
this section may file with the commission a request to establish an
appropriate adjustment in its rates and charges in order to recover the
costs of conversion of an oil-burning generating facility to coal-fired
operation as provided herein. After receipt of such filing, the commis-
sion shall hold a public hearing to determine the cost of conversion of
the generating facility and the fuel cost savings anticipated. Unless it
GEORGIA LAWS 1982 SESSION
415
is determined by the commission that the cost of conversion will be
less than the projected fuel cost savings accruing to retail customers
over the remaining life of the generating facility, no further action
shall be taken by the commission. Upon making such determination
that the fuel cost savings exceed the cost of conversion, the commis-
sion shall then determine the appropriate rate to recover the cost of
conversion as provided in subsection (d).
(d) In determining the appropriate rate, the commission shall
consider the cost of conversion, and an appropriate period of time,
but not more than seven (7) years, to amortize such cost. The
appropriate rate shall be an amount which is not less than the amount
necessary to amortize the cost of conversion, as herein defined over a
period of not more than seven years on a per kilowatt-hour basis
taking into consideration the estimated kilowatt-hours to be gener-
ated for sale by the utility during the first full twelve months in
operation of the facility. In determining the rate to recover the cost of
conversion, the commission shall permit recovery by the utility of the
cost of conversion net of such federal, state or local taxes based on
revenue and income which may be imposed upon the utility for
receipt of proceeds of the fuel savings allocation which cannot be
reasonably avoided by the utility using due diligence. All revenues
derived through the rate herein provided shall be applied solely to the
cost of conversion of said facility.
(e) The utility shall compute, record and report to the commis-
sion monthly the amount collected under any rate herein authorized
and the amount applied to the cost of conversion and the balance
remaining to be recovered.
(f) Upon recovery by the utility of the cost of conversion as
herein provided, the utility shall no longer charge any rate authorized
to recover the cost of conversion. Upon such termination the utility
shall file with the commission and the Consumers Utility Counsel
within 30 days a report, sworn to by an officer of the utility, that its
fuel-savings-allocation revenues are in compliance with all commis-
sion orders issued pursuant to this section. In the event such revenue
is lesser or greater than the utilitys cost of conversion, the commis-
sion shall make such determinations and issue such orders as are
necessary to result in the full recovery, but no more, of the cost of
conversion.
416
GENERAL ACTS AND RESOLUTIONS, VOL. I
(g) In the event the utility should become entitled, by reason of
the conversion, to any federal or state grant, and receive same, the
commission shall make such determinations and issue such orders as
are necessary to reduce the amount of conversion costs which the
utility would otherwise recover by means of the rate provided herein.
If such grant is received after termination of such adjustment the
utility shall promptly report such receipt and the commission shall
make such determinations and issue such orders as are necessary to
result in the utility receiving no more than the cost of conversion after
taking into account such grant.
(h) Once the utility charges the rate to recover the cost of
conversion, the commission shall not recognize for rate-making pur-
poses any cost of conversion which is recovered by the utility through
the rate provided herein.
(i) At any hearing or any proceeding under this section formal
intervention by customers of the utility shall be permitted. All
commission orders issued pursuant to this section shall be rendered
within 180 days from the date of any filing or the institution of any
proceeding hereunder and shall contain (unless waived by all parties)
the commissions findings of fact and conclusions of law upon which
the commissions action is based. Such order shall be deemed a final
order subject to judicial review under the Georgia Administrative
Procedure Act.
(j) Any recovery of costs of conversion provided or allowed
hereunder shall not affect the recovery of fuel costs provided in Code
Section 93-307.2.
Part 2
Section 2. Article 2 of Chapter 2 of Title 46 of the Official Code
of Georgia Annotated, relating to jurisdiction, powers, and duties of
the Public Service Commission, is amended by adding a new Code
Section 46-2-26.3, immediately following Code Section 46-2-26.2, to
read as follows:
46-2-26.3. (a) A utility regulated by the Public Service Com-
mission which has 25 percent or more of its total generating capacity
as oil-fired generation and operates any electric generating facility
which was in the process of being converted on January 1,1982, and
which will be converted and in commercial operation as a coal-fired
GEORGIA LAWS 1982 SESSION
417
facility on or before December 31,1982, after conversion from oil to
coal-fired operation may file with the commission an application to
determine the appropriate rate to recover the cost of conversion and
to demonstrate the fuel cost savings resulting from said conversion.
(b) For the purposes of this Code section, the following words or
terms shall have the following meanings:
(1) Coal shall mean coal used as a primary energy source.
(2) Commission shall mean the Georgia Public Service
Commission.
(3) (A) Cost of conversion shall mean costs as deter-
mined by the commission to be reasonable and necessary for
the conversion of an oil-burning electric generating facility to
the burning of coal. Such costs shall include, but not be
limited to, engineering, administrative, and legal costs, the
cost of environmental studies and control equipment, coal-
handling and storage equipment, including rail facilities,
equipment and facilities necessary to permit the combustion
of coal, the cost of retrofiting or refurbishing boilers to permit
the combustion of coal, the cost of on-site and off-site facili-
ties for handling, storing, and disposing of wastes resulting
from the combustion of coal, and the cost of all other facilities
reasonable and necessary to allow the conversion of an oil-
burning electric generating facility to burn coal. Such costs
shall also include the reasonable cost of capital for such
conversion and for carrying the cost of such conversion until
such costs are recovered as provided in this Code section. In
no case shall cost of conversion include any costs incurred
pursuant to an expansion of an electric generating facilitys
generating capacity above the generating capacity of said
facility that existed prior to the conversion from oil to coal.
(B) Cost of conversion shall not include the amount
financed by the company through tax exempt pollution con-
trol bonds, if any, of any portion of the project certified by the
Environmental Protection Division of the Department of
Natural Resources, or other agency vested with similar
authority, to be a pollution control facility and therefore
eligible for financing under Section 103 of the Internal Reve-
418
GENERAL ACTS AND RESOLUTIONS, VOL. I
nue Code of 1954 and the regulations thereunder or other
similar law or regulation now or hereafter adopted.
(4) Fuel cost savings shall mean the amount of fuel savings
to be obtained by operating the facility converted from oil to coal-
fired operation during the facilitys first full 12 months of opera-
tion using coal as its primary fuel as compared to the operation of
such facility on oil, had it been so operated, during the same 12
month period.
(5) Utility shall mean any retail supplier of electricity
subject to the rate-making jurisdiction of the commission.
(c) Any utility meeting the qualifications under subsection (a) of
this Code section may file with the commission a request to establish
an appropriate adjustment in its rates and charges in order to recover
the costs of conversion of an oil-burning generating facility to coal-
fired operation as provided herein. After receipt of such filing, the
commission shall hold a public hearing to determine the cost of
conversion of the generating facility and the fuel cost savings antici-
pated. Unless it is determined by the commission that the cost of
conversion will be less than the projected fuel cost savings accruing to
retail customers over the remaining life of the generating facility, no
further action shall be taken by the commission. Upon making such
determination that the fuel cost savings exceed the cost of conversion,
the commission shall then determine the appropriate rate to recover
the cost of conversion as provided in subsection (d).
(d) In determining the appropriate rate, the commission shall
consider the cost of conversion, and an appropriate period of time,
but not more than seven years, to amortize such cost. The appropri-
ate rate shall be an amount which is not less than the amount
necessary to amortize the cost of conversion, as herein defined over a
period of not more than seven years on a per kilowatt-hour basis
taking into consideration the estimated kilowatt hours to be gener-
ated for sale by the utility during the first full 12 months in operation
of the facility. In determining the rate to recover the cost of
conversion, the commission shall permit recovery by the utility of the
cost of conversion net of such federal, state, or local taxes based on
revenue and income which may be imposed upon the utility for
receipt of proceeds of the fuel-savings-allocation which cannot be
reasonably avoided by the utility using due diligence. All revenues
derived through the rate herein provided shall be applied solely to the
cost of conversion of said facility.
GEORGIA LAWS 1982 SESSION
419
(e) The utility shall compute, record, and report to the commis-
sion monthly the amount collected under any rate herein authorized
and the amount applied to the cost of conversion and the balance
remaining to be recovered.
(f) Upon recovery by the utility of the cost of conversion as
herein provided, the utility shall no longer charge any rate authorized
to recover the cost of conversion. Upon such termination, the utility
shall file a report with the commission and the Consumers Utility
Counsel within 30 days, sworn to by an officer of the utility, that its
fuel-savings-allocation revenues are in compliance with all commis-
sion orders issued pursuant to this Code section. In the event such
revenue is lesser or greater than the utilitys cost of conversion, the
commission shall make such determinations and issue such orders as
are necessary to result in the full recovery, but no more, of the cost of
conversion.
(g) In the event the utility should become entitled, by reason of
the conversion, to any federal or state grant and receive same, the
commission shall make such determinations and issue such orders as
are necessary to reduce the amount of conversion costs which the
utility would otherwise recover by means of the rate provided herein.
If such grant is received after termination of such adjustment, the
utility shall promptly report such receipt and the commission shall
make such determinations and issue such orders as are necessary to
result in the utility receiving no more than the cost of conversion after
taking into account such grant.
(h) Once the utility charges the rate to recover the cost of
conversion, the commission shall not recognize for rate-making pur-
poses any cost of conversion which are recovered by the utility
through the rate provided herein.
(i) At any hearing or any proceeding under this Code section
formal intervention by customers of the utility shall be permitted. All
commission orders issued pursuant to this Code section shall be
rendered within 180 days from the date of any filing or the institution
of any proceeding hereunder and shall contain, unless waived by all
parties, the commissions findings of fact and conclusions of law upon
which the commissions action is based. Such order shall be deemed a
final order subject to judicial review under Chapter 13 of Title 50
known as the Georgia Administrative Procedure Act.
420
GENERAL ACTS AND RESOLUTIONS, VOL. I
(j) Any recovery of costs of conversion provided or allowed
hereunder shall not affect the recovery of fuel costs provided in Code
Section 46-2-26.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 11,1982.
INTEREST AND USURY INTEREST ON
UNPAID INTEREST.
Code Sections 57-109, 7-4-17 Amended.
No. 852 (House Bill No. 1447).
AN ACT
To amend Code Section 57-109, relating to the prohibition per-
taining to the payment of interest on unpaid interest, so as to provide
that interest may be charged on unpaid interest under certain condi-
tions; to amend the Official Code of Georgia Annotated accordingly;
to provide for effective dates; to repeal conflicting laws; and for other
purposes.
GEORGIA LAWS 1982 SESSION
421
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 57-109, relating to the prohibition
pertaining to the payment of interest on unpaid interest, is amended
by striking said Code section in its entirety and inserting in lieu
thereof a new Code Section 57-109 to read as follows:
57-109. When a payment is made upon any debt, it shall be
applied first to the discharge of any interest due at the time, and the
balance, if any, to the reduction of the principal. If the payment does
not extinguish the interest then due, no interest shall be calculated on
such balance of interest, but only on the principal amount up to the
time of the next payment. Notwithstanding the foregoing restrictions
against charging interest on unpaid interest, on loans having first
priority on real estate, the parties by written contract may lawfully
agree that unpaid interest when due shall be added to the unpaid
principal balance of the indebtedness and that the increased principal
balance of the indebtedness bear interest pursuant to the terms of the
contract.
Part 2
Section 2. Code Section 7-4-17 of the Official Code of Georgia
Annotated, relating to the prohibition pertaining to the payment of
interest on unpaid interest, is amended by striking said Code section
in its entirety and inserting in lieu thereof a new Code Section 7-4-17
to read as follows:
7-4-17. When a payment is made upon any debt, it shall be
applied first to the discharge of any interest due at the time, and the
balance, if any, shall be applied to the reduction of the principal. If
the payment does not extinguish the interest then due, no interest
shall be calculated on such balance of interest and interest shall be
calculated only on the principal amount up to the time of the next
payment. Notwithstanding the foregoing restrictions against charg-
ing interest on unpaid interest, on loans having first priority on real
estate, the parties by written contract may lawfully agree that unpaid
interest when due shall be added to the unpaid principal balance of
the indebtedness and that the increased principal balance of the
indebtedness bear interest pursuant to the terms of the contract.
422
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 11,1982.
MOTOR VEHICLES LICENSE FEES AND TAGS.
Code Sections 91A-5303.1, 48-10-3.1 Enacted.
No. 854 (House Bill No. 1557).
AN ACT
To amend Code Chapter 91A-53, relating to motor vehicle license
fees and tags, so as to provide for temporary registration permits; to
provide for definitions; to provide for the application for temporary
registration permits; to provide for fees; to provide for limitations on
the use of such permits; to provide for renewals; to provide for
procedures; to provide for limitations on the issuance of such permits;
to provide that it shall be unlawful to violate certain limitations; to
provide for a penalty; to amend the Official Code of Georgia Anno-
tated accordingly; to provide effective dates; to repeal conflicting
laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
423
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 91A-53, relating to motor vehicle
license fees and tags, is amended by adding between Code Section
91A-5303 and Code Section 91A-5304 a new Code Section 91A-5303.1
to read as follows:
91A-5303.1. (a) As used in this Code section, the term:
(1) Vehicle means any vehicle which is required by the
motor vehicle registration laws of this state to be registered prior
to being operated on the highways of this state.
(b) The commissioner may, upon written application, issue a
temporary registration permit to the owner of any vehicle which does
not have a valid motor vehicle registration. Such temporary registra-
tion permit shall authorize the vehicle to be operated on the highways
of this state subject to the limitations contained in such permit.
(c) The owner of the vehicle shall make application to the
commissioner or his duly authorized agent for a temporary registra-
tion permit on such forms as the commissioner shall prescribe. Each
application shall be accompanied by a registration fee as prescribed
by the commissioner for each vehicle for which an application is
submitted.
(d) The temporary registration permit shall be valid for one
vehicle and shall be valid for a period of 30 days from the date of issue.
Upon application and payment of an additional fee of $10.00, tempo-
rary registration permits may be renewed for 30 day periods; however,
no permit shall be renewed more than three times during any 12
month period.
(e) The procedures for application and issuance of temporary
registration permits and the disposition of fees shall be the same as
for other motor vehicles registered in this state. Compliance with this
Code section shall be deemed to be compliance with the motor vehicle
registration requirements of this state.
(f) Any owner who has been convicted of operating a vehicle in
violation of the motor vehicle registration laws of this state shall not
424
GENERAL ACTS AND RESOLUTIONS, VOL. I
be eligible to receive a temporary registration permit as authorized by
this Code section for a period of 12 months from the date of convic-
tion.
(g) The violation of any limitation contained in a temporary
registration permit shall constitute misdemeanor.
Part 2
Section 2. Chapter 10 of Title 48 of the Official Code of Georgia
Annotated, relating to motor vehicle license fees and plates, is
amended by adding between Code Section 48-10-3 and Code Section
48-10-4 a new Code Section 48-10-3.1 to read as follows:
48-10-3.1. (a) As used in this Code section, the term:
(1) Vehicle means any vehicle which is required by the
motor vehicle registration laws of this state to be registered prior
to being operated on the highways of this state.
(b) The commissioner may, upon written application, issue a
temporary registration permit to the owner of any vehicle which does
not have a valid motor vehicle registration. Such temporary registra-
tion permit shall authorize the vehicle to be operated on the highways
of this state subject to the limitations contained in such permit.
(c) The owner of the vehicle shall make application to the
commissioner or his duly authorized agent for a temporary registra-
tion permit on such forms as the commissioner shall prescribe. Each
application shall be accompanied by a registration fee of $10.00 for
each vehicle for which an application is submitted.
(d) The temporary registration permit shall be valid for one
vehicle and shall be valid for a period of 30 days from the date of issue.
Upon application and payment of an additional fee of $10.00, tempo-
rary registration permits may be renewed for 30 day periods; however,
no permit shall be renewed more than three times during any 12
month period.
(e) The procedures for application and issuance of temporary
registration permits and the disposition of fees shall be the same as
for other motor vehicles registered in this state. Compliance with this
Code section shall be deemed to be compliance with the motor vehicle
registration requirements of this state.
GEORGIA LAWS 1982 SESSION
425
(f) Any owner who has been convicted of operating a vehicle in
violation of the motor vehicle registration laws of this state shall not
be eligible to receive a temporary registration permit as authorized by
this Code section for a period of 12 months from the date of convic-
tion.
(g) The violation of any limitation contained in a temporary
registration permit shall constitute misdemeanor.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 11,1982.
SHERIFFS INVESTIGATIONS,
SUSPENSIONS, ETC.
Code Section 15-16-26 Amended.
No. 856 (House Bill No. 1345).
AN ACT
To amend Chapter 16 of Title 15 of the Official Code of Georgia
Annotated, relating to sheriffs, so as to change the provisions relating
426
GENERAL ACTS AND RESOLUTIONS, VOL. I
to the investigation of charges against sheriffs; to provide procedures
for suspending sheriffs under certain circumstances; to provide for
the appointment of a person to assume the duties and responsibilities
of the office of sheriff during any period of suspension; to provide for
the filing of removal petitions against sheriffs; 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. Chapter 16 of Title 15 of the Official Code of Georgia
Annotated, relating to sheriffs, is amended by striking Code Section
15-16-26 in its entirety and inserting in lieu thereof a new Code
Section 15-16-26 to read as follows:
15-16-26. (a) Whenever the Governor determines that an
investigation of a sheriff of this state should be made as a result of
criminal charges, alleged misconduct in office, or alleged incapacity of
the sheriff to perform the functions of his office, he shall appoint two
sheriffs who are members of the Georgia Sheriffs Association who,
along with the Attorney General, shall constitute a committee to
conduct an investigation. Such sheriffs may be from any two counties
in the state other than the county of the sheriff under investigation.
The members of any such committee shall receive no compensation
for their services but shall be reimbursed for any expenses incurred in
connection with an investigation. The funds necessary to conduct an
investigation shall come from the funds appropriated to the executive
branch of state government.
(b) Any member of the committee shall be authorized to admin-
ister oaths to any witness before the committee. The committee shall
make a report of its investigation to the Governor within 30 days from
the date of the appointment of both sheriff members by the Governor.
(c) If the committee recommends the suspension of the sheriff,
the Governor shall be authorized to suspend the sheriff for a period of
up to 60 days. In any case where a sheriff has been suspended for 60
days, the Governor may extend the period of suspension for an
additional 30 days. Upon such recommendation, the Governor shall
also be authorized to request the district attorney of the county of the
sheriffs residence to bring a removal petition against the sheriff
pursuant to subsection (b) of Code Section 15-16-10 and Code Section
15-6-82 based upon the evidence reported by the committee. In the
GEORGIA LAWS 1982 SESSION
427
event that the Governor determines that further investigation should
be made, he may then order additional investigation by the commit-
tee, by the Georgia Bureau of Investigation, by other law enforcement
agencies of this state, or by any special committee appointed by the
Governor for such purpose.
(d) The chief judge of the superior court of the county of the
sheriffs residence shall appoint a person who meets the qualifications
for sheriffs pursuant to Code Section 15-16-1 to assume the duties
and responsibilities of the office of sheriff during any period of
suspension.
(e) Upon a sheriff being convicted of a felony in any court of this
state or convicted of a crime under the laws of the United States or
any other state in any court, which crime would be considered a felony
if committed within the State of Georgia, the district attorney of the
county of the sheriffs residence shall be required to bring a removal
petition against such sheriff immediately. If the sheriff fails to appeal
such conviction, a vacancy shall be declared in such office immedi-
ately upon the removal of the sheriff. If the sheriff appeals such
conviction, the chief judge of the superior court of the county of the
sheriffs residence shall appoint a person who meets the qualifications
for sheriffs pursuant to Code Section 15-16-1 to assume the duties
and responsibilities of the office of sheriff on a temporary basis until
all appeals of such conviction are exhausted by the sheriff or until the
expiration of the sheriffs term of office, whichever event occurs first.
After all appeals have been exhausted, if the conviction of the sheriff
has been upheld, the probate court shall declare a vacancy in such
office to be filled as provided by law. Any sheriff removed from office
as provided in this subsection who has his conviction nullified,
reversed, or set aside on appeal and who has time remaining in his
term of office to which elected shall be automatically reinstated in
office for the remainder of his unexpired term.
(f) The remedy provided by this Code section is intended to be
cumulative of other remedies available on the subject and is not
intended to repeal such remedies.
Section 2. This Act shall become effective November 1,1982.
428
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1982.
ATLANTIC JUDICIAL CIRCUIT
ADDITIONAL JUDGE.
Code Section 15-6-2 Amended.
No. 860 (Senate Bill No. 625).
AN ACT
To provide for an additional judge of the superior court of the
Atlantic Judicial Circuit; to provide for the election of such judge and
of his successors; to provide for terms; to prescribe the powers of said
judge; to prescribe the compensation and allowances of said judge; to
amend Code Section 15-6-2 of the Official Code of Georgia Anno-
tated, relating to the number of superior court judges for each of the
judicial circuits, so as to provide for an additional judge of the
superior court of the Atlantic Judicial Circuit; to provide effective
dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Under and in accordance with the provisions of
Article VI, Section III, Paragraph I of the Constitution, a new judge of
the superior courts is added to the Atlantic Judicial Circuit, thereby
increasing to three the number of judges of said circuit.
Section 2. Such additional judge shall be elected in a manner
provided by law for the election of judges of the superior courts of this
state at the general election in November, 1982, for a term of four
years beginning on January 1, 1983, and until the election and
GEORGIA LAWS 1982 SESSION
429
qualification of a successor. Future successors shall be elected at the
general election each four years thereafter for terms of four years and
until the election and qualification of a successor. They shall take
office on the first day of January following the date of the election.
Such elections shall be held and conducted in a manner provided by
law for the election of judges of the superior courts of this state.
Section 3. Said additional judge shall have and may exercise all
powers, duties, dignity, jurisdiction, privileges, and immunities of the
present judges of the superior courts of this state. Any of the three
judges of the superior courts of said circuit may preside over any case
therein and perform any official act as judge thereof.
Section 4. The compensation, salary, and contingent expense
allowance of said additional judge shall be the same as that of the
other judges of the superior court of the Atlantic Judicial Circuit.
Part 2
Section 5. Chapter 6 of Title 15 of the Official Code of Georgia
Annotated, relating to superior courts, is amended by striking para-
graph (4) of subsection (a) of Code Section 15-6-2 in its entirety and
inserting in lieu thereof a new paragraph (4) to read as follows:
(4) Atlantic Circuit..................................3
Part 3
Section 6. (a) Part 1 of this Act shall become effective upon its
approval by the Governor or upon its becoming law without his
approval.
(b) Part 2 of this Act shall become effective on November 1,
1982.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 24,1982.
430
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA BOARD OF ATHLETIC TRAINERS
ACT AMENDED.
Code Title 43 of Official Code Amended.
No. 861 (Senate Bill No. 681).
AN ACT
To amend an Act creating the Georgia Board of Athletic Trainers,
approved March 30,1977 (Ga. L. 1977, p. 1123), as amended, so as to
continue the board and the laws relating thereto until June 30,1983;
to provide for the termination of such board and the repeal of the laws
relating thereto; to amend Title 43 of the Official Code of Georgia
Annotated, relating to professions and businesses, so as to provide for
the same changes mentioned above; to provide for performance
audits; to provide for responses to certain performance audits; to
provide for additional procedures relating thereto; to provide effec-
tive dates; to provide for the automatic repeal of certain provisions of
this Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act creating the Georgia Board of Athletic
Trainers, approved March 30, 1977 (Ga. L. 1977, p. 1123), as
amended, is amended by adding at the end of Section 2 a new
subsection (e) to read as follows:
(e) Pursuant to Section 9 of The Act Providing for the Review,
Continuation, Reestablishment or Termination of Regulatory Agen-
cies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or
hereafter amended, the Georgia Board of Athletic Trainers and the
laws relating thereto are hereby continued until June 30, 1983, at
which time the board shall be terminated. Upon its termination, the
board shall continue in existence until July 1 of the next succeeding
year for the purpose of concluding its affairs and activities. During
that termination period, the powers or authority of the board shall
not be reduced or otherwise limited. The laws relative to the board
shall be continued in effect for the duration of the termination period
only for the purpose of concluding its affairs. As of the last day of the
termination period, the laws relative to the board shall stand repealed
GEORGIA LAWS 1982 SESSION
431
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.
Part 2
Section 2. Title 43 of the Official Code of Georgia Annotated,
relating to professions and businesses, is amended by striking from
Code Section 43-5-15 the following:
March 30,1982,
and inserting in lieu thereof the following:
June 30,1983,
so that when so amended Code Section 43-5-15 shall read as follows:
43-5-15. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the Georgia Board of Athletic Train-
ers shall be terminated on June 30, 1983, and this chapter and any
other laws relating to such board shall be repealed in their entirety
effective on the date specified in Code Section 43-2-8.
Section 3. Said Title 43 is further amended by striking in its
entirety Code Section 43-2-6, relating to performance audits of regu-
latory agencies scheduled for termination, and inserting in its place
the following:
43-2-6. (a) The state auditor shall conduct a performance audit
of each regulatory agency at least once within six years from the date
of the last performance audit conducted or, if the agency was estab-
lished after January 1,1980, at least once within six years from the
date of its establishment, and thereafter once every six years from the
date of the last such performance audit. This audit shall include,
without being limited to, a summary listing of the audit findings and a
determination regarding each finding as to whether the regulatory
agency, the joint-secretary, or both, or some other entity exercises
major responsibilities in the area relating to the finding. The perfor-
mance audit shall be completed by the first day of October during the
year such audit is conducted.
432
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) A copy of each performance audit conducted pursuant to
subsection (a) of this Code section shall be submitted, within 15 days
after completion, to:
(1) Each member of the Senate and House standing com-
mittees to which the regulatory agency has been assigned for
review under this chapter;
(2) The presiding officers of the Senate and House of Repre-
sentatives;
(3) The Governor, the Attorney General, and the legislative
counsel;
(4) The chairperson of the audited regulatory agency; and
(5) The joint-secretary.
(c) Within 30 days after submission of the performance audit,
the regulatory agency and the joint-secretary shall each submit a
written response as to each audit finding in those areas in which that
agency or joint-secretary has been determined by the audit to exercise
major responsibilities. Such response shall include, without being
limited to, the following:
(1) Whether or not the agency or joint-secretary agrees with
that finding and the reasons therefor;
(2) What steps have been or will be taken to address each
issue raised in each finding, whether the steps are regulatory or
proposed statutory changes, and the proposed effective date of
any such regulatory changes; and
(3) If no steps have been or will be taken to address any
issue raised in the finding, the reasons therefor.
(d) No later than February 15 immediately following the sub-
mission of a written response under subsection (c) of this Code
section, at the request of a standing committee assigned review, that
response shall be updated and resubmitted by the joint-secretary and
audited regulatory agency.
GEORGIA LAWS 1982 SESSION
433
(e) Responses required by subsections (c) and (d) of this Code
section shall be submitted to those persons designated in paragraphs
(1), (2), and (3) of subsection (b) of this Code section to receive copies
of performance audits.
(f) The response of a regulatory agency in addressing or failing
to address issues raised in the audit finding, in those areas in which
that agency has been determined to exercise major responsibilities,
shall be a major consideration regarding the decision by any standing
committee concerning its recommendation as to the continuation,
termination, or reestablishment of that regulatory agency. The
report of such committee regarding such recommendation shall
include a specific finding as to whether or not the regulatory agency in
question has evidenced good faith efforts to address those issues
raised in the performance audit.
(g) (1) Any Senate or House standing committee may request
at any time, in writing, the state auditor to conduct a performance
audit of any agency assigned to the committee for review or may
request, in writing, the regulatory agency and the joint-secretary
to submit a written response to the last performance audit of that
agency conducted by the state auditor.
(2) If a performance audit is requested by a standing com-
mittee within the time limits provided in subsection (a) of this
Code section, it shall be deemed to satisfy the requirement for the
performance audit provided in subsection (a) of this Code sec-
tion.
Part 3
Section 4. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
434
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 24,1982.
COBB JUDICIAL CIRCUIT
ADDITIONAL JUDGE.
Code Section 15-6-2 Amended.
No. 862 (House Bill No. 1087).
AN ACT
To amend Code Section 15-6-2 of the Official Code of Georgia
Annotated, relating to numbers of superior court judges for each
judicial circuit, so as to increase to five the number of judges for the
Cobb Judicial Circuit; to provide for the election and term of such
judge; to provide for the compensation, salary, and expense allowance
of said judge to be paid by the State of Georgia and the counties
comprising said circuit; to authorize the judges of said court to divide
and allocate the work and duties thereof; to provide for an additional
court reporter for said circuit; to declare inherent authority; to
provide effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 15-6-2, relating to numbers of superior
court judges for each judicial circuit, is amended by striking para-
graph (11) and inserting in its place a new paragraph to read as
follows:
(11) Cobb Circuit..................................... 5.
Section 2. The number of superior court judges of the Cobb
Judicial Circuit is increased from four to five. Said additional judge
GEORGIA LAWS 1982 SESSION
435
shall be elected at the general election held in November, 1982, for a
term of four years beginning on January 1, 1983, and until his
successor is elected and qualified.
Section 3. The qualifications of such additional judge and his
successors shall be the same as are now provided by law for all other
superior court judges, and his compensation, salary, and expense
allowance from the State of Georgia and from the counties of such
circuit shall be the same as that of the other judges of the superior
courts of the Cobb Judicial Circuit. The provisions, if any, heretofore
enacted for the supplementation by the counties of said circuit of the
salary of the judge of the superior courts of the Cobb Judicial Circuit
shall also be applicable to the additional judge provided for by this
Act.
Section 4. The five judges of the superior courts of the Cobb
Judicial Circuit of Georgia in transacting the business of said courts
and in performing their duties and responsibilities shall share, divide,
and allocate the work and duties to be performed by each. In the
event of any disagreement between said judges in any respect 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 appoint
the judge of the juvenile court as provided by law. The five judges of
the superior courts of the Cobb Judicial Circuit shall have and they
are hereby clothed with full power, authority, and discretion to
determine from time to time, and term to term, the manner of calling
the dockets or fixing the calendars and order of business in said
courts. They may assign to one or more of said judges the hearing of
trials by jury for a term, and the hearing of all other matters not
requiring a trial by a jury to one or more of the other judges, and they
may rotate such order of business at the next term. They may
conduct trials by jury at the same time in the same county or
otherwise within said circuit, or they may hear chambers business and
motion business at the same time at any place within said circuit.
They may provide in all respects for holding the superior courts of
said circuit so as to facilitate the hearing and determination of all the
business of said courts at any time pending and ready for trial or
hearing. In all such matters relating to the manner of fixing,
arranging for, and disposing of the business of said courts, and
making appointments as authorized by law where the judges thereof
cannot agree or shall differ, the opinion or order of the chief judge as
hereinbefore defined shall control.
436
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. The five judges of the Cobb Judicial Circuit shall be
authorized and empowered to appoint an additional court reporter
for such circuit, whose compensation shall be as now or hereafter
provided by law.
Section 6. 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 7. Section 1 of this Act shall become effective January 1,
1983. The other provisions of this Act shall become effective upon its
approval by the Governor or upon its otherwise becoming law without
his approval.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 24,1982.
GWINNETT JUDICIAL CIRCUIT
ADDITIONAL JUDGE.
Code Title 15 of Official Code Amended.
No. 863 (House Bill No. 1172).
AN ACT
To amend Chapter 6 of Title 15 of the Official Code of Georgia
Annotated, relating to superior courts, so as to increase to four the
number of judges of the superior courts of the Gwinnett Judicial
Circuit; to provide for the initial appointment of such additional
judge by the Governor; to provide for the initial term of office of such
judge; to provide an effective date; to repeal conflicting laws; and for
other purposes.
GEORGIA LAWS 1982 SESSION
437
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 6 of Title 15 of the Official Code of Georgia
Annotated, relating to superior courts, is amended by striking para-
graph (20) of Code Section 15-6-2 in its entirety and inserting in lieu
thereof a new paragraph (20) to read as follows:
(20) Gwinnett Circuit.................................... 4
Section 2. Said additional judge shall be appointed by the
Governor prior to December 1, 1982, for an initial term of office
beginning December 1, 1982, and continuing through December 31,
1984, and until his successor is elected and qualified.
Section 3. This Act shall become effective on November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 24,1982.
ELECTIONS SUPERINTENDENTS DUTIES
TO FURNISH COPIES OF RECORDS, ETC.
Code Sections 34-403, 21-2-72 Amended.
No. 864 (House Bill No. 1302).
AN ACT
To amend Code Chapter 34-4, relating to election superinten-
dents, so as to require the superintendent to furnish copies of certain
records to the public under certain conditions; to provide for related
matters; to amend the Official Code of Georgia Annotated accord-
ingly; to provide effective dates; to repeal conflicting laws; and for
other purposes.
438
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 34-4, relating to election superinten-
dents, is amended by striking Code Section 34-403 in its entirety and
substituting in lieu thereof a new Code Section 34-403 to read as
follows:
34-403. Except when otherwise provided by law, the primary and
election records of each superintendent, including nomination peti-
tions, affidavits, certificates, tally papers, returns, accounts, con-
tracts, reports and other documents in his custody, except the con-
tents of voting machines, shall be open to public inspection and may
be inspected and copied by any elector of the county during usual
business hours at any time when they are not necessarily being used
by the superintendent, or his employees having duties to perform in
reference thereto; provided, however, that such public inspection
thereof shall only be in the presence of the superintendent, or his
employee, and shall be subject to proper regulation for the safekeep-
ing of such documents, and subject to the further provisions of this
Code. The superintendent shall also, upon request, if photocopying
equipment is available in the building in which the records are
housed, make and furnish to any member of the public copies of any
of such records upon payment of the actual cost of copying the
records requested.
Part 2
Section 2. Part 3 of Article 2 of Chapter 2 of Title 21 of the
Official Code of Georgia Annotated, relating to election superinten-
dents, is amended by striking Code Section 21-2-72 in its entirety and
substituting in lieu thereof a new Code Section 21-2-72 to read as
follows:
21-2-72. Except when otherwise provided by law, the primary
and election records of each superintendent, including nomination
petitions, affidavits, certificates, tally papers, returns, accounts, con-
tracts, reports, and other documents in his custody,'except the
contents of voting machines, shall be open to public inspection and
may be inspected and copied by any elector of the county during usual
business hours at any time when they are not necessarily being used
by the superintendent or his employees having duties to perform in
GEORGIA LAWS 1982 SESSION
439
reference thereto; provided, however, that such public inspection
shall only be in the presence of the superintendent or his employee
and shall be subject to proper regulation for the safekeeping of such
documents and subject to the further provisions of this chapter. The
superintendent shall also, upon request, if photocopying equipment is
available in the building in which the records are housed, make and
furnish to any member of the public copies of any of such records
upon payment of the actual cost of copying the records requested.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 24,1982.
ROCKDALE JUDICIAL CIRCUIT CREATED.
Code Section 15-6-1 Amended.
No. 865 (House Bill No. 1359).
AN ACT
To create a new judicial circuit for the State of Georgia, to be
known as the Rockdale Judicial Circuit, to be composed of tbe County
of Rockdale; to provide for a judge of the superior court and a district
440
GENERAL ACTS AND RESOLUTIONS, VOL. I
attorney for said circuit; to provide for the election and terms of office
of the initial judge and district attorney; to provide for the transfer of
proceedings to said circuit; to provide for other matters relative to the
foregoing; to amend the Official Code of Georgia Annotated accord-
ingly; to provide for effective dates; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Effective January 1, 1983, there is created a new
judicial circuit of the superior courts of this state, to be known as the
Rockdale Judicial Circuit, which circuit shall be composed of the
County of Rockdale. The offices of the judge of the superior court and
district attorney of the Rockdale Judicial Circuit are created for said
circuit. The initial judge and district attorney shall be elected at the
November general election in 1982 and shall take office on January 1,
1983, for a term of office of four years each and until their respective
successors are elected and qualified.
Section 2. All proceedings and litigations, civil, equitable, and
criminal, pending in the Superior Court of Rockdale County at such
time as it was a part of the Stone Mountain Judicial Circuit, including
all complaints, pleadings, petitions, indictments, special present-
ments, summonses, processes, motions, writs, mesne and fined pro-
ceedings, together with all books and records of any kind or character
belonging to, issued, returnable, filed, pending, or commenced in such
county, shall relate to, become a part of, and be transferred to the
Superior Court of the Rockdale Judicial Circuit and its jurisdiction
when said circuit comes into existence.
Part 2
Section 3. Chapter 6 of Title 15 of the Official Code of Georgia
Annotated, relating to superior courts, is amended by adding a new
subsection (c) at the end of Code Section 15-6-1 to read as follows:
(c) Effective January 1,1983, there is created a judicial circuit
to be known as the Rockdale Judicial Circuit, composed of the County
of Rockdale. On January 1, 1983, the County of Rockdale shall be
deleted from paragraph (37) of subsection (a) of this Code section.
GEORGIA LAWS 1982 SESSION
441
Section 4. Said chapter is further amended by adding a new
subsection (c) at the end of Code Section 15-6-2 to read as follows:
(c) Effective January 1, 1983, there is created the Rockdale
Circuit which shall have one judge.
Section 5. Said chapter is further amended by adding a new
subsection (c) at the end of Code Section 15-6-3 to read as follows:
(c) Effective January 1, 1983, there is created the Rockdale
Circuit, consisting of Rockdale County, which shall have the following
terms of court: the first Monday in January, April, July, and October.
On January 1, 1983, subparagraph (a)(37)(B) of this Code section
shall stand repealed.
Part 3
Section 6. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective February 1,
1983.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 24,1982.
442
GENERAL ACTS AND RESOLUTIONS, VOL. I
ELECTIONS VOTER REGISTRATION PLACES.
Code Sections 34-610, 21-2-218 Amended.
No. 866 (House Bill No. 1410).
AN ACT
To amend Code Section 34-610, relating to the location of main
office of board of registrars and registration of electors at main office
and at other designated locations, as amended, particularly by an Act
approved March 14,1978 (Ga. L. 1978, p. 1004), so as to provide that
certain places open to and frequented by the general public shall be
deemed as appropriate permanent or temporary voter registration
places; to amend the Official Code of Georgia Annotated accordingly;
to provide effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 34-610, relating to the location of main
office of board of registrars and registration of electors at main office
and at other designated locations, as amended, particularly by an Act
approved March 14, 1978 (Ga. L. 1978, p. 1004), is amended by
striking subsection (d.l), which reads as follows:
(d.l) All voter registration places shall be places open to the
general public and frequented by the general public.,
in its entirety and inserting in lieu thereof a new subsection (d.l) to
read as follows:
(d.l) All voter registration places shall be places open to the
general public and frequented by the general public. Such places for
temporary or permanent voter registration may include, but shall not
be limited to, any of the following: churches, governmentally funded
and managed public housing facilities, public social agencies, public
child care centers, public recreation centers, public buildings, and
shopping centers, multi-family apartment complexes, child care cen-
ters and educational facilities; provided that such places fire in fact
open to and frequented by the general public.
GEORGIA LAWS 1982 SESSION
443
Part 2
Section 2. Code Section 21-2-218 of the Official Code of Georgia
Annotated, relating to the location of main office of board of
registrars and registration of electors at main office and at other
designated locations, is amended by striking subsection (f) of said
Code section in its entirety and inserting in lieu thereof a new
subsection (f) to read as follows:
(f) All voter registration places shall be places open to the
general public and frequented by the general public. Such places for
temporary or permanent voter registration may include, but shall not
be limited to, any of the following: churches, governmentally funded
and managed public housing facilities, public social agencies, public
child care centers, public recreation centers, public buildings, and
shopping centers, multi-family apartment complexes, child care cen-
ters and educational facilities, provided that such places are in fact
open to and frequented by the general public.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 24,1982.
444
GENERAL ACTS AND RESOLUTIONS, VOL. I
STATE SENATORIAL DISTRICTS.
Code Section 47-102 Amended.
No. 868 (Senate Bill No. 712).
AN ACT
To amend Code Section 47-102, relating to state senatorial dis-
tricts, as amended, particularly by an Act approved September 10,
1981 (Ga. L. 1981, Ex. Sess., p. 103), so as to change the composition of
certain senatorial districts; to provide a definition; to provide for all
related matters; to provide for the incorporation of the provisions of
this Act into the Official Code of Georgia Annotated; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 47-102, relating to state senatorial
districts, as amended, particularly by an Act approved September 10,
1981 (Ga. L. 1981, Ex. Sess., p. 103), is amended by striking from
subsection (a) of said Code section the descriptions of Senate Dis-
tricts 5,9,22,23,42,43,48,51,54, and 55 and inserting in lieu thereof,
respectively, the following:
District No. 5
DeKalb
Tract 216.01
Tract 216.02
Block Group 1
Blocks 202 through 209
Tracts 217.01, 217.02, 218.02 through
218.04, and 219.01 through 219.03
Tract 220.01
Block Group 1
Blocks 408, 410 through 417, and 431
Tract 220.02
Tract 223.02
Block Groups 1 and 2
GEORGIA LAWS 1982 SESSION
445
District No. 9
Gwinnett
Tracts 503.01 through 503.03, 504.01 through
504.05, 507.01, and 507.02
Tract 507.03
Blocks 204 through 214
Tract 507.04
District No. 22
Richmond
Tract 1
Block Groups 1 through 4
Blocks 501 through 513 and 517
Tracts 2 through 4 and 6 through 15
Tract 16
Block Group 1
Blocks 205 through 211, 213 through
215, and 217
Those parts of Blocks 225 through
228, 230, 231, and 233 inside the
City of Augusta
Block Group 6
Blocks 907 through 909
That part of Block 910 inside the
City of Augusta
Blocks 911 and 912
Tract 101.01
Tract 101.02
Block Groups 1 and 9
Tract 101.03
Blocks 429 through 437
Block Group 9
Tracts 103 and 104
Tract 105.04
Blocks 137 through 149
Tract 105.05
446
GENERAL ACTS AND RESOLUTIONS, VOL. I
Tract 105.07
Block 227
Block Groups 3 through 5
Tract 106
District No. 23
Columbia
Tract 305
Block Groups 4 and 5
Richmond
Tract 1
Blocks 515, 518 through 521, and
525
Tract 16
Blocks 221 through 223
Those parts of Blocks 225 through
228 outside the City of Augusta
Block 229
Those parts of Blocks 230 and 231
outside the City of Augusta
Block 232
That part of Block 233 outside the
City of Augusta
Block 235
Block Groups 3 through 5
That part of Block 910 outside the
City of Augusta
Tract 101.02
Block Groups 3 and 4
Tract 101.03
Blocks 405 through 409, 411 through
419, 426 through 428, and 439
through 444
Block Group 5
Tracts 102.01 and 102.02
Tract 105.04
Blocks 101 through 107, 110 through
112, 114 through 116, 118, 119,
121, and 125 through 127
Block Group 9
Tract 105.06
GEORGIA LAWS 1982 SESSION
447
Tract 105.07
Blocks 207 through 209, 211 through
221, and 228
Tracts 105.08, 105.09, 105.10, 105.11,
107.01, 107.02, 108, 109.01, and
109.02
District No. 42
DeKalb
Tracts 201 through 207
Tract 208
Block Groups 6 and 7
Tracts 209 and 215
Tract 216.02
Blocks 211 through 213, 215, and 216
Tract 216.03
Tract 220.01
Blocks 401 through 407 and 418 through 421
Tracts 220.03, 221, 222, and 223.01
Tract 223.02
Block Group 3
Tracts 224.01 through 224.03, 225, and 226
Tract 237
Blocks 104 through 109
Block Groups 2 through 5
District No. 43
DeKalb
Tract 231.01
Blocks 205 through 207
Block Groups 3 and 4
Blocks 503 through 506, 508, 521, 525, and 536
Tract 231.03
Blocks 103 and 114
Block Group 2
Blocks 511, 512, 515, and 516
Tracts 234.03 through 234.06
Tract 234.07
Blocks 212, 213, 219 through 228, and 230
Block Groups 4 and 5
448
GENERAL ACTS AND RESOLUTIONS, VOL. I
Tracts 235.01 through 235.03, 236, and 238.01
through 238.03
District No. 48
Barrow
Gwinnett
Tracts 501, 502.01, 502.02, 505.01 through
505.05, and 506
Tract 507.03
Block Group 1
Blocks 201 through 203
Block Groups 3 through 8
Tract 507.05
District No. 51
Cherokee
Tracts 901 through 904 and 906
Fannin
Gilmer
Gordon
Pickens
Whitfield
Tract 9905
That part of Block 321 within the Dalton Census
County Division
Tract 9907
Blocks 101 through 105
That part of Block 106 outside the City of
Dalton
Blocks 126 through 130 and 201
Those parts of Blocks 202 and 203 outside the
City of Dalton
Tract 9910
Blocks 101 through 124
That part of Block 125 outside the City of
Dalton
Blocks 126 through 133
Those parts of Blocks 213, 242, 244, and 245
outside the City of Dalton
Blocks 301 through 303
GEORGIA LAWS 1982 SESSION
449
That part of Block 304 outside the City of
Dalton
Blocks 305 through 318
Block Groups 4 and 5
Blocks 601 through 608, 610, 612, and 614
through 618
That part of Block 619 outside the City of
Dalton
Blocks 620 through 628
Those parts of Blocks 703 through 705 outside
the City of Dalton
Tract 9911
Block Groups 2 through 4
District No. 54
Catoosa
Tracts 301 through 305
Tract 306
Blocks 101 through 107, 113 through 117, 119,
120, 122 through 128, and 138
Those parts of Blocks 164, 166, 167, 222, and
223 outside the City of Fort Oglethorpe
Blocks 228, 229, 232, 242, 244, 245, 251, 301
through 303, 305 through 307, 310 through
312, 315, 316, and 320 through 327
That part of Block 338 outside the City of
Fort Oglethorpe
Blocks 339, 340, 342, and 343
Block Group 4
Tract 307
Those parts of Blocks 120, 140, and 154 outside
the City of Fort Oglethorpe
Block 155
That part of Block 156 outside the City of Fort
Oglethorpe
Blocks 157 and 158
Those parts of Blocks 159 and 161 outside the
City of Fort Oglethorpe
Blocks 165 and 166
That part of Block 201 outside the City of Fort
Oglethorpe
Blocks 248 and 252
450
GENERAL ACTS AND RESOLUTIONS, VOL. I
Those parts of Blocks 262, 264, and 271 outside
the City of Fort Oglethorpe
Blocks 272 through 274
Those parts of Blocks 277, 297, and 319 outside
the City of Fort Oglethorpe
Block Group 4
Murray
Whitfield
Tracts 9901 through 9904
Tract 9905
Block Groups 1 and 2
Blocks 301 through 320
That part of Block 321 within the Westside
Census County Division
Block 322
Tract 9906
Tract 9907
That part of Block 106 within the City of Dalton
Blocks 107 through 125 and 131 through 144
Those parts of Blocks 202 and 203 within the
City of Dalton
Blocks 204 through 207 and 209 through 215
Block Group 3
Tracts 9908 and 9909
Tract 9910
That part of Block 125 within the City of Dalton
Blocks 138, 139, and 201 through 212
That part of Block 213 within the City of Dalton
Blocks 214 through 241
That part of Block 242 within the City of Dalton
Block 243
Those parts of Blocks 244 and 245 within the
City of Dalton
Blocks 247 through 250
Those parts of Blocks 304 and 619 within the
City of Dalton
Blocks 701 and 702
Those parts of Blocks 703 through 705 within
the City of Dalton
Blocks 706 and 707
Block Group 8
Tract 9911
Block Group 1
GEORGIA LAWS 1982 SESSION
451
District No. 55
DeKalb
Tract 208
Block Groups 1 through 5
Tracts 227 through 230
Tract 231.01
Block Group 1
Blocks 204, 208, 509, 511, 513 through 520,
522 through 524, and 535
Tract 231.02
Tract 231.03
Blocks 101, 106 through 109, 112, 115 through
122, and 303 through 324
Block Group 4
Blocks 501 through 504, 506 through 510, and 514
Tracts 231.04, 232.01 through 232.03, and 233.01
through 233.04
Tract 234.07
Block Group 1
Blocks 201 through 211, 214, 216 through 218,
and 229
Block Group 3
Tract 237
Blocks 101 through 103
Section 2. Said Code section is further amended by striking
paragraph (1) of subsection (d) thereof in its entirety and inserting in
lieu thereof a new paragraph (1) to read as follows:
(1) The terms Census County Division, Tract, Census
Tract, Block Group, and Block shall mean and shall describe the
same geographical boundaries as provided in the report of the Bureau
of the Census for the United States decennial census of 1980 for the
State of Georgia.
Section 3. The provisions of this Act and of Code Section 47-102,
as amended by this Act, shall be incorporated into the Official Code of
Georgia Annotated as provided in Section 2 of the Act approved
September 10,1981 (Ga. L. 1981, Ex. Sess., p. 103).
Section 4. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
452
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 25,1982.
HOUSE OF REPRESENTATIVES APPORTIONMENT.
Code Section 47-101 Amended.
No. 870 (House Bill No. 1426).
AN ACT
To amend Code Chapter 47-1, relating to the General Assembly,
as amended, particularly by an Act approved September 10,1981 (Ga.
L. 1981, Ex. Sess., p. 12), so as to change the composition of certain
state representative districts; to provide for all related matters; to
provide for incorporation of the provisions of this Act into the Official
Code of Georgia Annotated; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 47-1, relating to the General Assembly,
as amended, particularly by an Act approved September 10,1981 (Ga.
L. 1981, Ex. Sess., p. 12), is amended by striking from subsection (a)
of Code Section 47-101 the description of Representative Districts
No. 13 through 16, 20, 21, 68, 77, 81,85, 88, 89,126,129,132 through
134, and 140 and inserting in lieu thereof the following new descrip-
tions of said districts:
District No. 13 - 2 Representatives
Clarke
Tract 13.02
Block Group 1
Tract 14.01
GEORGIA LAWS 1982 SESSION
453
Tract 14.02
Block Groups 1 through 3
Blocks 405 through 408
Block Groups 5 and 6
Blocks 701 through 707 and 720
through 732
Tract 15.01
Blocks 116 through 125
Block Group 5
Tract 15.02
Blocks 101 through 114 and 126
through 134
Franklin
Hart
Madison
Tract 9901
Tract 9902
That part of Block 103 within
GMD 204
Block 104
That part of Block 105 within
GMD 204
Blocks 178 through 180
That part of Block 181 within
GMD 382
Blocks 182 through 185
Those parts of Blocks 186 and 187
within GMD 382
Blocks 201 through 217
That part of Block 218 within
GMD 204
Block 219
Those parts of Blocks 220 and 221
within GMD 1616
Blocks 222 through 228
That part of Block 231 within
GMD 1616
Block Groups 3 and 4
Tract 9903
District No. 14 - 1 Representative
Elbert
454
GENERAL ACTS AND RESOLUTIONS, VOL. I
Madison
Tract 9902
Blocks 101 and 102
Those parts of Blocks 103 and 105
within GMD 205
Blocks 106 through 110 and 112
through 168
That part of Block 169 within
GMD 205
Blocks 170 through 174
Those parts of Blocks 177, 186,
and 187 within GMD 205
Blocks 188 through 195
Those parts of Blocks 218, 220, and
221 within GMD 205
Blocks 229 and 230
That part of Block 231 within
GMD 205
Blocks 232 through 245 and 255
through 267
Oglethorpe
District No. 15 - 2 Representatives
Bartow
Tract 9902
Blocks 343 through 345 and 348
Tract 9903
Tract 9907
Blocks 201 through 214
Those parts of Blocks 215 and 216
within the City of Euharlee
Blocks 221 through 228
Block Group 3
Floyd
Tracts 1 and 2
Tract 3
Block 101
That part of Block 102 outside
the City of Rome
Blocks 103 through 105
That part of Block 106 outside
the City of Rome
GEORGIA LAWS 1982 SESSION
455
Blocks 107 through 115
Block Groups 2 and 3
Tract 4
Blocks 101 through 134
That part of Block 135 outside
the City of Rome
Blocks 136 through 141 and 144
Those parts of Blocks 145 and 146
outside the City of Rome
Blocks 147 through 149
That part of Block 150 outside
the City of Rome
Tract 6
Blocks 101 through 132
Those parts of Blocks 133 through
135 outside the City of Rome
Block 137
That part of Block 138 outside
the City of Rome
Block 141
Those parts of Blocks 204 and 248
outside the City of Rome
Block 249
Tract 7
Tract 8
Blocks 101 through 103, 111, 112, 118,
and 121 through 139
That part of Block 140 outside
the City of Rome
Blocks 148 and 151 through 153
That part of Block 211 outside the
City of Rome
Blocks 212, 214 through 217, 219, 221,
and 222
Tract 9
Those parts of Blocks 101, 140, 148,
and 149 outside the City of Rome
Blocks 150 and 201 through 209
That part of Block 210 outside
the City of Rome
Tract 12
That part of Block 221 outside
the City of Rome
456
GENERAL ACTS AND RESOLUTIONS, VOL. I
Block 222
Those parts of Blocks 223 and 224
outside the City of Rome
Blocks 226 through 229
That part of Block 230 outside the
City of Rome
Block 231
Those parts of Blocks 232 and 234
outside the City of Rome
Block 235
That part of Block 238 outside the
City of Rome
Tract 13
Blocks 123 through 133
That part of Block 201 outside
the City of Rome
Blocks 202, 203, and 205 through 207
That part of Block 208 outside the
City of Rome
Block 209
Those parts of Blocks 210 and 213
outside the City of Rome
Block 214
That part of Block 231 outside the
City of Rome
Blocks 235 through 242
Tract 14
Tract 15
Those parts of Blocks 101 and 114
outside the City of Rome
Block 150
Tract 16
Blocks 212 through 214
That part of Block 215 outside
the City of Rome
Blocks 228 and 229
That part of Block 230 outside
the City of Rome
Block 304
That part of Block 305 outside
the City of Rome
Blocks 306 and 307
GEORGIA LAWS 1982 SESSION
457
That part of Block 313 outside
the City of Rome
Blocks 314 through 316
Those parts of Blocks 317 through
320 outside the City of Rome
Block 321
Those parts of Blocks 322 and 323
outside the City of Rome
Blocks 324 through 327
That part of Block 333 outside
the City of Rome
Tract 17
Blocks 101 through 121
Those parts of Blocks 122 through
124 outside the City of Rome
Blocks 125 through 127
That part of Block 128 outside the
City of Rome
Blocks 129 and 130
That part of Block 131 outside
the City of Rome
Blocks 132 through 134
Block Groups 2 through 5
Tract 18
That part of Block 102 outside
the City of Rome
Blocks 103 through 108
That part of Block 109 outside
the City of Rome
Blocks 110 through 113 and
116 through 121
That part of Block 122 outside
the City of Rome
Block 124
Those parts of Blocks 125 and 126
outside the City of Rome
Blocks 127 through 150
That part of Block 154 outside
the City of Rome
Blocks 155 and 201
That part of Block 202 outside
the City of Rome
Blocks 203 through 251
458
GENERAL ACTS AND RESOLUTIONS, VOL. I
Tract 19
Block 101
That part of Block 102 outside
the City of Rome
Blocks 104 through 111
That part of Block 112 outside
the City of Rome
Block 113
That part of Block 114 outside
the City of Rome
Block 116
That part of Block 118 outside
the City of Rome
Blocks 119 through 127, 129 through
134, and 138 through 141
Tract 20
District No. 16 - 1 Representative
Floyd
Tract 3
Those parts of Blocks 102 and 106
within the City of Rome
Tract 4
That part of Block 135 within
the City of Rome
Blocks 142 and 143
Those parts of Blocks 145, 146, and
150 within the City of Rome
Blocks 151 and 152
Tract 5
Tract 6
Those parts of Blocks 133 through
135 within the City of Rome
Block 136
That part of Block 138 within
the City of Rome
Blocks 139, 140, 142 through 150,
and 201 through 203
That part of Block 204 within
the City of Rome
Blocks 205 through 247
GEORGIA LAWS 1982 SESSION
459
That part of Block 248 within
the City of Rome
Blocks 250 and 251
Block Groups 3 and 4
Tract 8
Blocks 104 through 110, 113 through
117, 119, and 120
That part of Block 140 within
the City of Rome
Blocks 141 through 147, 149, 150, 154
through 157, and 201 through 210
That part of Block 211 within
the City of Rome
Blocks 213, 220, and 223
Tract 9
That part of Block 101 within
the City of Rome
Blocks 102 through 137 and 139
That part of Block 140 within
the City of Rome
Blocks 141 through 147
Those parts of Blocks 148, 149,
and 210 within the City of Rome
Tracts 10 and 11
Tract 12
Block Group 1
Blocks 201 through 220
Those parts of Blocks 221, 223,
and 224 within the City of Rome
Block 225
Those parts of Blocks 230 and 232
within the City of Rome
Block 233
That part of Block 234 within
the City of Rome
Block 237
That part of Block 238 within
the City of Rome
Blocks 239 through 242
Tract 13
Blocks 101 through 122 and 134
460
GENERAL ACTS AND RESOLUTIONS, VOL. I
Those parts of Blocks 201, 202, 208,
and 210 within the City of Rome
Blocks 211 and 212
That part of Block 213 within the
City of Rome
Blocks 215 through 230
That part of Block 231 within
the City of Rome
Blocks 232 through 234 and 243
Tract 15
That part of Block 101 within
the City of Rome
Blocks 102 through 113
That part of Block 114 within
the City of Rome
Blocks 115 through 149 and 151
Tract 16
Block Group 1
Blocks 201 through 211
That part of Block 215 within
the City of Rome
Blocks 216 through 227
That part of Block 230 within
the City of Rome
Blocks 231 through 250 and 301
through 303
That part of Block 305 within
the City of Rome
Blocks 308 through 312
Those parts of Blocks 313, 317
through 320, 322, 323, and 333
within the City of Rome
Tract 17
Those parts of Blocks 122 through 124,
128, and 131 within the City of Rome
Tract 18
Block 101
Those parts of Blocks 102 and 109
within the City of Rome
Blocks 114 and 115
That part of Block 122 within
the City of Rome
GEORGIA LAWS 1982 SESSION
461
Block 123
Those parts of Blocks 125, 126, 154,
and 202 within the City of Rome
Tract 19
Those parts of Blocks 102, 112, and
114 within the City of Rome
Blocks 115 and 117
That part of Block 118 within the
City of Rome
District No. 20-5 Representatives
Cobb
Tracts 301 and 302.01 through 302.03
Tract 303.06
That part of Block 302 within the City of
Marietta
Tract 304.01
That part of Block 502 within the City
of Marietta
Those parts of Blocks 911 and 920 within
the City of Marietta
Tract 304.03
Those parts of Blocks 404, 405, and
411 within the City of Marietta
Blocks 412 through 415, 418 through
420, and 423 through 425
Those parts of Blocks 426 and 428
within the City of Marietta
Block 430
Those parts of Blocks 501, 507, and 508
within the City of Marietta
Block 602
That part of Block 603 within the
City of Marietta
Blocks 604 and 605
Those parts of Blocks 607 and 610
within the City of Marietta
Those parts of Blocks 701 through
703 within the City of Marietta
Block 705
462
GENERAL ACTS AND RESOLUTIONS, VOL. I
Tract 305
Those parts of Blocks 311 and 313 within
the City of Marietta
Blocks 314 and 315
Those parts of Blocks 316 and 317 within
the City of Marietta
Blocks 324 and 325
Those parts of Blocks 326 through 328
within the City of Marietta
Blocks 402 and 403
That part of Block 406 within the
City of Marietta
Blocks 407, 408, 410, and 411
Those parts of Blocks 413 through 415
within the City of Marietta
Blocks 416 and 417
Those parts of Blocks 511 and 512
within the City of Marietta
Blocks 515 through 524
That part of Block 525
within the City of Marietta
Blocks 601, 605 through 611, and 614
Those parts of Blocks 616 and 618
within the City of Marietta
Blocks 619 through 624
Tracts 306 through 309
Tract 310.01
Block Group 1
Blocks 201 through 207, 209, 210,
and 212 through 215
That part of Block 216 outside the
City of Smyrna
Blocks 217 through 227
That part of Block 228 outside
the City of Smyrna
Blocks 229 through 231
GEORGIA LAWS 1982 SESSION
463
That part of Block 901 outside
the City of Smyrna
Blocks 902 and 903
Tract 310.02
Blocks 101 through 111 and 115 through 119
That part of Block 120 outside the
City of Smyrna
Blocks 122 through 125
Block Group 2
Tract 310.03
Blocks 102 through 105 and 107 through 109
That part of Block 110 outside the
City of Smyrna
Blocks 111 and 113
Block Groups 2 through 8
Tract 311.02
That part of Block 115 within
the City of Marietta
Block Group 5
Tract 311.06
Blocks 401 through 407, 411, 412, 414
through 416, 418, and 419
Block Group 5
Tract 313.01
Block Group 1
Blocks 201 through 209, 214 through 217,
and 219 through 233
Block Groups 3 and 5
Tracts 313.02, 313.04, 313.05, 314.01,
314.02, and 315
District No. 21 - 5 Representatives
Cobb
Tracts 303.01 through 303.05
Tract 303.06
Block Groups 1 and 2
Block 301
That part of Block 302 outside
the City of Marietta
464
GENERAL ACTS AND RESOLUTIONS, VOL. I
Blocks 303 through 311
Block Groups 4 through 6 and 9
Tract 304.01
Block Groups 1 and 2
That part of Block 502 outside
the City of Marietta
Blocks 503, 516 through 518, 521, 523,
and 524
Blocks 902 through 904, 909, and 910
That part of Block 911 outside the
City of Marietta
Blocks 912 through 919
That part of Block 920 outside
the City of Marietta
Tract 304.02
Tract 304.03
Block Group 3
Blocks 401 through 403
Those parts of Blocks 404 and 405
outside the City of Marietta
Blocks 408 through 410
That part of Block 411 outside
the City of Marietta
Block 421
That part of Block 426 outside the
City of Marietta
Block 427
That part of Block 428 outside
the City of Marietta
Block 429
That part of Block 501 outside
the City of Marietta
GEORGIA LAWS 1982 SESSION
465
Blocks 503 through 506
Those parts of Blocks 507 and 508
outside the City of Marietta
Blocks 510 through 513 and 601
That part of Block 603 outside the
City of Marietta
Block 606
That part of Block 607 outside the
City of Marietta
Blocks 608 and 609
Those parts of Blocks 610 and 701 through
703 outside the City of Marietta
Block Group 9
Tract 305
Block Groups 1 and 2
Blocks 301, 302, 305, and 307 through 310
Those parts of Blocks 311, 313, 316, and
317 outside the City of Marietta
Blocks 318 through 323
Those parts of Blocks 326 through 328
outside the City of Marietta
Blocks 329 through 335
Those parts of Blocks 406 and 413 through
415 outside the City of Marietta
Blocks 419, 420, 502, and 504 through 510
Those parts of Blocks 511, 512, and 525
outside the City of Marietta
Block 526
466
GENERAL ACTS AND RESOLUTIONS, VOL. I
Those parts of Blocks 616 and 618
outside the City of Marietta
Block Groups 7 and 8
Tract 310.01
Those parts of Blocks 216 and 228
within the City of Smyrna
That part of Block 901 within
the City of Smyrna
Tract 310.02
That part of Block 120 within the
City of Smyrna
Tract 310.03
That part of Block 110 within the
City of Smyrna
Block 112
Tract 311.01
Tract 311.02
Blocks 101 through 109, 113, and 114
That part of Block 115 outside
the City of Marietta
Blocks 116, 117, and 119 through 123
Block Groups 2 through 4
Tracts 311.03 and 311.05
Tract 311.06
Blocks 409 and 410
Tracts 311.07, 312.01, and 312.02
Tract 313.01
Blocks 234 and 235
Block Groups 4 and 9
District No. 68 - 1 Representative
Clarke
Tracts 4, 5, 10 through 12, and 13.01
Tract 15.01
Blocks 101 through 115, 201 through 215,
and 218
GEORGIA LAWS 1982 SESSION
467
That part of Block 301 outside the
City of Athens
Blocks 302, 309, and 310
Block Group 4
Tract 15.02
Blocks 135 and 136
Block Groups 2 through 4
District No. 77-1 Representative
Coweta
Tract 9906
That part of Block 512 within GMD 693
Tract 9907
Those parts of Block 122 within
GMDs 693 and 1139
Those parts of Blocks 123 and 146
within GMD 1139
Those parts of Blocks 201 through
203 within GMD 693
Blocks 204 and 205
That part of Block 206 within
GMD 693
Blocks 207 through 220
Those parts of Block 221 within
GMDs 693 and 1139
Blocks 222 through 231
Block Group 3
Those parts of Blocks 408 through 410
within GMD 1139
Block 411
That part of Block 427 within
GMD 1139
Block 428
That part of Block 429 within
GMD 1139
Heard
Troup
Tract 9901
Tract 9902
Block Group 1
Blocks 201 through 233
Those parts of Blocks 234 through
236 outside the City of LaGrange
468
GENERAL ACTS AND RESOLUTIONS, VOL. I
Blocks 237 and 238
Those parts of Blocks 239 and 240
outside the City of LaGrange
Block 241
Tract 9903
Blocks 101 through 111 and 114
through 117
Those parts of Blocks 118 and
119 outside the City of LaGrange
Block 120
Those parts of Blocks 135 and 136
outside the City of LaGrange
Blocks 159 and 160
That part of Block 201 outside
the City of LaGrange
Those parts of Blocks 305 and 308
outside the City of LaGrange
Blocks 309 through 331
Block Group 4
Tract 9904
Those parts of Blocks 101 through
103 within the City of Mountville
Blocks 104 through 110
Those parts of Blocks 112 and 113
outside the City of LaGrange
Blocks 114 through 120
Those parts of Blocks 201 and 202
outside the City of LaGrange
Block 203
That part of Block 204 outside
the City of LaGrange
Those parts of Blocks 304 through
307 outside the City of LaGrange
Tract 9906
Blocks 101 through 145
That part of Block 146 outside
the City of LaGrange
Block 147
Those parts of Blocks 148 and 150
outside the City of LaGrange
Block 201
That part of Block 202 outside
the City of LaGrange
Blocks 203, 204, 206 through
GEORGIA LAWS 1982 SESSION
469
213, and 224 through 230
Block Group 3
Tract 9908
Blocks 101 through 108, 112 through
127, 144 through 153, 155, 156,
164, and 201 through 203
Those parts of Blocks 204 and 205
within the City of West Point
Block Groups 3 through 5
District No. 81-1 Representative
Troup
Tract 9902
Those parts of Blocks 234 through
236, 239, and 240 within the
City of LaGrange
Block Groups 3 and 4
Tract 9903
Those parts of Blocks 118 and 119
within the City of LaGrange
Blocks 121 through 134
Those parts of Blocks 135 and 136
within the City of LaGrange
Blocks 137 through 149
That part of Block 201 inside the
City of LaGrange
Blocks 202 through 250
Blocks 301 through 303
Those parts of Blocks 305 and 308
within the City of LaGrange
Tract 9904
Those parts of Blocks 101 through 103
outside the City of Mountville
Blocks 121 through 135
Those parts of Blocks 201, 202, and
204 within the City of LaGrange
Blocks 205 and 207 through 252
Blocks 301 through 303
Those parts of Blocks 304 through
307 inside the City of LaGrange
Blocks 308 through 332
Tract 9905
Tract 9906
470
GENERAL ACTS AND RESOLUTIONS, VOL. I
Those parts of Blocks 146 and 148
within the City of LaGrange
Block 149
That part of Block 150 within the
City of LaGrange
That part of Block 202 within
the City of LaGrange
Blocks 231 through 242
Block Groups 4 and 5
Tract 9907
Tract 9908
Blocks 109 through 111 and 128
through 143
Those parts of Blocks 204 and 205
outside the City of West Point
Blocks 206 through 218
District No. 85 - 1 Representative
Richmond
Tract 6
Blocks 101 through 116
Block Groups 2 and 3
Blocks 403 through 411 and 504
through 511
Tract 7
Blocks 111 through 118
Block Groups 2 through 4
Tract 9
Block Groups 1 through 5
Blocks 601 through 605
Tract 14
Block Group 3
Blocks 404 through 409
Tract 15
Tract 105.06
Block Groups 2 and 6
Tract 105.08
Block Group 1
Blocks 701 through 707
Tract 105.10
Block Group 1
Block 901
GEORGIA LAWS 1982 SESSION
471
Tract 105.11
Blocks 313 through 321
Block Group 9
Tract 106
Block Groups 1 through 3, 5, and 9
District No. 88-1 Representative
Richmond
Tract 10
Blocks 115 through 121
Tract 12
Blocks 209 through 215
Block Group 3
Blocks 401, 403 through 411,
501, and 503
Tract 13
Block Group 1
Blocks 201 through 204 and 217
Tract 14
Blocks 104 through 119
Block Group 2
Blocks 410 through 412
Block Group 5
Tract 16
Blocks 210, 211, 603, 604,
907, and 908
That part of Block 909 within the
City of Augusta
Blocks 911 and 912
Tracts 103 and 104
Tract 105.07
Block Group 2
Blocks 303, 310 through 322, 401
through 412, and 419 through 422
Block Group 5
Tract 106
Block Groups 4 and 6
District No. 89 - 1 Representative
Richmond
472
GENERAL ACTS AND RESOLUTIONS, VOL. I
Tract 16
Blocks 213 through 216 and 221
through 223
Those parts of Blocks 225 through 228
outside the City of Augusta
Block 229
That part of Block 230 outside the
City of Augusta
Blocks 304 through 306, 311 through 316,
319 through 323, 606 through 609,
and 630 through 633
That part of Block 909 outside the
City of Augusta
That part of Block 910 within the
City of Augusta
Tracts 105.04 and 105.05
Tract 105.06
Block Group 5
Tract 105.07
Blocks 301, 304 through 309, 413
through 415, and 418
Tract 105.09
Blocks 721 through 725
Block Group 8
Tract 107.01
Blocks 101 through 104
That part of Tract 108 on the
northeastern side of the following
line which bisects Tract 108:
beginning at the point of
intersection of U.S. Highway 78
and 19th Street at Gate 2;
proceed along 19th Street in a
southerly direction to the point
of intersection of 19th Street
and 7th Avenue; proceed thence
along 7th Avenue in an easterly
direction to the point of
intersection of 7 th Avenue and
29th Street; proceed along 29th
Street in a southerly direction
to the point of intersection of
29th Street and 6th Avenue;
proceed along 6th Avenue in an
GEORGIA LAWS 1982 SESSION
473
easterly direction to the point
of intersection of 6th Avenue and
Headquarters Road; proceed along
Headquarters Road in a northerly
direction to the point of
intersection of Headquarters Road
and 7th Avenue; proceed along
7th Avenue in an easterly direction
to the point of intersection of
7th Avenue and 34th Street;
proceed along 34th Street in a
southerly direction to the point
of intersection of 34th Street
and 4th Avenue; proceed along 4th
Avenue in a southeasterly direction
to the point of intersection of
4th Avenue and 37th Street;
proceed along 37th Street in a
northeasterly direction to the
point of intersection of 37th
Street and 5th Avenue; proceed
along 5th Avenue in a southeasterly
direction to the point of
intersection of 5th Avenue and
38th Street; proceed along 38th
Street in a northeasterly
direction to the point of
intersection of 38th Street and
7th Avenue; proceed along 7th
Avenue in a southeasterly
direction to the point of
intersection of 7 th Avenue and
40th Street; proceed along 40th
Street in a southwesterly
direction to the point of
intersection of 40th Street and
5th Avenue; proceed along 5th
Avenue in a southeasterly
direction to the point of
intersection of 5th Avenue and
43rd Street; proceed along
43rd Street in a southwesterly
direction to the point of
intersection of 43rd Street
474
GENERAL ACTS AND RESOLUTIONS, VOL. I
and 4th Avenue; proceed
finally along 4th Avenue in a
southeasterly direction to the
point of intersection of 4th
Avenue and U.S. Highway 1 at
Gate 5
District No. 126 - 1 Representative
Bryan
Tract 203
Blocks 101 through 116 and 118 through 143
That part of Blocks 144 and 148 within
the City of Richmond Hill
Blocks 189, 190, and 192 through 198
Block Group 4
Chatham
Tract 42.02
Blocks 101, 108, 110 through 123, 133,
134, 136, 138, and 139
Block Group 2
Tracts 42.03 and 42.04
Tract 108.02
Blocks 323 through 329, 401 through
413, 416 through 425, and 427
through 433
Tract 109
District No. 129 - 1 Representative
Bryan
Tracts 201 and 202
Tract 203
That part of Block 144 outside the
City of Richmond Hill
Blocks 145 through 147
That part of Block 148 outside the
City of Richmond Hill
Blocks 149, 150, 155 through
159, 177 through 188, and 191
Effingham
Liberty
Tract 9904
GEORGIA LAWS 1982 SESSION
475
District No. 132 - 1 Representative
Dougherty
Tract 1
Blocks 202 through 205, 920, 927
through 930, and 932 through 934
Those parts of Blocks 940 and 942
outside the City of Albany
Block 945
Tract 3
Block 101
That part of Block 110 south of the
Seaboard Coastline Railroad
(formerly the Seaboard Air Line
Railroad)
Blocks 115 and 117
That part of Block 118 south of
the Seaboard Coastline Railroad
(formerly the Seaboard Air Line
Railroad)
Blocks 119 through 123, 127, 130
through 132, 201, and 206 through 208
Tract 8
Tract 11
Block Group 2
Blocks 301 through 304 and 312
through 315
Block Group 5
Blocks 902 and 903
Tract 12
Blocks 102 through 107, 111
through 115, and 118 through 124
Block Group 2
Tract 14.02
Blocks 207 through 210, 212, 213,
215 through 219, 222 through 225,
227 through 233, 304 through 307,
and 311 through 313
Tract 15
Tract 101
Blocks 101 through 116
476
GENERAL ACTS AND RESOLUTIONS, VOL. I
Tract 102
Tract 105
Blocks 112 through 120, 125 through
130, 229, 301 through 311, 901,
903, 904, 906, 908, 913, and 914
Tract 106.01
Blocks 118, 126, and 212 through 222
Tract 106.02
Block Groups 3 and 4
Blocks 501 through 511
District No. 133 - 1 Representative
Dougherty
Tract 3
Blocks 103, 104, 106, 107, and 109
That part of Block 110 north of the
Seaboard Coastline Railroad (formerly
the Seaboard Air Line Railroad)
Block 111
That part of Block 118 north of the
Seaboard Coastline Railroad (formerly
the Seaboard Air Line Railroad)
Blocks 124 through 126, 128, 129, 202
through 205, 211 through 225, 302
through 306, 308 through 315, 318, 323,
324, 327, and 328
Tracts 4 through 7, 9, and 10
Tract 11
Block Group 1
Blocks 305 through 311 and 316
through 319
Block Group 4
Tract 104
District No. 134 - 1 Representative
Dougherty
Tract 1
Block Group 1
Blocks 206, 207, 209, 210, 213 through
218, and 220 through 223
Block Groups 3 and 4
GEORGIA LAWS 1982 SESSION
477
Blocks 921, 922, 924, 926, and 935
through 939
That part of Block 940 within the
City of Albany
Block 941
That part of Block 942 within the
City of Albany
Blocks 943 and 944
Tract 2
Tract 12
Blocks 101 and 108 through 110
Tracts 13 and 14.01
Tract 14.02
Blocks 214, 221, 235, 302, 303, 308
through 310, 314, and 315
Tract 101
Blocks 117 through 135
Block Group 9
Tracts 103.01 and 103.02
Tract 106.01
Blocks 107 through 112, 114, 115,
119 through 125, 127, and 128
Tracts 107 and 108
District No. 140 - 1 Representative
Baker
Dougherty
Tract 105
Blocks 101 through 109, 202 through 204,
209 through 213, 218, 219, and 312
through 325
Tract 106.02
Block Group 1
Blocks 512 through 530
Tracts 109 and 110
Early
Miller
Section 2. Said Code Chapter is further amended by striking
paragraph (2) of subsection (e) of Code Section 47-101 and inserting
in its place a new paragraph to read as follows:
478
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) (A) Except as provided in subparagraph (B) of this para-
graph, whenever the description of any representative district
refers to a named city, it shall mean the geographical boundaries
of that city as shown on the census maps for the United States
decennial census of 1980 for the State of Georgia.
(B) The following references to named cities shall mean the
actual geographical boundaries of that city as they existed on
January 1,1982:
(i) Any reference in the description of District No. 15
or District No. 16 to the City of Rome;
(ii) Any reference in the description of District No. 126
or District No. 129 to the City of Richmond Hill;
(iii) Any reference in the description of District No. 132
or District No. 134 to the City of Albany.
Section 3. The provisions of this Act and of Code Section 47-101,
as amended by this Act, shall be incorporated into the Official Code of
Georgia Annotated as provided in Section 2 of the Act approved
September 10,1981 (Ga. L. 1981, Ex. Sess., p. 12).
Section 4. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 25,1982.
GEORGIA LAWS 1982 SESSION
479
GEORGIA SAFETY FIRE COMMISSIONER
ENFORCEMENT OF FIRE SAFETY STANDARDS, ETC.
No. 876 (House Bill No. 1587).
AN ACT
To amend an Act creating the office of Georgia Safety Fire
nmissioner, approved February 25,1949 (Ga. L. 1949, p. 1057), as
ended, particularly by an Act approved April 17,1981 (Ga. L. 1981,
.779), so as to change the provisions relating to enforcement of fire
ety standards; to provide for certain contracts between local
itical subdivisions with respect to enforcement, building permits,
1 certificates of occupancy; to amend the Official Code of Georgia
notated accordingly; to provide effective dates; to provide for
omatic repeal of certain provisions of this Act; to repeal conflicting
's; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act creating the office of Georgia Safety Fire
nmissioner, approved February 25,1949 (Ga. L. 1949, p. 1057), as
ended, particularly by an Act approved April 17,1981 (Ga. L. 1981,
.779), is amended by striking Section 6 in its entirety and inserting
ieu thereof a new Section 6 to read as follows:
Section 6. (a) The county governing authority in any county
dng a population of 100,000 or more, and the municipal governing
hority in any municipality having a population of 45,000 or more,
h as determined by the most recent decennial census published by
United States Bureau of Census, and those municipalities pursu-
. to subsection (b) of this Section shall adopt the state minimum
! safety standards adopted in the rules and regulations promul-
ed 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:
480
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 April 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) of paragraph (1) of
this subsection. In cases where the governing authority of a
municipality enforcing fire safety standards pursuant to this
subsection contracts for the enforcement of fire safety standards,
any municipal or county office or authority providing such
enforcement shall not charge fees in excess of those charged in its
own political subdivision for such enforcement.
(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 Sections 21, 22, and 23 of this Act in carrying out
such responsibility, and shall submit quarterly reports to the state
fire marshal containing fire-loss data regarding all fires within
GEORGIA LAWS 1982 SESSION
481
their jurisdiction. The state fire marshal shall have the authority
to initiate any arson investigation upon request of any such local
governing authority and the state fire marshal shall provide
assistance to the requesting authority regarding any of the duties
and responsibilities required by this paragraph.
(4) No such local governing authority shall have the author-
ity to grant any waiver or variance which would excuse any
building, structures, or proposed plans for buildings or structures
from compliance with the state minimum fire safety standards as
adopted in the rules and regulations promulgated pursuant to this
Act.
(b) Municipalities having a population of less than 45,000 as
determined by the most recent decennial census published by the
United States Bureau of Census, may adopt the state minimum fire
safety standards adopted in the rules and regulations promulgated
pursuant to this Act, including all subsequent revisions thereof. The
municipal governing authority shall indicate its intention to adopt
and enforce the state minimum fire safety standards by forwarding a
resolution so indicating to the Commissioner. The municipality shall
then adopt and enforce the state minimum fire safety standards as set
forth in subsection (a) of Section 6 of this Act.
(c) With respect to those buildings and structures listed in
Section 8 of this Act in jurisdictions other than those jurisdictions
covered under subsection (a) of this Section, 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.
(d) 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.
482
GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) The office of the Georgia Safety Fire Commissioner shall be
responsible for interpretations of the state minimum fire safety
standards as adopted in the rules and regulations promulgated pursu-
ant to this Act upon receipt of a written request therefor.
Section 2. Said Act is further amended by striking paragraph (1)
of subsection (a) of Section 7 in its entirety and inserting in lieu
thereof a new paragraph (1) to read as follows:
(1) For the purposes of this Act, a local fire marshal shall mean
any employee or independent contractor of any city, county, or other
governing authority not adopting the state minimum fire safety
standards as provided in subsection (a) of Section 6 of this Act, 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.
Section 3. Said Act is further amended by adding at the end of
Section 9 a new subsection, to be designated subsection (d), to read as
follows:
(d) In cases where the governing authority of a municipality
which is enforcing fire safety standards pursuant to subsection (a) of
Section 6 contracts with the Office of Safety Fire Commissioner for
the enforcement of fire safety standards, the office of the Commis-
sioner shall not charge such municipality fees in excess of those
charged in this Section.
Part 2
Section 4. Chapter 2 of Title 25 of the Official Code of Georgia
Annotated, relating to the regulation of fire and other hazards, is
amended by striking Code Section 25-2-12 in its entirety and
inserting in lieu thereof a new Code Section 25-2-12 to read as
follows:
25-2-12. (a) (l)The county governing authority in any county
having a population of 100,000 or more, and the municipal govern-
ing authority in any municipality having a population of 45,000 or
more, each as determined by the most recent decennial census
published by the United States Bureau of Census, and those
municipalities pursuant to subsection (b) of this Code section
GEORGIA LAWS 1982 SESSION
483
shall adopt the state minimum fire safety standards adopted in
the rules and regulations promulgated pursuant to this chapter,
including all subsequent revisions thereof.
(2) With respect to those buildings and structures listed in
Code Section 25-2-13, except for buildings and structures which
are owned and operated or occupied by the state, every such local
governing authority shall be responsible for enforcing such fire
safety standards within its 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.
(3) Nothing in this subsection shall be construed so as to
prohibit fire service personnel of any such local governing author-
ity from making inspections of any state owned and operated or
occupied building or structure listed in Code Section 25-2-13 and
from filing reports of such inspections with the office of the
Commissioner.
(4) Nothing in this subsection shall be construed so as to
place upon any municipality, county, or any officer or employee
thereof, the responsibility to take enforcement action regarding
any existing building or structure listed in Code Section 25-2-13, if
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.
(5) Every such local governing authority shall have the
authority to charge and retain appropriate fees for performing the
duties required in subparagraphs (A) and (B) of paragraph (2) of
this subsection. In cases where the governing authority of a
municipality enforcing fire safety standards pursuant to this
subsection contracts for the enforcement of fire safety standards,
484
GENERAL ACTS AND RESOLUTIONS, VOL. I
any municipal or county office or authority providing such
enforcement shall not charge fees in excess of those charged in its
own political subdivision for such enforcement.
(6) Every such local governing authority shall be responsi-
ble for investigating all cases of arson and other suspected incendi-
ary fires within its jurisdiction, shall have the duties and powers
authorized by Code Sections 25-2-27, 25-2-28, and 25-2-29 in
carrying out such responsibility, and shall submit quarterly
reports to the state fire marshal containing fire-loss data regard-
ing all fires within its jurisdiction. The state fire marshal shall
have the authority to initiate any arson investigation upon request
of any such local governing authority and he shall provide assis-
tance to the requesting authority regarding any of the duties and
responsibilities required by this paragraph.
(7) No such local governing authority shall have the author-
ity to grant any waiver or variance which would excuse any
building, structure, or proposed plans for buildings or structures
from compliance with the state minimum fire safety standards as
adopted in the rules and regulations promulgated pursuant to this
chapter.
(b) Municipalities having a population of less than 45,000 as
determined by the most recent decennial census published by the
United States Bureau of Census may adopt the state minimum fire
safety standards adopted in the rules and regulations promulgated
pursuant to this chapter, including all subsequent revisions thereof.
The municipal governing authority shall indicate its intention to
adopt and enforce the state minimum fire safety standards by for-
warding a resolution so indicating to the Commissioner. The munici-
pality shall then adopt and enforce the state minimum fire safety
standards as set forth in subsection (a) of Code Section 25-2-12.
(c) With respect to those buildings and structures listed in Code
Section 25-2-13, in jurisdictions other than those jurisdictions cov-
ered under subsection (a) of this Code section, and with respect to
every such building and structure owned and operated or occupied by
the state, wherever located, the office of the Commissioner shall
perform those duties specified in paragraph (2) of subsection (a) of
this Code section and shall perform all other duties required by this
chapter.
GEORGIA LAWS 1982 SESSION
485
(d) Except as specifically stated in this Code section, nothing in
this Code section shall reduce or avoid the duties and responsibilities
of the office of the Commissioner or the state fire marshal imposed by
other Code sections of this chapter, other provisions of this Code, or
any existing contract or agreement and all renewals thereof between
the office of the Commissioner or the state fire marshal and any other
state or federal government agency. Nothing in this Code section shall
prohibit the office of the Commissioner, state fire marshal, or any
local governing authority from entering into any future contract or
agreement regarding any of the duties imposed under this Code
section.
(e) The office of the Commissioner shall be responsible for
interpretations of the state minimum fire safety standards as adopted
in the rules and regulations promulgated pursuant to this chapter.
Section 5. Said chapter is further amended by striking para-
graph (2) of subsection (a) of Code Section 25-2-12.1 and inserting in
lieu thereof a new paragraph (2) to read as follows:
(2) Local fire marshal means any employee or independent
contractor of any municipality, county, or other governing authority
not adopting the state minimum fire safety standards as provided in
subsection (a) of Code Section 25-2-12 who is responsible for perform-
ing fire safety duties for such municipality, county, or governing
authority and who has been or is seeking to be deputized pursuant to
this Code section.
Section 6. Said chapter is further amended by adding at the end
of Code Section 25-2-14 a new subsection (e) to read as follows:
(e) In cases where the governing authority of a municipality
which is enforcing the fire safety standards pursuant to subsection (a)
of Code Section 25-2-12 contracts with the office of the Commissioner
for the enforcement of fire safety standards, the office of the Commis-
sioner shall not charge such municipality fees in excess of those
charged in this Code section.
Part 3
Section 7. (a) Except as provided in subsection (c) of this
section, this Act shall become effective April 1,1982.
486
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 25,1982.
SUPPLEMENTARY APPROPRIATIONS ACT.
No. 881 (House Bill No. 1144).
AN ACT
To provide supplementary appropriations for
the fiscal year ending June 30,1982, in addition to
any other appropriations heretofore or hereafter
made for the operation of state government and
the purposes provided for herein; to confer certain
responsibilities upon the Office of Planning and
Budget; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
That the sums of money hereinafter provided
are appropriated for the fiscal year beginning July
1, 1981, and ending June 30, 1982, as prescribed
hereinafter for such fiscal year, and are in addition
to any other appropriations heretofore or hereafter
made for the operation of state government.
Section 1. Department of Medical
Assistance.
Budget Unit: Department of Medical
Assistance...................$ 10,000,000
GEORGIA LAWS 1982 SESSION
487
For matching available
Federal funds for the
payment of Medicaid benefits
TOTAL SUPPLEMENTARY APPROPRIATION
FISCAL YEAR 1981 - 1982..................$ 10,000,000
Section 2. The Office of Planning and Budget
is hereby directed to economize wherever possible
and in the event any part of the appropriations
provided in the foregoing Section of this Act shall
be in excess of the actual approved budget allot-
ments 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.
It is the intent of this General Assembly that this
appropriation is made to assure the adequancy of
State funding for Medicaid Benefits for State
Fiscal Year 1982 and not for the purpose of
increasing the rate of reimbursement to providers
of health care services.
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 repealed.
Approved March 29,1982.
488
GENERAL ACTS AND RESOLUTIONS, VOL. I
LOANS SECURED BY SECONDARY SECURITY DEEDS.
No. 892 (Senate Bill No. 666).
AN ACT
To amend an Act regulating charges and interest on loans secured
by secondary security deeds on certain residential property subject to
a prior lien or security deed, approved March 16,1966 (Ga. L. 1966, p.
574), as amended, so as to provide that a person, copartnership,
association, trust, corporation, or other legal entity may charge, take,
and receive interest and charges at any actuarial rate and amount and
in any manner of repayment agreed upon by the parties for a loan of
$5,000.00 or more amount financed as the term amount financed is
defined by the federal Truth in Lending Act; to provide for other
matters relative to the foregoing; to amend the Official Code of
Georgia Annotated accordingly; to provide for effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act regulating charges and interest on loans
secured by secondary security deeds on certain residential property
subject to a prior lien or security deed, approved March 16,1966 (Ga.
L. 1966, p. 574), as amended, is amended by striking Section 1 in its
entirety and inserting in lieu thereof a new Section 1 to read as
follows:
Section OH No person, copartnership, association, trust, corpora-
tion or other legal entity shall directly or indirectly charge, take or
receive for a loan of less than $5,000.00 amount financed, as the term
amount financed is defined by the federal Truth in Lending Act,
secured in whole or in part by a security deed, mortgage, or other
security instrument, other than a first security deed, first mortgage or
other security instrument, on residential real estate improved by the
construction thereon of housing consisting of four or less family
dwelling units, executed by an individual or individuals, a rate of
charge, as herein defined, in addition to interest at a rate hereinafter
authorized, whether payable directly to the lender or to a third party
in connection with such loan, which in the aggregate is greater than 10
per cent, of the principal amount of the loan as hereinafter defined:
GEORGIA LAWS 1982 SESSION
489
Provided that where the stated principal sum of the indebtedness is
$1,500 or less, the rate of charge may exceed said 10 per cent, but shall
not be greater than $50: Provided, that if a renewal or additional loan
shall be made to the same borrower within 36 months after the
original loan, or after the previous renewal or additional loan, the
borrower shall receive a rebate from the previously charged rate of
charge in accordance with the Standard Rule of 78 based upon a 36-
month term regardless of the actual term of the original loan, renewal
thereof, or additional loan. The borrower shall further have the right
to anticipate payment of his debt in whole or in part at any time and
shall receive a rebate of the unearned interest, which rebate shall be
computed in accordance with the Standard Rule of 78. The aggregate
of the amount or value actually received at the time of the loan, plus
the aforesaid rate of charge, plus the sum of all existing indebtedness
of the borrower paid on his behalf by the lender, shall be deemed the
principal amount of the loan.
Section 2. Said Act is further amended by striking subsection
(d) of Section 2 in its entirety and inserting in lieu thereof a new
subsection (d) to read as follows:
(d) Notwithstanding the method used for the computation of
interest, on a loan of less than $5,000.00 amount financed, as the term
amount financed is defined by the federal Truth in Lending Act,
interest may be charged on the principal amount of the loan as
hereinbefore defined at the rate authorized and computed in accord-
ance with the provisions of Code Section 57-116 relating to interest on
loans to be repaid in weekly, monthly, quarterly, semiannual or yearly
installments, as it now exists or may hereafter be amended.
Section 3. Said Act is further amended by striking Section 4 in
its entirety and inserting in lieu thereof a new Section 4 to read as
follows:
Section 4. Any person, copartnership, association, trust, corpora-
tion, or any other legal entity making on its own behalf, or as agent,
broker, or in other representative capacity on behalf of any other
person, copartnership, association, trust, corporation, or any other
legal entity, a loan or real property financing transaction secured by a
secondary security deed on real estate within the regulatory authority
of this Chapter, whether lawfully or unlawfully, at the time of the
closing shall furnish the debtor or borrower or grantor in the security
deed mortgage, deed of trust, or any other security instrument, a
490
GENERAL ACTS AND RESOLUTIONS, VOL. I
complete and itemized closing statement which shall show in detail all
costs which are defined as a charge in subsection (a) of Section 2 or
agreed upon under Section 4A, together with any interest charges,
and the disposition of the principal of the loan or security transaction,
and the said detailed closing statement shall be signed by the lending
agency or a representative of the lending agency, or a responsible
officer, in its behalf, and a completed and signed additional copy
retained in the files of the lending agency involved and available at all
reasonable times to the borrower, the borrowers successor in interest
to the security real property, or the authorized agent of the borrower
or the borrowers successor, until such time as the security instrument
shall be satisfied in full.
Section 4. Said Act is further amended by adding a new Section
4A immediately following Section 4 to read as follows:
Section 4A. Notwithstanding the provisions of other laws to the
contrary, on loans of $5,000.00 or more, a person, copartnership,
association, trust, corporation, or other legal entity may charge, take,
and receive interest and charges at any actuarial rate and amount and
in any manner of repayment agreed upon by the parties for a loan of
$5,000.00 or more amount financed, as that term is defined by the
federal Truth in Lending Act, if said loan is secured in whole or in
part by security deed, mortgage, or other security instrument, other
than a first security deed, first mortgage, or other security instru-
ment, on residential real estate improved by the construction thereon
of housing consisting of four or less family dwelling units, executed by
an individual or individuals. The claim or defense of usury by any
borrower under this Section or his successor or anyone on his behalf is
prohibited.
Part 2
Section 5. Article 2 of Chapter 4 of Title 7 of the Official Code of
Georgia Annotated, relating to residential second mortgages, is
amended by striking Code Section 7-4-31 in its entirety and inserting
in lieu thereof a new Code Section 7-4-31 to read as follows:
7-4-31. No person, copartnership, association, trust, corpora-
tion, or other legal entity shall, directly or indirectly, charge, take, or
receive for a loan of less than $5,000.00 amount financed, as the term
amount financed is defined by the federal Truth in Lending Act,
secured in whole or in part by a security deed, mortgage, or other
GEORGIA LAWS 1982 SESSION
491
security instrument, other than a first security deed, first mortgage,
or other first security instrument, on residential real estate improved
by the construction thereon of housing consisting of four or fewer
family dwelling units, executed by an individual or individuals, a rate
of charge as defined in Code Section 7-4-30 in addition to interest at a
rate authorized in Code Section 7-4-32, whether payable directly to
the lender or to a third party in connection with such loan, which in
the aggregate is greater than 10 percent of the principal amount of the
loan as defined in this Code section; provided, however, that, where
the stated principal sum of the indebtedness is $1,500.00 or less, the
rate of charge may exceed said 10 percent but shall not be greater
than $50.00; provided, further, that, if a renewal or additional loan
shall be made to the same borrower within 36 months after the
original loan or after the previous renewal or additional loan, the
borrower shall receive a rebate from the previously charged rate of
charge in accordance with the Standard Rule of 78 based upon a 36
month term regardless of the actual term of the original loan, renewal
thereof, or additional loan. The borrower shall further have the right
to anticipate payment of his debt in whole or in part at any time and
shall receive a rebate of the unearned interest, which rebate shall be
computed in accordance with the Standard Rule of 78. The aggregate
of the amount or value actually received at the time of the loan, plus
the aforesaid rate of charge, plus the sum of all existing indebtedness
of the borrower paid on his behalf by the lender, shall be deemed the
principal amount of the loan.
Section 6. Said article is further amended by striking subsection
(d) of Code Section 7-4-32 in its entirety and inserting in lieu thereof a
new subsection (d) to read as follows:
(d) Notwithstanding the method used for the computation of
interest, on loans of less than $5,000.00 amount financed, as the term
amount financed is defined by the federal Truth in Lending Act,
interest may be charged on the principal amount of the loan as
defined in this article at the rate authorized and computed in
accordance with Code Section 7-4-4, relating to interest on loans to be
repaid in weekly, monthly, quarterly, semiannual, or yearly install-
ments, as it now exists or may hereafter be amended.
Section 7. Said article is further amended by striking Code
Section 7-4-34 in its entirety and inserting in lieu thereof a new Code
Section 7-4-34 to read as follows:
492
GENERAL ACTS AND RESOLUTIONS, VOL. I
7-4-34. Any person, copartnership, association, trust, corpora-
tion, or other legal entity making on its own behalf, or as agent or
broker or in other representative capacity on behalf of any other
person, copartnership, association, trust, corporation, or other legal
entity, a loan or real property financing transaction secured by a
secondary security deed on real estate within the regulatory authority
of this article, whether lawfully or unlawfully, at the time of the
closing shall furnish the debtor or borrower or grantor in the security
deed, mortgage, deed of trust, or any other security instrument a
complete and itemized closing statement, which shall show in detail
all costs which are included in rate of charge as defined in Code
Section 7-4-30, or agreed upon under Code Section 7-4-34.1, together
with any interest charges, and the disposition of the principal of the
loan or security transaction. The said detailed closing statement shall
be signed by the lending agency or a representative of the lending
agency, or a responsible officer, in its behalf. A completed and signed
additional copy shall be retained in the files of the lending agency
involved and available at all reasonable times to the borrower, the
borrowers successor in interest to the security real property, or the
authorized agent of the borrower or the borrowers successor until
such time as the security instrument shall be satisfied in full.
Section 8. Said article is further amended by adding a new Code
Section 7-4-34.1 immediately following Code Section 7-4-34 to read as
follows:
7-4-34. Notwithstanding the provisions of other laws to the
contrary, on loans of $5,000.00 or more, a person, copartnership,
association, trust, corporation, or other legal entity may charge, take,
and receive interest and charges at any actuarial rate and amount and
in any manner of repayment agreed upon by the parties for a loan of
$5,000.00 or more amount financed, as that term is defined by the
federal Truth in Lending Act, if said loan is secured in whole or in
part by security deed, mortgage, or other security instrument, other
than a first security deed, first mortgage, or other security instru-
ment, on residential real estate improved by the construction thereon
of housing consisting of four or less family dwelling units, executed by
an individual or individuals. The claim or defense of usury by any
borrower under this Code section or his successor or anyone on his
behalf is prohibited.
GEORGIA LAWS 1982 SESSION
493
Part 3
Section 9. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 10. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 12,1982.
CRIMINAL PROCEDURE COURTS OF INQUIRY.
Code Sections 27-401, 17-7-20 Amended.
No. 893 (Senate Bill No. 701).
AN ACT
To amend Code Section 27-401, relating to persons who may hold
courts of inquiry generally, so as to provide that judges of probate
courts may hold courts of inquiry; to amend the Official Code of
Georgia Annotated accordingly; to provide for effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 27-401, relating to persons who may
hold courts of inquiry generally, is amended by striking said Code
494
GENERAL ACTS AND RESOLUTIONS, VOL. I
section in its entirety and inserting in lieu thereof a new Code Section
27-401 to read as follows:
27-401. Who may hold courts of inquiry. Any judge of the
superior or county court, or judge of the probate court, or justice of
the peace, or city or town officer, who may be ex-officio justice of the
peace, may hold a court of inquiry to examine into an accusation
against a person legally arrested and brought before him. The time
and place of such inquiry shall be determined by him.
Part 2
Section 2. Code Section 17-7-20 of the Official Code of Georgia
Annotated, relating to persons who may hold courts of inquiry
generally, is amended by striking said Code section in its entirety and
inserting in lieu thereof a new Code Section 17-7-20 to read as follows:
17-7-20. Any judge of a superior, state, or county court, judge of
the probate court, justice of the peace, or officer of a municipality who
may be an ex officio justice of the peace may hold a court of inquiry to
examine into an accusation against a person legally arrested and
brought before him. The time and place of the inquiry shall be
determined by him.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
495
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
SOVEREIGN IMMUNITY WAIVED AS TO ACTIONS
EX CONTRACTU.
Code Section 50-21-1 Enacted.
No. 894 (House Bill No. 1715).
AN ACT
To waive sovereign immunity as to any action ex contractu for the
breach of any written contract now existing or hereafter entered into
by the state, departments and agencies of the state, and state authori-
ties; to provide for venue with respect to any such actions; to provide
that the venue provisions shall be cumulative and supplemental to
any other venue provisions now or hereafter permitted by law; to
provide for other matters relative to the foregoing; to amend the
Official Code of Georgia Annotated accordingly; to provide effective
dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. (a) The defense of sovereign immunity is waived as to
any action ex contractu for the breach of any written contract now
existing or hereafter entered into by the state, departments and
agencies of the state, and state authorities.
(b) Venue with respect to any such action shall be proper in the
Superior Court of Fulton County, Georgia. The provisions of this
subsection shall be cumulative and supplemental to any other venue
provisions now or hereafter permitted by law.
496
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 2
Section 2. Code Title 50 of the Official Code of Georgia
Annotated, relating to state government, is amended by adding a new
Chapter 21 at the end thereof to read as follows:
CHAPTER 21
50-21-1. (a) The defense of sovereign immunity is waived as to
any action ex contractu for the breach of any written contract now
existing or hereafter entered into by the state, departments and
agencies of the state, and state authorities.
(b) Venue with respect to any such action shall be proper in the
Superior Court of Fulton County, Georgia. The provisions of this
subsection shall be cumulative and supplemental to any other venue
provisions now or hereafter permitted by law.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
GEORGIA LAWS 1982 SESSION
497
SUPERIOR COURT JUDGES RETIREMENT SYSTEM
ACT AMENDED.
Code Sections 47-8-1, 47-9-74 Amended.
No. 896 (House Bill No. 1243).
AN ACT
To amend an Act known as the Act Creating the Superior Court
Judges Retirement System, approved March 24,1976 (Ga. L. 1976,
p. 586), as amended, so as to provide that certain senior judges may
elect spouses benefits; to provide for practices and procedures in
connection with such election; to provide for the amount and pay-
ment of such benefits; to amend an Act creating the office of Senior
Judge of the Superior Courts (formerly known as Judge of the
Superior Courts, Emeritus), approved March 9,1945 (Ga. L. 1945, p.
362), as amended, particularly by an Act approved March 24, 1976
(Ga. L. 1976, p. 586), so as to change certain dates concerning
designation of judges of the superior courts, emeritus as senior judges
of the superior courts; to amend the Official Code of Georgia Anno-
tated accordingly; to provide for effective dates; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act known as the Act Creating the Superior
Court Judges Retirement System, approved March 24,1976 (Ga. L.
1976, p. 586), as amended, is amended by striking subsection (c) of
Section 16 and inserting in lieu thereof a new subsection (c) to read as
follows:
(c) (1) Any former superior court judge who was appointed as
a senior judge of the superior courts (formerly known as judge of
the superior courts, emeritus) pursuant to an Act creating the
office of Judge of the Superior Courts, Emeritus, approved March
9,1945 (Ga. L. 1945, p. 362), as amended, prior to June 30,1978,
who is now a senior judge, who is married, and who has never
elected under the applicable law spouses benefit coverage may
elect such coverage pursuant to this subsection.
498
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Such election must be made in writing to the Director of
the Fiscal Division of the Department of Administrative Services
prior to January 1,1983. 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 such
surviving spouse, a monthly sum equal to 50 percent of the
monthly state salary which the senior judge was receiving at the
time of the death of such senior judge.
Section 2. An Act creating the office of Senior Judge of the
Superior Courts (formerly known as Judge of the Superior Courts,
Emeritus), approved March 9, 1945 (Ga. L. 1945, p. 362), as
amended, particularly by an Act approved March 24, 1976 (Ga. L.
1976, p. 586), is amended by striking from Section 1 of said Act the
following:
July 1,1975,
and inserting in lieu thereof the following:
December 31,1976,
so that when so amended Section 1 of said Act shall read as follows:
Section 1. There is hereby created the office of Senior Judge of
the Superior Courts. Any judge of the superior court who was
appointed Judge of the Superior Courts, Emeritus prior to December
31, 1976, is hereby redesignated as Senior Judge of the Superior
Courts effective December 31,1976. Any judge of the superior court
eligible for appointment as Judge of the Superior Courts, Emeritus on
December 31, 1976, or who becomes eligible after said date shall be
designated as Senior Judge of the Superior Courts upon accepting
such appointment.
GEORGIA LAWS 1982 SESSION
499
Part 2
Section 3. Code Section 47-8-1 of the Official Code of Georgia
Annotated, relating to the creation of the office of senior judge of the
superior courts, is amended by striking the following:
July 1,1975,
and inserting in lieu thereof the following:
December 31,1976,
so that when so amended Code Section 47-8-1 shall read as follows:
47-8-1. There is created the office of senior judge of the supe-
rior courts. Any judge of the superior court who was appointed judge
of the superior courts, emeritus prior to December 31, 1976, is
redesignated as senior judge of the superior courts effective December
31, 1976. Any judge of the superior courts who is eligible for
appointment as judge of the superior courts, emeritus on December
31,1976, or who becomes eligible after that date shall be designated as
senior judge of the superior courts upon accepting such appoint-
ment.
Section 4. Code Section 47-9-74 of the Official Code of Georgia
Annotated, relating to spouses benefits coverage for members of the
Superior Court Judges Retirement Fund, is amended by striking
subsection (c) of said Code section and inserting in lieu thereof a new
subsection (c) to read as follows:
(c) (1) Any former superior court judge who was appointed as
a senior judge of the superior courts (formerly known as judge of
the superior courts, emeritus) pursuant to Chapter 8 of this title
prior to June 30,1978, who is now a senior judge, who is married,
and who has never elected under the applicable law spouses
benefits coverage may elect such coverage pursuant to this subsec-
tion.
(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, 1983. 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-
500
GENERAL ACTS AND RESOLUTIONS, VOL. I
tive Services shall begin deducting 2 1/2 percent from the state
salary paid to such senior judge. Effective with the first deduction
made from such state salary, the spouse of such senior judge shall
be covered for spouses benefits as provided in paragraph (3) of this
subsection.
(3) Upon the death of such senior judge, the surviving
spouse shall receive for life, or until the remarriage of such
surviving spouse, a monthly sum equal to 50 percent of the
monthly state salary which the senior judge was receiving at the
time of the death of such senior judge.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
GEORGIA LAWS 1982 SESSION
501
SUPERIOR COURT CIRCUITS.
Code Section 15-6-2 Amended.
No. 898 (House Bill No. 1719).
AN ACT
To amend Code Section 15-6-2 of the Official Code of Georgia
Annotated, relating to the number of judges of superior courts for
each judicial circuit, so as to accurately reflect the number of superior
courts for the Cordele Judicial Circuit and the Rome Judicial Circuit;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 15-6-2 of the Official Code of Georgia
Annotated, relating to the number of judges of superior courts for
each judicial circuit, is amended by striking paragraph (13) in its
entirety and substituting in lieu thereof a new paragraph (13) to read
as follows:
(13) Cordele Circuit.....................................2
Section 2. Said Code section is further amended by striking
paragraph (33) in its entirety and substituting in lieu thereof a new
paragraph (33) to read as follows:
(33) Rome Circuit........................................3
Section 3. This Act shall become effective on November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
502
GENERAL ACTS AND RESOLUTIONS, VOL. I
STREET IMPROVEMENTS IN MUNICIPALITIES
OF 600 OR MORE.
Code Chapter 69-4; Code Chapter 39 of
Title 36 Amended.
No. 914 (Senate Bill No. 717).
AN ACT
To amend an Act providing for and assisting in statutory and
Code revision by the repeal of certain obsolete and superseded laws
based upon classifications of population, approved February 27,1981
(Ga. L. 1981, p. 3), so as to delete the provision which repeals an Act
providing for street improvements in municipalities having a popula-
tion of 600 or more, approved August 25,1927 (Ga. L. 1927, p. 321), as
amended, officially codified as Code Chapter 69-4; to provide that
such law and code chapter shall remain in effect until November 1,
1982; to amend Act No. 380, SB 474, enacted by the General Assembly
at the 1982 regular session and approved by the Governor on Febru-
ary 16, 1982, so as to delete the provision of said Act which repeals
Chapter 39 of Title 36 of the Official Code of Georgia Annotated,
relating to street improvements; to provide that Chapter 39 of Title
36 of the Official Code of Georgia Annotated as enacted at the 1981
extraordinary session of the General Assembly shall take effect on
November j 1982; to provide for other matters relative to the
foregoing; to provide effective dates; to provide for specific repeals; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act providing for and assisting in statutory and
code revision by the repeal of certain obsolete and superseded laws
based upon classifications of population, approved February 27,1981
(Ga. L. 1981, p. 3), is amended by striking paragraph (146) of Section
2, which reads as follows:
(146) An Act providing for street improvements in municipali-
ties 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.,
GEORGIA LAWS 1982 SESSION
503
in its entirety, so that said 1927 Act which is officially codified as
Code Chapter 69-4 shall not be repealed effective on April 1,1982, as
provided in said 1981 Act.
Part 2
Section 2. Act No. 380, SB 474, enacted by the General Assem-
bly at the 1982 regular session and approved by the Governor on
February 16,1982, is amended by striking paragraph (11.1) of Section
36, which reads as follows:
(11.1) Said title is further amended by repealing Chapter 39 of
said title, relating to street improvements.,
in its entirety so that Chapter 39 of Title 36 of the Official Code of
Georgia Annotated as enacted at the 1981 extraordinary session of the
General Assembly shall become effective as enacted on November 1,
1982.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act and an Act providing for street improve-
ments in municipalities having a population of 600 or more, approved
August 25,1927 (Ga. L. 1927, p. 321), as amended, and Code Chapter
69-4 of the Code of Georgia of 1933, relating to street improvements
in municipalities having a population of 600 or more, as amended,
shall be repealed effective November 1,1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
504
GENERAL ACTS AND RESOLUTIONS, VOL. I
HOUSING AUTHORITIES LAW AMENDED MEMBERS
IN CERTAIN COUNTIES (500,000 OR MORE).
No. 918 (Senate Bill No. 197).
AN ACT
To amend an Act known as the Housing Authorities Law,
approved March 30,1937 (Ga. Laws 1937, p. 210), as amended, so as
to change the membership of the authority in all counties 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; to create the
position of resident commissioner of the authority in such counties; to
provide for the appointment of such resident commissioner; 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 Housing Authorities Law,
approved March 30, 1937 (Ga. Laws 1937, p. 210), as amended, is
hereby amended by adding immediately following Section 5D two
new sections to be designated Section 5E and 5F, respectively, to read
as follows:
Section 5E. In addition to the five commissioners otherwise
provided for in this section, the authority 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 commissioners otherwise
provided for in this section. Each commissioner provided for in this
section shall be appointed for a term of five years and until the
appointment and qualification of his successor, except that the initial
appointment of one of the positions created by this section shall be for
a term of four years and until the appointment and qualification of
his successor.
Section 5F. In any county with a population of 550,000 or more
according to the United States decennial census of 1970 or any future
such census in which the governing body has adopted a resolution as
provided in Section 4 of this Act known as the Housing Authorities
Law, approved March 30,1937 (Ga. Laws 1937, p. 210), as amended,
GEORGIA LAWS 1982 SESSION
505
the governing body shall, in addition to the other commissioners
authorized under said Act, appoint one commissioner to be known as
resident commissioner who shall be a resident of a housing project
located within the unincorporated areas of said county. The tenants
of each housing project located within the unincorporated areas of the
county shall, upon request of the governing body of the county, be
entitled to nominate one resident of said housing project for the
appointment as resident commissioner, and the governing body shall
appoint one of said nominees as resident commissioner. This resident
commissioner shall be appointed for a term of office of one year and
shall have no vote. In the event any person serving as resident
commissioner ceases to be a resident of a housing project located
within the unincorporated area of said county, then such person shall
cease to be a resident commissioner and a vacancy shall result.
Vacancies in the office of resident commissioner shall be filled for the
unexpired term by appointment by the governing body of said
county.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 12,1982.
506
GENERAL ACTS AND RESOLUTIONS, VOL. I
MEMBERS OF COUNTY BOARDS OF HEALTH IN
CERTAIN COUNTIES (250,000 - 400,000).
Code Section 31-3-2 Amended.
No. 936 (House Bill No. 1616).
AN ACT
To amend Code Section 31-3-2 of the Official Code of Georgia
Annotated, relating to the composition and terms of members of
county boards of health, so as to provide an additional member of
county boards of health 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 31-3-2 of the Official Code of Georgia
Annotated, relating to the composition and terms of members of
county boards of health, is amended by adding at the end of said Code
section a new subsection (c) to read as follows:
(c) In each county having a population of not less than 250,000
and not more than 400,000 according to the United States decennial
census of 1980 or any future such census, the superintendent of the
largest municipal school system in the county shall serve in an ex
officio capacity as an additional member of the county board of
health.
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
GEORGIA LAWS 1982 SESSION
507
HOUSING AUTHORITIES LAW AMENDED
ADDITIONAL MEMBERS IN CERTAIN CITIES
(10,800 - 11,200).
No. 944 (House Bill No. 1445).
AN ACT
To amend an Act amending the Housing Authorities Law and
providing additional members for a housing authority in each city of
this state having a population of not less than 10,800 and not more
than 11,200 according to the United States decennial census of 1970
or any future such census, approved April 11, 1979 (Ga. L. 1979, p.
513), so as to change such population brackets as a result of the 1980
census; to amend the Official Code of Georgia Annotated accordingly;
to provide effective dates; to provide for automatic repeal of certain
provisions of this Act; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act amending the Housing Authorities Law and
providing additional members for a housing authority in each city of
this state having a population of not less than 10,800 and not more
than 11,200 according to the United States decennial census of 1970
or any future such census, approved April 11, 1979 (Ga. L. 1979, p.
513), is amended by striking from Section 1 of said amendatory Act
the following:
In addition to the five commissioners otherwise provided for in
this Section, the authority in each city of the State having a popula-
tion of not less than 10,800 and not more than 11,200, 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 commis-
sioners otherwise provided for in this Section. Each commissioner
provided for in this paragraph shall be appointed for a term of five
years and until the appointment and qualification of his successor,
except that the initial appointment to one of the positions created by
this paragraph shall be for a term of four years and until the
appointment and qualification of his successor.,
508
GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof the following:
In addition to the five commissioners otherwise provided for in
this Section, the authority in each city of the State having a popula-
tion of not less than 10,400 and not more than 10,580, according to the
United States Decennial Census of 1980 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 commis-
sioners otherwise provided for in this Section. Each commissioner
provided for in this paragraph shall be appointed for a term of five
years and until the appointment and qualification of his successor,
except that the initial appointment to one of the positions created by
this paragraph shall be for a term of four years and until the
appointment and qualification of his successor.
Part 2
Section 2. Code Section 8-3-50 of the Official Code of Georgia
Annotated, relating to appointment, qualifications, and tenure of
housing authority commissioners, is amended by striking subsection
(a) in its entirety and inserting in lieu thereof a new subsection (a) to
read as follows:
(a) (1) When the governing body of a city adopts a resolution
as provided in Code Section 8-3-5, it shall promptly notify the
mayor of such adoption. Upon receiving such notice, the mayor
shall appoint five persons as commissioners of the authority
created for such city. In the event the mayor fails or refuses to
submit appointments within 30 days after notice from the govern-
ing body of approval of a resolution of necessity or termination of
existing appointments, the governing body may appoint the com-
missioners of the authority created for said city.
(2) In addition to the five commissioners otherwise pro-
vided for in paragraph (1) of this subsection, the authority in each
city of the state having a population of not less than 10,400 and not
more than 10,580 according to the United States decennial census
of 1980 or any future such census shall include an additional two
members who shall be subject to the provisions of paragraph (1) of
this subsection in the same manner as the five commissioners
otherwise provided for. Each commissioner provided for in this
paragraph shall be appointed for a term of five years and until the
appointment and qualification of his successor, except that the
GEORGIA LAWS 1982 SESSION
509
initial appointment to one of the positions created by this para-
graph shall be for a term of four years and until the appointment
and qualification of his successor.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
WHITFIELD COUNTY JUDGE OF SUPERIOR
COURT TO SIT AS JUDGE OF JUVENILE COURT.
No. 947 (House Bill No. 1455).
AN ACT
To provide for a judge of the Superior Court of Whitfield County
to sit as the judge of the Juvenile Court of Whitfield County and hear
juvenile cases; to provide for the expiration of the term of office of the
judge of the Juvenile Court of Whitfield County who was appointed
by the judges of the superior court of said county; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
510
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Pursuant to subsection (c) of Code Section 24A-201,
on and after January 1, 1983, a judge of the Superior Court of
Whitfield County shall sit as the judge of the Juvenile Court of
Whitfield County and hear all cases coming within the provisions of
the Juvenile Court Code of Georgia.
Section 2. (a) The judge of the Juvenile Court of Whitfield
County serving on the effective date of this Act shall be authorized to
serve through December 31,1982.
(b) The term of office of the judge of the Juvenile Court of
Whitfield County serving on the effective date of this Act, who was
appointed by the judges of the Superior Court of Whitfield County,
shall expire on December 31,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 session of the General Assembly of Georgia a bill to provide for a
judge of the Superior Court of Whitfield County to sit as the Judge of
the Juvenile Court of Whitfield County and hear juvenile cases; to
provide for the expiration of the term of office of the judge of the
Juvenile Court of Whitfield County who was appointed by the judges
of the Superior Court of said county; to repeal conflicting laws; and
for other purposes.
This 6 day of Jan., 1982.
/s/ Tom Ramsey
State Representative,
District 3
GEORGIA LAWS 1982 SESSION
511
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Tom Ramsey who, on oath, deposes
and says that he/she is Representative from the 3rd District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Daily Citizen News which is the official
organ of Whitfield County, on the following dates: Jan. 15, 22, & 29,
1982.
/s/ Tom Ramsey
Representative,
3rd District
Sworn to and subscribed before me,
this 8th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12,1982.
SALE OF ALCOHOLIC BEVERAGES IN CLUBS IN
CERTAIN COUNTIES (32,500 - 32,800).
Code Sections 5A-6121, 3-7-43 Amended.
No. 949 (House Bill No. 1483).
AN ACT
To amend Code Section 5A-6121, relating to alcoholic beverage
sales in private clubs in counties having a population of not less than
512
GENERAL ACTS AND RESOLUTIONS, VOL. I
32,500 or more than 32,800 according to the census, so as to change
the population brackets and census reference; to amend the Official
Code of Georgia Annotated accordingly; to provide for effective dates
and automatic repeal; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 5A-6121, relating to alcoholic beverage
sales in private clubs in counties having a population of not less than
32,500 or more than 32,800 according to the census, is amended by
striking subsection (b) thereof and inserting in its place a new
subsection (b) to read as follows:
(b) The governing authority of each county having a population
of not less than 36,800 or more than 36,990, according to the census, in
which the sale of alcoholic beverages is lawful, and the governing
authority of each municipality in which the sale of alcoholic beverages
is lawful in each such county, may issue, through proper resolution or
ordinance, alcoholic beverage licenses to bona fide private clubs.
Part 2
Section 2. Code Section 3-7-43 of the Official Code of Georgia
Annotated, relating to alcoholic beverage sales in private clubs having
a population of not less than 32,500 nor more than 32,800 according to
the census, is amended by striking subsection (b) thereof and insert-
ing in its place a new subsection (b) to read as follows:
(b) The governing authority of each county having a population
of not less than 36,800 nor more than 36,990 according to the United
States decennial census of 1980 or any future such census, in which
the sale of alcoholic beverages is lawful and the governing authority of
each municipality in which the sale of alcoholic beverages is lawful in
each such county may issue, through proper resolution or ordinance,
alcoholic beverage licenses to bona fide private clubs.
GEORGIA LAWS 1982 SESSION
513
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
ELECTIONS COMPENSATION OF POLL OFFICERS
IN CERTAIN COUNTIES (200,000 OR MORE).
Code Sections 34-508, 21-2-98 Amended.
No. 957 (House Bill No. 1532).
AN ACT
To amend Code Section 34-508, relating to the compensation of
poll officers, so as to provide minimum compensation for poll officers
in all counties of this state having a population of 200,000 or more
according to the United States decennial census of 1980 or any future
such census; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to provide for specific repeal;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 34-508, relating to the compensation of
poll officers, is amended by designating the present language of said
514
GENERAL ACTS AND RESOLUTIONS, VOL. I
Code section as subsection (a) thereof and by adding at the end
thereof a new subsection (b) to read as follows:
(b) Notwithstanding the provisions of subsection (a) of this
Code Section, in all counties of this state having a population of
200,000 or more according to the United States decennial census of
1980 or any future such census, the minimum compensation for the
chief manager shall be $60.00 per diem; the minimum compensation
for each assistant manager shall be $50.00 per diem; and the mini-
mum compensation for each clerk shall be $42.00 per diem.
Part 2
Section 2. Code Section 21-2-98 of the Official Code of Georgia
Annotated, relating to the compensation of poll officers, is amended
by designating the present language of said Code section as subsec-
tion (a) thereof and by adding at the end thereof a new subsection (b)
to read as follows:
(b) Notwithstanding the provisions of subsection (a) of this
Code section, in all counties of this state having a population of
200,000 or more according to the United States decennial census of
1980 or any future such census, the minimum compensation for the
chief manager shall be $60.00 per diem; the minimum compensation
for each assistant manager shall be $50.00 per diem; and the mini-
mum compensation for each clerk shall be $42.00 per diem.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
515
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
EDUCATION SECURITY PERSONNEL IN
CERTAIN COUNTIES (210,000 - 450,000).
Code Sections 32-913, 20-8-5 Enacted.
No. 959 (House Bill No. 1538).
AN ACT
To amend Code Chapter 32-9, relating to county boards of educa-
tion, as amended, so as to provide that, in each county of this state
having a population of not less than 210,000 nor more than 450,000
according to the United States decennial census of 1980 or any future
such census, school security personnel employed by the county board
of education for the various county schools who meet certain require-
ments shall have the same law enforcement powers on school property
as law enforcement officers of the county; to provide for certification
of security personnel; to amend the Official Code of Georgia Anno-
tated accordingly; to provide effective dates; to provide for automatic
repeal of certain provisions of this Act; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 32-9, relating to county boards of
education, as amended, is amended by adding between Code Sections
32-912 and 32-914 a new Code section, to be designated Code Section
32-913, to read as follows:
516
GENERAL ACTS AND RESOLUTIONS, VOL. I
32-913. Law enforcement powers, (a) In each county of this
state having a population of not less than 210,000 nor more than
450,000 according to the United States decennial census of 1980 or
any future such census, school security personnel employed by the
county board of education for the various county schools who are
certified pursuant to subsection (b) and who are authorized by the
county board of education shall have the same law enforcement
powers on school property, including the power of arrest, as law
enforcement officers of the county.
(b) As a condition precedent to the exercise of law enforcement
powers pursuant to subsection (a) of this Code section, school security
personnel must be certified by the Georgia Peace Officer Standards
and Training Council as having met the qualifications and having
completed the basic training requirements for a peace officer under
the provisions of the Georgia Peace Officer Standards and Training
Act, approved March 10,1970 (Ga. L. 1970, p. 208), as amended. The
certification by the Georgia Peace Officer Standards and Training
Council of school security personnel does not require that such
security personnel exercise the powers provided in subsection (a) of
this Code section.
(c) The provisions of this Code section shall not prohibit a
county board of education from employing school security personnel
without law enforcement powers.
(d) The provisions of this Code section shall not be construed to
permit or require school security personnel to carry a firearm or
weapon for the purpose of carrying out law enforcement duties.
Part 2
Section 2. Chapter 8 of Title 20 of the Official Code of Georgia
Annotated, relating to campus policemen, is amended by adding
immediately following Code Section 20-8-4 a new Code section, to be
designated Code Section 20-8-5, to read as follows:
20-8-5. (a) In each county of this state having a population of
not less than 210,000 nor more than 450,000 according to the United
States decennial census of 1980 or any future such census, school
security personnel employed by the county board of education for the
various county schools who are certified pursuant to subsection (b)
and who are authorized by the county board of education shall have
GEORGIA LAWS 1982 SESSION
517
the same law enforcement powers on school property, including the
power of arrest, as law enforcement officers of the county.
(b) As a condition precedent to the exercise of law enforcement
powers pursuant to subsection (a) of this Code section, school security
personnel must be certified by the Georgia Peace Officer Standards
and Training Council as having met the qualifications and having
completed the basic training requirements for a peace officer under
Article 2 of Chapter 2 of Title 35. The certification of school security
personnel by the Georgia Peace Officer Standards and Training
Council does not require that such security personnel exercise the
powers provided in subsection (a) of this Code section.
(c) The provisions of this Code section shall not prohibit a
county board of education from employing school security personnel
without law enforcement powers.
(d) The provisions of this Code section shall not be construed to
permit or require school security personnel to carry a firearm or
weapon for the purpose of carrying out law enforcement duties.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
518
GENERAL ACTS AND RESOLUTIONS, VOL. I
STATE COURTS TERMS IN CERTAIN
COUNTIES (350,000 - 500,000).
Code Section 15-7-9 Amended.
No. 968 (House Bill No. 1899).
AN ACT
To amend an Act providing for the organization, jurisdiction,
venue, practice and procedure of state courts, approved March 24,
1970 (Ga. L. 1970, p. 679), as amended, so as to provide for the terms
of the state court of each county of this state having a population of
not less than 350,000 nor more than 500,000 according to the United
States decennial census of 1980 or any future such census; to amend
the Official Code of Georgia Annotated accordingly; to provide effec-
tive dates; to provide for specific repeal; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act providing for the organization, jurisdiction,
venue, practice and procedure of state courts, approved March 24,
1970 (Ga. L. 1970, p. 679), as amended, is amended by adding at the
end of Section 4 a new paragraph to read as follows:
In each year there shall be held four terms of the state court of
each county of this state having a population of not less than 350,000
nor more than 500,000 according to the United States decennial
census of 1980 or any future such census. Such terms shall be held as
follows: The first term shall convene annually on the first Monday in
January; the second term shall convene annually on the first Monday
in April; the third term shall convene annually on the first Monday in
July; and the fourth term shall convene annually on the first Monday
in October.
Part 2
Section 2. Code Section 15-7-9 of the Official Code of Georgia
Annotated, relating to when state courts are open and trial sessions, is
amended by designating the present language of said Code section as
GEORGIA LAWS 1982 SESSION
519
subsection (a) thereof and by adding at the end thereof a new
subsection (b) to read as follows:
(b) In each year there shall be held four terms of the state court
of each county of this state having a population of not less than
350,000 nor more than 500,000 according to the United States decen-
nial census of 1980 or any future such census. Such terms shall be
held as follows: The first term shall convene annually on the first
Monday in January; the second term shall convene annually on the
first Monday in April; the third term shall convene annually on the
first Monday in July; and the fourth term shall convene annually on
the first Monday in October.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
520
GENERAL ACTS AND RESOLUTIONS, VOL. I
LAW LIBRARIES FOR CERTAIN COUNTIES
(26,200 - 27,000).
Code Section 36-15-9 Enacted.
No. 1007 (House Bill No. 1595).
AN ACT
To provide that in each county of this state having a population of
not less than 26,200 nor more than 27,000 according to the United
States decennial census of 1980 or any future such census the maxi-
mum court costs for the county law library fund which may be
charged and collected in each action or case shall be $5.00; to amend
the Official Code of Georgia Annotated accordingly; to provide effec-
tive dates; to provide for automatic repeal of certain provisions of this
Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Notwithstanding any other provisions of law, in each
county of this state having a population of not less than 26,200 nor
more than 27,000 according to the United States decennial census of
1980 or any future such census, the maximum court costs for the
county law library fund which may be charged and collected in each
action or case in such county shall be $5.00.
Part 2
Section 2. Code Section 36-15-9 of the Official Code of Georgia
Annotated, relating to collection of additional costs in court cases for
purchasing law books, is amended by adding immediately following
subsection (b) a new subsection, to be designated subsection (c), to
read as follows:
(c) Notwithstanding any other provisions of law, in each county
of this state having a population of not less than 26,200 nor more than
27,000 according to the United States decennial census of 1980 or any
future such census, the maximum court costs for the county law
library fund which may be charged and collected in each action or
case in such county shall be $5.00.
GEORGIA LAWS 1982 SESSION
521
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
SALE OF ALCOHOLIC BEVERAGES ON SUNDAYS AND
ELECTION DAYS IN CERTAIN COUNTIES
(170,000 - 195,000) (170,000 - 275,000).
Code Sections 5A-507, 3-3-7 Amended.
No. 1019 (House Bill No. 1749).
AN ACT
To amend Code Section 5A-507, relating to the sale of alcoholic
beverages on Sundays and election days, so as to change the popula-
tion requirements relating to such sales in counties having a popula-
tion of not less them 170,000 and not more than 195,000 according to
the United States decennial census of 1970 or any future such census;
to amend the Official Code of Georgia Annotated accordingly; to
provide effective dates; to provide specific repeal; to repeal conflict-
ing laws; and for other purposes.
522
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Part 1
Section II Code Section 5A-507, relating to the sale of alcoholic
beverages on Sundays and election days, is amended by striking
subsection (f) in its entirety and substituting in lieu thereof a new
subsection (f) to read as follows:
(f) In all counties having a population of not less than 170,000
and not more than 275,000, according to the United States decennial
census of 1980 or any future such census, in which the sale of alcoholic
beverages is lawful and in all municipalities within such counties in
which the sale of alcoholic beverages is lawful, the governing author-
ity of the county or municipality, as appropriate, may authorize sales
of alcoholic beverages for consumption on the premises:
(1) At any time from 11:55 P.M. on Saturdays until 2:55
A.M. on Sundays.
(2) In eating establishments which are located in the unin-
corporated area of the county, in the case of the county, or which
are located in the corporate limits of the municipality, in the case
of a municipality, on Sundays between the hours of 12:30 P.M. and
12:00 Midnight. For the purposes of this paragraph, eating
establishment means an establishment which is licensed to sell
distilled spirits, malt beverages, or wines and which derives at
least 50 per cent, of its total annual gross food and beverage sales
from the sale of prepared meals or food.
Part 2
Section 2. Code Section 3-3-7 of the Official Code of Georgia
Annotated, relating to the sale of alcoholic beverages on Sunday, is
amended by striking subsection (e) in its entirety and substituting in
lieu thereof a new subsection (e) to read as follows:
(e) In all counties having a population of not less than 170,000
nor more than 275,000 according to the United States decennial
census of 1980 or any future such census in which the sale of alcoholic
beverages is lawful and in all municipalities within such counties in
which the sale of alcoholic beverages is lawful, the governing author-
ity of the county or municipality, as appropriate, may authorize the
sale of alcoholic beverages for consumption on the premises:
GEORGIA LAWS 1982 SESSION
523
(1) At any time from 11:55 P.M. on Saturdays until 2:55
A.M. on Sundays; and
(2) In eating establishments which are located in the unin-
corporated area of the county, in the case of the county, or which
are located in the corporate limits of the municipality, in the case
of a municipality, on Sundays between the hours of 12:30 P.M. and
12:00 Midnight. As used in this paragraph, the term eating
establishment means an establishment which is licensed to sell
distilled spirits, malt beverages, or wines and which derives at
least 50 percent of its total annual gross food and beverage sales
from the sale of prepared meals or food.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
PIEDMONT JUDICIAL CIRCUIT COMPENSATION
OF JUDGE OF SUPERIOR COURT.
No. 1021 (House Bill No. 1766).
AN ACT
To authorize the governing authority of Jackson County to pro-
vide for supplemental compensation for the judge of the superior
524
GENERAL ACTS AND RESOLUTIONS, VOL. I
court in the Piedmont Judicial Circuit; to provide for other matters
relative to the foregoing; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) The governing authority of Jackson County,
which county is within the Piedmont Judicial Circuit, is authorized to
supplement the compensation of each superior court judge of the
Piedmont Judicial Circuit in an amount to be determined within the
discretion of the governing authority. Any such supplement shall be
paid in monthly installments from the funds of Jackson County.
(b) Any supplement authorized by this Act shall be in addition
to the compensation, expenses, and allowances being received by the
superior court judge in the Piedmont Judicial Circuit from the State
of Georgia or any other source. Any supplement is made and declared
to be part of the expenses of the courts, and the power to levy a tax to
pay the same or to otherwise provide to pay the same is delegated to
the governing authority of said county.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
There will be legislation introduced in the 1982 session of the
General Assembly of Georgia for the purpose of enabling Jackson
County to supplement the salary of the Superior Court Judge of
Jackson County for acting as Juvenile Court Judge.
GEORGIA LAWS 1982 SESSION
525
Henry Robinson
Chairman,
County Commissioner
Jackson County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Lauren McDonald who, on oath,
deposes and says that he/she is Representative from the 12th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Jackson Herald which is the official
organ of Jackson County, on the following dates: Jan. 27,1982 & Feb.
3 & 10,1982.
/s/ Lauren McDonald
Representative,
12th District
Sworn to and subscribed before me,
this 24th day of Feb., 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12,1982.
526
GENERAL ACTS AND RESOLUTIONS, VOL. I
LOOKOUT MOUNTAIN JUDICIAL CIRCUIT
COURT REPORTERS SALARY.
No. 1028 (House Bill No. 1811).
AN ACT
To amend an Act providing a salary for the court reporter of the
Lookout Mountain Judicial Circuit, approved March 28,1969 (Ga. L.
1969, p. 207), as amended, particularly by an Act approved April 111
1979 (Ga. L. 1979, p. 523), so as to change the salary of the court
reporter; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a salary for the court reporter of the
Lookout Mountain Judicial Circuit, approved March 28,1969 (Ga. L.
1969, p. 207), as amended, particularly by an Act approved April 11,
1979 (Ga. L. 1979, p. 523), is amended by striking the first undesig-
nated paragraph of Section 1 and inserting in its place the following:
The court reporter of the Lookout Mountain Judicial Circuit
shall receive an annual salary of $16,500.00. Such salary shall be paid
in equal monthly installments by the authority having charge of the
fiscal affairs of the county embracing said judicial circuit in the same
manner as other county expenses are paid, or upon the order of the
presiding judges of said circuit. Walker County shall pay 44 percent
of such salary, Dade County shall pay 10 percent of such salary,
Chattooga County shall pay 17 percent of such salary, and Catoosa
County shall pay 29 percent of such salary. Said salary compensation
shall be in lieu of all fees and any other compensation provided by law
for attending the superior courts in the counties comprising said
judicial circuit as directed by the presiding judges of said circuit and
the taking down of testimony in the trial of such criminal cases as are
required by law to be recorded, including a committal court when
ordered to do so by said judges at the request of the district attorney
of said circuit.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
GEORGIA LAWS 1982 SESSION
527
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1982
session of the General Assembly of the State of Georgia a bill to
amend the Act providing for the Court Reporters of the Lookout
Mountain Judicial Circuit so as to increase the amount of compensa-
tion to be paid said Court Reporters among the counties of the
Lookout Mountain Judicial Circuit.
E. Don Towns,
Court Reporter
Joe D. Randles,
Court Reporter
Scottie R. Hood,
Court Reporter
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Wayne Snow, Jr. who, on oath,
deposes and says that he/she is Representative from the 1st District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Walker County Messenger which is
the official organ of Walker County, on the following dates: Jan. 13,
20 & 27,1982.
/s/ Wayne Snow, Jr.
Representative,
1st District
528
GENERAL ACTS AND RESOLUTIONS, VOL. I
Sworn to and subscribed before me,
this 1st day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1982
session of the General Assembly of the State of Georgia a bill to
amend the Act providing for the Court Reporters of the Lookout
Mountain Judicial Circuit so as to increase the amount of compensa-
tion to be paid said Court Reporters among the counties of the
Lookout Mountain Judicial Circuit.
E. Don Towns,
Court Reporter
Joe D. Randles,
Court Reporter
Scottie R. Hood,
Court Reporter
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Wayne Snow who, on oath, deposes
and says that he/she is Representative from the 1st District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Summerville News which is the official
organ of Chattooga County, on the following dates: Jan. 14, 21 & 28,
1982 & Feb. 4,1982.
GEORGIA LAWS 1982 SESSION
529
/&/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 1st day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1982
session of the General Assembly of the State of Georgia a bill to
amend the Act providing for the Court Reporters of the Lookout
Mountain Judicial Circuit so as to increase the amount of compensa-
tion to be paid said Court Reporters among the counties of the
Lookout Mountain Judicial Circuit.
E. Don Towns,
Court Reporter
Joe D. Randles,
Court Reporter
Scottie R. Hood,
Court Reporter
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Wayne Snow, Jr. who, on oath,
deposes and says that he/she is Representative from the 1st District,
and that the attached copy of Notice of Intention to Introduce Local
530
GENERAL ACTS AND RESOLUTIONS, VOL. I
Legislation was published in the Catoosa County News which is the
official organ of Catoosa County, on the following dates: Jan. 14,21 &
28,1982.
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 1st day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1982
session of the General Assembly of the State of Georgia a bill to
amend the Act providing for the Court Reporters of the Lookout
Mountain Judicial Circuit so as to increase the amount of compensa-
tion to be paid said Court Reporters among the counties of the
Lookout Mountain Judicial Circuit.
E. Don Towns,
Court Reporter
Joe D. Randles,
Court Reporter
Scottie R. Hood,
Court Reporter
GEORGIA LAWS 1982 SESSION
531
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Wayne Snow, Jr. who, on oath,
deposes and says that he/she is Representative from the 1st District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Dade County Sentinel which is the
official organ of Dade County, on the following dates: Jan. 13,20 & 27,
1982 & Feb. 3,1982.
/s/ Wayne Snow, Jr.
Representative,
1st District
Sworn to and subscribed before me,
this 1st day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12,1982.
FILING OF HOMESTEAD EXEMPTIONS IN CERTAIN
COUNTIES (34,000 - 34,500).
Code Section 48-5-45 Repealed.
No. 1033 (House Bill No. 1876).
AN ACT
To repeal an Act changing the time of filing of homestead exemp-
tion applications in counties having a population of not less than
532
GENERAL ACTS AND RESOLUTIONS, VOL. I
34,000 or more than 34,500, approved April 6, 1981 (Ga. L. 1981, p.
528); to amend the Official Code of Georgia Annotated accordingly; to
provide for construction with other Acts; to provide effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act changing the time of filing of homestead
exemption applications in counties having a population of not less
than 34,000 or more than 34,500, approved April 6,1981 (Ga. L. 1981,
p. 528), is repealed in its entirety.
Part 2
Section 2. Code Section 48-5-45 of the Official Code of Georgia
Annotated, relating to homestead exemption applications, is
amended by replacing subsection (c), which reads as follows:
(c) In all counties having a population of not less than 34,000
nor more than 34,500 according to the United States decennial census
of 1970 or any future such census, the written application and
schedule required in subsection (a) of this Code section shall be filed
on or before March 1 of the year in which exemption from taxation is
sought.,
with the following:
(c) Reserved.
Part 3
Section 3. In the event of any conflict between this Act and any
other Act of the 1982 General Assembly which amends rather than
repeals the provisions of law repealed by this Act, the provisions of
such other Act shall govern over this Act.
GEORGIA LAWS 1982 SESSION
533
Section 4. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
COMPENSATION OF COUNTY COMMISSIONERS IN
CERTAIN COUNTIES (56,400 - 60,000).
Code Section 36-5-23 Enacted.
No. 1043 (House Bill No. 1893).
AN ACT
To fix the compensation of the county commissioner of counties
having a population of not less than 56,400 and not more than 60,000;
to amend the Official Code of Georgia Annotated accordingly; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Notwithstanding any other provision of law, in all
counties having a population of not less than 56,400 or more than
60,000 according to the decennial census of 1980 or any future such
census, the county commissioner shall receive an annual salary in an
amount $500.00 greater than the salary of the sheriff of the county.
534
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 2
Section 2. Article 2 of Chapter 5 of Title 36 of the Official Code
of Georgia Annotated, relating to county commissioners, is amended
by adding a new Code Section 36-5-23 to read as follows:
36-5-23. Notwithstanding any other provision of law, in all
counties having a population of not less than 56,400 or more than
60,000 according to the decennial census of 1980 or any future such
census, the county commissioner shall receive an annual salary in an
amount $500.00 greater than the salary of the sheriff of the county.
Part 3
Section 3. This Act shall become effective only if SB 528
introduced at the 1982 General Assembly becomes law. If such bill
does become law, then this Act shall become effective upon the
effective date of said SB 528.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
ROME JUDICIAL CIRCUIT GRAND JURY.
No. 1047 (House Bill No. 1296).
AN ACT
To amend an Act approved March 13,1957 (Ga. L. 1957, p. 629), as
amended by an Act approved March 21, 1958 (Ga. L. 1958, p. 182),
prescribing the terms of superior court to be held in the Rome
Judicial Circuit, so as to provide for the drawing of a grand jury and
the length of the terms of said grand jury; to provide an effective date;
to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
535
Be it enacted by the General Assembly of Georgia:
Section 1. An Act approved March 13,1957 (Ga. L. 1957, p. 629),
as amended by an Act approved March 21,1958 (Ga. L. 1958, p. 182),
prescribing the terms of superior court to be held in the Rome
Judicial Circuit, is amended by striking Section 2 of said Act, which
reads as follows:
Section 2. That the judge shall only draw a grand jury for the
January, May and September terms, provided that the judge in his
discretion may draw and require the attendance of a grand jury at any
term of said court, but the duties of the grand jury shall not require
them to perform any other service at such terms other than the
January, May and September terms than they shall be charged by the
presiding judge to attend to at such term.,
and inserting in its place a new Section 2 to read as follows:
Section 2. The judge shall draw a grand jury for the January
term of said court, said grand jury so drawn shall serve for the
January and March terms of said court; the judge shall draw a grand
jury for the May term of said court, said grand jury shall serve for the
May and July terms of said court; and the judge shall draw a grand
jury for the September term of said court, said grand jury so drawn
shall serve for the September and November terms of said court; the
duties of said grand jury shall be as prescribed by law.
Section 2. This Act shall become effective upon the beginning of
the May, 1982, term of the superior court of the Rome Judicial
Circuit.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
536
GENERAL ACTS AND RESOLUTIONS, VOL. I
CHATTAHOOCHEE JUDICIAL CIRCUIT TERMS
IN TAYLOR COUNTY.
Code Section 15-6-3 Amended.
No. 1049 (House Bill No. 1360).
AN ACT
To change the terms of the Superior Court of Taylor County in the
Chattahoochee Judicial Circuit; to amend the Official Code of
Georgia Annotated accordingly; to provide for effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. The terms of court of the Superior Court of Taylor
County in the Chattahoochee Judicial Circuit shall be the second
Mondays in February, June, and October.
Part 2
Section 2. Code Section 15-6-3 of the Official Code of Georgia
Annotated, relating to terms of court, is amended by striking sub-
paragraph (a)(8)(F) in its entirety and inserting in lieu thereof a new
subparagraph (F) to read as follows:
(F) Taylor County Second Mondays in February, June, and
October.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
537
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
PUBLIC REVENUE TIME OF MAKING TAX
RETURNS IN CERTAIN COUNTIES
(25,100 - 25,400).
Code Section 48-5-18 Amended.
No. 1053 (House Bill No. 1698).
AN ACT
To amend Code Section 48-5-18 of the Official Code of Georgia
Annotated, relating to the time for making tax returns, so as to change
the time for submitting tax returns 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 48-5-18 of the Official Code of Georgia
Annotated, relating to the time for making tax returns, is amended by
adding a new subsection (j) at the end thereof to read as follows:
(j) In all counties having a population of not less than 25,100
nor more than 25,400 according to the United States decennial census
of 1980 or any future such census, the local tax officials shall close
their books for the return of taxes on March 1 of each year.
Section 2. This Act shall become effective on November 1,1982.
538
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
ALCOVY JUDICIAL CIRCUIT COMPENSATION
OF COURT REPORTER.
No. 1054 (Senate Bill No. 746).
AN ACT
To amend an Act creating the Alcovy Judicial Circuit, approved
March 9,1972 (Ga. L. 1972, p. 152), as amended, so as to change the
salary and expenses of the official court reporter of said circuit; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Alcovy Judicial Circuit, approved
March 9, 1972 (Ga. L. 1972, p. 152), as amended, is amended by
striking Section 2A of said Act in its entirety and inserting in lieu
thereof a new Section 2A to read as follows:
Section 2A. (a) The judge of said court shall be authorized to
employ and engage a full-time court reporter. The court reporter
shall receive a salary of eight thousand four hundred dollars
($8,400.00) per annum to be paid in equal installments in the amount
of three hundred fifty dollars ($350.00) per month from the funds of
Walton County and three hundred fifty dollars ($350.00) per month
from the funds of Newton County. The compensation provided
herein shall be in lieu of per diem provided by law and for services of
reporting cases in said court.
(b) The official court reporter shall be paid, in addition to the
above-stated compensation, compensation for the preparation of
criminal trial transcripts in said court at the rate provided by law, and
GEORGIA LAWS 1982 SESSION
539
said compensation shall be paid by the governing authority of the
county having charge of the disposition of each such criminal case.
Copies thereof may be obtained at the rate of sixty cents (60$) per
page; provided, however, when the copies are requested by any state
or county officer, the copy shall be furnished at actual cost of the
duplication, and when duplicated by the officer, a copy shall be
furnished without expense.
(c) The court reporter of such court shall receive the sum of
twenty-four hundred dollars ($2,400.00) per annum for office sup-
plies, such sum to be equally divided and paid by the governing
authorities of Newton County and Walton County.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating the Alcovy Judicial Circuit, approved March 9,1972 (Ga. L.
1972, p. 152), as amended, so as to change the salary and expenses of
the official court reporter of said circuit; and for other purposes.
This 17 day of February 1982.
W. D. Ballard
Senator,
45th 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
540
GENERAL ACTS AND RESOLUTIONS, VOL. I
Walton County, on the following dates: Feb. 18 & 25,1982 & March 2,
1982.
M W. D. Ballard
Senator,
45th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating the Alcovy Judicial Circuit, approved March 9,1972 (Ga. L.
1972, p. 152), as amended, so as to change the salary and expenses of
the official court reporter of said circuit; and for other purposes.
This 9th day of February, 1982.
W. D. Ballard
Senator,
45th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Don Ballard who, on oath, deposes
and says that he/she is Senator from the 45th District, and that the
GEORGIA LAWS 1982 SESSION
541
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: Feb. 18 & 21,1982 & March 4,
1982.
/s/ W. D. Ballard
Senator,
45th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12, 1982.
SPECIAL PURPOSE GRAND JURIES IN CERTAIN
COUNTIES (70,000 OR MORE).
Code Sections 59-601A, 15-12-102 Amended.
No. 1067 (House Bill No. 1158).
AN ACT
To amend Code Chapter 59-6A, relating to special purpose grand
juries for certain counties, as amended by an Act approved March 31,
1976 (Ga. L. 1976, p. 982), so as to provide that said Code chapter
shall apply within certain consolidated city-county governments; to
amend Part 2 of Article 4 of Chapter 12 of Title 15 of the Official Code
of Georgia Annotated, relating to special purpose grand juries, so as to
542
GENERAL ACTS AND RESOLUTIONS, VOL. I
provide therein for the same changes described above; to provide
effective dates; to provide for specific repeal on a certain date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 59-6A, relating to special purpose
grand juries for certain counties, as amended by an Act approved
March 31, 1976 (Ga. L. 1976, p. 982), is amended by striking Code
Section 59-601A, relating to applicability and construction, in its
entirety and substituting in lieu thereof a new Code Section 59-601A
to read as follows:
59-601A. Applicability and Construction. The provisions of this
Code Chapter shall apply only to grand juries of counties and
consolidated city-county governments of this State having a popula-
tion of 70,000 or more according to the United States Decennial
Census of 1970 or any future such census. Except as otherwise
provided by this Code Chapter, the provisions of law relative to grand
juries shall apply to the grand juries provided for by this Code
Chapter.
Part 2
Section 2. Part 2 of Article 4 of Chapter 12 of Title 15 of the
Official Code of Georgia Annotated, relating to special purpose grand
juries, is amended by striking Code Section 15-12-102, relating to
applicability, in its entirety and substituting in lieu thereof a new
Code Section 15-12-102 to read as follows:
15-12-102. This part shall apply only to grand juries of counties
and consolidated city-county governments of this state having a
population of 70,000 or more according to the United States decennial
census of 1970 or any future such census. Except as otherwise
provided by this part, the law relative to grand juries shall apply to
the grand juries provided for by this part.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
GEORGIA LAWS 1982 SESSION
543
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 12,1982.
VACANCIES IN OFFICE OF TAX COMMISSIONER
IN CERTAIN COUNTIES (160,000 - 169,000).
Code Section 48-5-100.1 Enacted.
No. 1068 (House Bill No. 1168).
AN ACT
To amend Chapter 5 of Title 48 of the Official Code of Georgia
Annotated, relating to ad valorem taxation of property, so as to
provide for the filling of vacancies in the office of tax commissioner in
all counties of this state having a population of not less than 160,000
and not more than 169,000 according to the United States decennial
census of 1980 or any future such census; to provide for terms; to
provide for elections; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 5 of Title 48 of the Official Code of Georgia
Annotated, relating to ad valorem taxation of property, is amended
by adding between Code Sections 48-5-100 and 48-5-101 in Article 3 a
new Code section, to be designated Code Section 48-5-100.1, to read
as follows:
544
GENERAL ACTS AND RESOLUTIONS, VOL. I
48-5-100.1. Notwithstanding any other provisions of law, in all
counties of this state having a population of not less than 160,000 and
not more than 169,000 according to the United States decennial
census of 1980 or any future such census, upon the death, resignation,
incapacity, or inability of the tax commissioner of any such county to
serve, the chief clerk of such tax commissioner shall assume the duties
of the office. Such chief clerk shall serve until such time as the
incapacity or inability of the tax commissioner is removed or until the
next succeeding general election, whichever occurs first. The chief
clerk shall receive no additional compensation for performing the
duties of the tax commissioner except in cases involving the death or
resignation of the tax commissioner, in which case the chief clerk shall
receive the same compensation, paid in the same manner, as the tax
commissioner would have received. Unless the incapacity or inability
of the tax commissioner is removed prior to the next succeeding
general election, a duly qualified person shall be elected as tax
commissioner; and such person so elected shall serve for the remain-
der of the unexpired term of office.
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
VACANCIES IN OFFICE OF JUDGE OF PROBATE
COURT IN CERTAIN COUNTIES
(160,000 - 169,000).
Code Section 15-9-11.1 Enacted.
No. 1069 (House Bill No. 1169).
AN ACT
To amend Title 15 of the Official Code of Georgia Annotated,
relating to courts, so as to provide for the filling of vacancies in the
GEORGIA LAWS 1982 SESSION
545
offices of judge of the probate court and sheriff in all counties of this
state having a population of not less than 160,000 and not more than
169,000 according to the United States decennial census of 1980 or
any future such census; to provide for successors; to provide for terms;
to provide for elections; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 15 of the Official Code of Georgia Annotated,
relating to courts, is amended by adding between Code Sections 15-9-
11 and 15-9-12 a new Code section, to be designated Code Section 15-
9-11.1, to read as follows:
15-9-11.1. Notwithstanding the provisions of Code Sections 15-
9-10 and 15-9-11, in all counties of this state having a population of
not less than 160,000 and not more than 169,000 according to the
United States decennial census of 1980 or any future such census,
upon the death, resignation, incapacity, or inability of the judge of the
probate court of any such county to serve, the chief clerk of such judge
shall assume the duties of the office. Such chief clerk shall serve until
such time as the incapacity or inability of such judge is removed or
until the next succeeding general election, whichever occurs first.
The chief clerk shall receive no additional compensation for perform-
ing the duties of such judge except in cases involving the death or
resignation of such judge, in which case the chief clerk shall receive
the same compensation, paid in the same manner, as such judge
would have received. Unless the incapacity or inability of such judge
is removed prior to the next succeeding general election, a duly
qualified person shall be elected as judge; and such person so elected
shall serve for the remainder of the unexpired term of office.
Section 2. Said title is further amended by adding at the end of
Code Section 15-16-8, relating to vacancies in the office of sheriff, a
new subsection (c) to read as follows:
(c) Notwithstanding any other provisions of law, in all counties
of this state having a population of not less than 160,000 and not more
than 169,000 according to the United States decennial census of 1980
546
GENERAL ACTS AND RESOLUTIONS, VOL. I
or any future such census, upon the death, resignation, incapacity, or
inability of the sheriff of any such county to serve, the chief deputy of
such sheriff shall assume the duties of the office. Such chief deputy
shall serve until such time as the incapacity or inability of the sheriff
is removed or until the next succeeding general election, whichever
occurs first. The chief deputy shall receive no additional compensa-
tion for performing the duties of the sheriff except in cases involving
the death or resignation of the sheriff, in which case the chief deputy
shall receive the same compensation, paid in the same manner, as the
sheriff would have received. Unless the incapacity or inability of the
sheriff is removed prior to the next succeeding general election, a duly
qualified person shall be elected as sheriff; and such person so elected
shall serve for the remainder of the unexpired term of office.
Section 3. This Act shall become effective November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
SOUTHWESTERN JUDICIAL CIRCUIT TERMS IN
SUMTER COUNTY.
Code Section 15-6-3 Amended.
No. 1072 (House Bill No. 1181).
AN ACT
To amend Code Section 15-6-3 of the Official Code of Georgia
Annotated, relating to the terms of superior courts, so as to change
the terms of court for Sumter County in the Southwestern Judicial
Circuit; to provide an effective date; to repeal conflicting laws; and for
other purposes.
GEORGIA LAWS 1982 SESSION
547
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 15-6-3 of the Official Code of Georgia
Annotated, relating to the terms of superior courts, is amended by
striking subparagraph (E) of paragraph (36) of subsection (a) of said
Code section in its entirety and inserting in lieu thereof a new
subparagraph (E) to read as follows:
(E) Sumter County Fourth Monday in February, May, and
August and the Monday following the fourth Thursday in Novem-
ber.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
DUBLIN JUDICIAL CIRCUIT GRAND JURIES.
No. 1075 (House Bill No. 1197).
AN ACT
To amend an Act creating the Dublin Judicial Circuit, approved
August 18,1911 (Ga. L. 1911, p. 81), as amended, particularly by an
Act approved August 16,1912 (Ga. L. 1912, p. 101), an Act approved
March 13,1957 (Ga. L. 1957, p. 484), and an Act approved March 17,
1958 (Ga. L. 1958, p. 125), so as to provide that certain grand juries of
counties in that circuit may serve and be convened for a second
consecutive term of court; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
548
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. An Act creating the Dublin Judicial Circuit, approved
August 18, 1911 (Ga. L. 1911, p. 81), as amended, particularly by an
Act approved August 16,1912 (Ga. L. 1912, p. 101), an Act approved
March 13,1957 (Ga. L. 1957, p. 484), and an Act approved March 17,
1958 (Ga. L. 1958, p. 125), is amended by striking from Section 6
thereof the following:
Provided, however, that the grand juries of the counties of this
circuit shall not be convened except for the Spring and Fall terms of
the Court, unless in the discretion of the presiding Judge it shall be
deemed expedient to call a special session of the grand jury at some
other term.,
and inserting in its place the following:
Notwithstanding any other provisions of law to the contrary, the
grand jury of any county of the Dublin Judicial Circuit may, at the
discretion of the senior judge of that circuit, serve and be convened
for a second consecutive term of the superior court of that county if
the two terms during which that grand jury served do not exceed six
months.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
JURY CLERKS IN CERTAIN COUNTIES
(175,000 - 185,000).
Code Sections 59-104, 15-12-23 Amended.
No. 1077 (House Bill No. 1229).
AN ACT
To amend Code Section 59-104, relating to the clerk of the board
of jury commissioners, so as to provide in certain counties of the state
GEORGIA LAWS 1982 SESSION
549
that the chief judge of the superior court of said counties shall be
authorized and empowered to appoint a jury clerk and such other
necessary personnel; to provide for the duties of such clerk and
personnel; to provide for their salaries and expense; to provide for
other matters relative to the foregoing; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Section 59-104, relating to the clerk of the board
of jury commissioners, is amended by striking said Code section in its
entirety and inserting in lieu thereof a new Code Section 59-104 to
read as follows:
59-104. (a) Except as provided in subsection (b), the clerk of the
superior court shall be the clerk of the board of commissioners and
shall perform all the clerical duties required by law. Before entering
upon the performance of his duties as clerk of the board, he shall take
an oath before the judge of the probate court to discharge faithfully
his duties as required by law and never to divulge any of the
proceedings and deliberations of the jury commissioners unless com-
pelled to testify thereof in some court in this state.
(b) (1) In all counties of this state having a population of not
less than 175,000 and not more than 185,000 according to the
United States decennial census for 1980 or any such future census,
the chief judge of the superior court of such counties shall have the
power to appoint a jury clerk and such other personnel as may be
deemed necessary or advisable to dispatch the work of the court,
and the appointments to these positions and the compensation
therefor shall be determined by said judge without regard to any
other system or rules, said personnel to serve at the pleasure of
said judge, and the salaries and expenses thereof, and any atten-
dant expense of administration of the courts are determined to be
contingent expense of court, and shall be paid as provided by law
for the payment of contingent expenses. The duties of said person-
nel shall be as prescribed by said judge.
550
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) All prospective jurors in such counties shall be required
to answer questionnaires as may be determined and submitted by
said chief judge of such counties concerning their qualifications as
jurors.
(3) In the event any such person fails or refuses to answer
such questionnaire, the aforesaid jury clerk shall report such
failure or refusal to the court, together with the facts concerning
the same, and the court shall have such jurisdiction as is now
provided by law for subpoena, attachment, and contempt powers.
(4) This subsection shall be in addition and supplemental to
other provisions provided by law with a view toward efficient and
orderly handling of jury selection and the administration of
justice.
Part 2
Section 2. Code Section 15-12-23 of the Official Code of Georgia
Annotated, relating to the clerk of the board of jury commissioners, is
amended by striking said Code section in its entirety and inserting in
lieu thereof a new Code Section 15-12-23 to read as follows:
15-12-23. (a) Except as provided in subsection (b), the clerk of
the superior court shall be the clerk of the board of commissioners
and shall perform all the clerical duties required by law. Before
entering upon the performance of his duties as clerk of the board, he
shall take an oath before the judge of the probate court to discharge
faithfully his duties as required by law and never to divulge any of the
proceedings and deliberations of the jury commissioners unless com-
pelled to testify thereof in some court in this state.
(b) (1) In all counties of this state having a population of not
less than 175,000 and not more than 185,000 according to the
United States decennial census for 1980 or any such future census,
the chief judge of the superior court of such counties shall have the
power to appoint a jury clerk and such other personnel as may be
deemed necessary or advisable to dispatch the work of the court,
and the appointments to these positions and the compensation
therefor shall be determined by said judge without regard to any
other system or rules, said personnel to serve at the pleasure of
said judge, and the salaries and expenses thereof, and any atten-
dant expense of administration of the courts are determined to be
GEORGIA LAWS 1982 SESSION
551
contingent expense of court, and shall be paid as provided by law
for the payment of contingent expenses. The duties of said person-
nel shall be as prescribed by said judge.
(2) All prospective jurors in such counties shall be required
to answer questionnaires as may be determined and submitted by
said chief judge of such counties concerning their qualifications as
jurors.
(3) In the event any such person fails or refuses to answer
such questionnaire, the aforesaid jury clerk shall report such
failure or refusal to the court, together with the facts concerning
the same, and the court shall have such jurisdiction as is now
provided by law for subpoena, attachment, and contempt powers.
(4) This subsection shall be in addition and supplemental to
other provisions provided by law, with a view toward efficient and
orderly handling of jury selection and the administration of
justice.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
552
GENERAL ACTS AND RESOLUTIONS, VOL. I
PROBATE COURT FEES IN CERTAIN COUNTIES
(25,400 - 25,900).
Code Sections 24.1716.2, 15-9-60(e) Enacted.
No. 1080 (House Bill No. 1246).
AN ACT
To amend Code Chapter 24-17, relating to powers, election,
qualification, and fees of judges of the probate courts, as amended, so
as to provide that in all counties of this state having a population of
not less than 25,400 nor more than 25,900 according to the United
States decennial census of 1980 or any future such census the fees of
the judges of the probate courts shall be of a different and certain
sum; to amend the Official Code of Georgia Annotated accordingly; to
provide effective dates; to provide for automatic repeal of certain
provisions of this Act; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Chapter 24-17, relating to powers, election,
qualification, and fees of judges of the probate courts, as amended, is
amended by adding between Code Sections 24-1716.1 and 24-1717 a
new Code section, to be designated Code Section 24-1716.2, to read as
follows:
24-1716.2. Probate court costs in certain counties. In all counties
of this state having a population of not less than 25,400 nor more than
25,900 according to the United States decennial census of 1980 or any
future such census, the judges of the probate courts are entitled to the
following court costs for specific services:
(1) Temporary letters of
administration:
Receiving applications; docketing
and filing applications; ser-
vices in determining necessity
for temporary administration
and entitlement of petitioner
or other nominee thereto; order
GEORGIA LAWS 1982 SESSION
553
appointing bond, taking, ap-
proving and tiling; issuing
oath; and issuing letters;
excluding recording cost.....................$ 58.00
(2) Permanent letters of
administration:
Receiving applications; docketing
and tiling applications; grant-
ing and issuing citation and
copy for legal gazette; ser-
vices in determining statutory
compliance in publication of
citation, residence and intes-
tacy of deceased, necessity for
administration, and entitlement
of petitioner or other nominee
thereto; order of appointment;
bond, taking, approving, and
tiling; issuing oath; and
issuing letters; excluding
recording cost............................... 65.00
(3) Cost of probating wills in common
form:
Receiving and tiling will; receiv-
ing application; docketing and
tiling application; hearing
evidence on probate and deter-
mining issue of devisavit vel
non; order of probate and ap-
pointing executor; and issuing
letters; excluding recording
cost......................................... 46.00
(4) Cost of probating wills in solemn
form:
Filing will for purpose of pro-
bating in solemn form; receiv-
ing application; docketing and
tiling application; order for
service, including all citations
issued in connection therewith;
hearing evidence upon the pro-
bate and determining issue of
devisavit vel non; order of pro-
bate and appointing executor (or
554
GENERAL ACTS AND RESOLUTIONS, VOL. I
order denying same); oath of
executor; and issuing letters;
excluding recording cost.........
(5) Guardian ad litem (in probate of
wills in solemn form and in all
other proceedings where such is
necessary):
Services in determining necessity
for the appointment of guardian
ad litem; receiving and examin-
ing answer of guardian ad litem;
and copy of service; excluding
recording cost......................
(6) Letters of guardianship of minors
(includes temporary and perma-
nent guardianships of the person
or property):
Receiving application; docketing
and filing application and is-
suing all necessary citations,
if any; services in determining
necessity therefor and entitle-
ment of petitioner or other
nominee thereto; order appoint-
ing guardian; bond, taking, ap-
proving, and filing (person or
property); issuing oath; and
issuing letters; excluding
recording cost......................
(7) Years support:
All service of the probate court
(except sheriff services and
advertising), excluding
recording cost......................
Recording certificate in superior
court shall be $3.00 for the
first page and $2.00 for each
additional page.
(8) Conveying or encumbering a years
support:
Whole service, excluding record-
ing cost............................
58.00
20.00
50.00
56.50
39.00
GEORGIA LAWS 1982 SESSION
555
(9) Division in kind:
Receiving application; docketing
and filing application; order
appointing freeholders; com-
mission to freeholders; and re-
cording plat (see clerks fees);
excluding recording cost..................... 34.50
(10) Compromise claim:
Receiving application; docketing
and filing application; ser-
vices in hearing evidence for
determination of the matter;
and fined order; excluding
recording cost............................. 19.00
(11) ReturnsAnnual and final:
Receiving return; filing, docket-
ing, and examining annual and
final returns of executors,
administrators, guardians, and
trustees; oath; and order ad-
mitting, return to record:
Of all estates worth not more
than $5,000.00, excluding
recording cost.............................. 28.00
Of all estates worth more than
$5,000.00, excluding record-
ing cost...................................... 36.00
(12) Dismission of administrator,
executor, or guardian:
Receiving application; docketing
and filing application; grant-
ing citation; services in de-
termining statutory compliance
in publication of citation and
entitlement of applicant to
dismission; and issuing let-
ters; excluding recording cost................... 56.50
(13) Habeas corpus:
Receiving application; docketing
and filing application; issu-
ance of writ; and filing an-
swer of respondent; excluding
recording cost................................... 51.50
556
GENERAL ACTS AND RESOLUTIONS, VOL. I
(14) Order of title:
Receiving application; docketing
and filing application; grant-
ing citation; hearing evidence
and determining matter; and
order; excluding recording
cost.....'..................................... 15.00
(15) Establishment of lost papers:
Receiving application; docketing
and filing application; grant-
ing citation or notice; and
order; excluding recording
cost......................................... 15.00
(16) Constitutional homesteads:
For the whole service in setting
apart of homestead of realty
and personalty when not liti-
gated.......................................... 15.00
Where objections or demurrer is
filed and heard, in addition
to the proceedings........................... 5.00
Surveyor, actual charge made
(not included in fee base)...
(17) Statutory homestead (pursuant
to Code Section 51-1301):
For whole services in setting
apart short homestead
exemption................................ 15.00
(18) Nonwaiverable homestead exemption
(pursuant to Code Section
51-1103):
Short homestead, $300.00 limit............. 4.00
(19) Mental illness (petition to
determine the issue of
hospitalization under Code
Section 88-506.4):
For whole service in connection
with each mental illness case................. 40.00
For services when petition filed
but subsequently withdrawn or
dismissed before hearing................... 20.00
GEORGIA LAWS 1982 SESSION
557
(20) Letters of guardianship for men-
tally ill, mentally retarded,
or mentally incompetent:
For whole service, including
hearing ($40.00) and appoint-
ment of guardianship ($28.50)........... 68.50
(21) Inventory and appraisement:
Whole service for inventory,
excluding recording cost...................... 7.50
Whole service for appraisement,
excluding recording cost........................ 7.50
(22) Sale of realty, personalty, or
perishable property under
administration or guardianship:
Sale of perishable personalty,
excluding recording cost..................... 40.00
(23) Leave of sale of realty and
nonperishable personalty:
Public sale...................................... 37.00
Private sale..................................... 51.50
(24) Sale bill:
Whole service for same,
excluding recording cost....................... 3.00
(25) No administration:
Receiving application; filing and
docketing same; granting and
issuing citation and copy for
legal gazette; service in deter-
mining statutory compliance in
publication of citation, intes-
tacy of decedent, his heirs and
being sui juris, property of
decedent, no debts, and agree-
ment to amicably divide estate,
etc.; and issuing order of No
Administration Necessary;
excluding recording cost..................... 44.00
(26) Petition for attorneys fee:
Receiving application; filing and
docketing the same; services in
hearing and determining allega-
tions of applications; and
558
GENERAL ACTS AND RESOLUTIONS, VOL. I
order; excluding recording
cost........................................... 25.00
(27) Public safety patrol trial:
Holding trial...................................... 6.50
Receiving written application
for warrant........................................ 3.50
(28) Petition for change of birth
certificate:
Whole service for same............................ 25.00
(b) The judges of the probate courts are entitled to the following
court costs for general services:
(1) Recording, per page..........................$ 1.50
(2) All pleadings, amendments,
motions, etc., excluding
recording cost, per page.................... 2.50
(3) Photostatic copies (for use as
plain copies or as parts of
cert, copies), per page..........................25
(4) All contested hearings (uncon-
tested hearings included in
base fee), per day........................... 20.00
(5) All contested hearings (uncon-
tested hearings included in
base fee), per one-half day
or less.................................... 10.00
(6) Exemplified copies, base fee................... 3.00
Cost per page.............................|| .25
(c) The judges of the probate courts are entitled to the following
court costs for miscellaneous services:
(1) Applicant to pay all publications
costs of citations, notices,
etc., at the usual legal rate,
in all manner when such re-
quired. For receiving any ap-
plication, petition, or case
where no costs are prescribed.................$ 8.00
(2) For every case litigated before
the judge of the probate court
GEORGIA LAWS 1982 SESSION
559
where no costs are prescribed,
per day......................................... 20.00
(3) For every case litigated before
the judge of the probate court
where no costs are prescribed,
per one-half day minimum
charge.......................................... 10.00
(4) For filing and docketing any
application, petition, or case
where no costs are prescribed................. 8.00
(5) For every order passed where no
costs are prescribed (provided
that no fee shall be charged
for drawing checks, orders,
drafts, or warrants on the
county treasury or county
depository.................................. 1.00
(6) For each affidavit where no
case is pending before the
judge of the probate court.......................50
(7) For issuing process against a
person for not making return................ 10.00
(8) For rule nisi................................ 10.00
(9) For each subpoena................................50
(10) For hearing election contests,
to be taxed as cost per day................. 20.00
(11) For certificate of residency.................. 3.50
(12) For recording marks and brands................ 5.00
(13) For bond when necessary....................... 4.00
(14) For recording vouchers......................... 25
(15) Base fee for entering an appeal
and transmitting tbe proceed-
ing to superior court......................... 5.00
Cost per page of document..................... 1.50
(Provided, however, that where a
transcript of the evidence and
proceedings is filed with the
court and does not require re-
copying, the court shall not
receive $1.50 per page for the
transcript of evidence.)
(16) For filing and recording an
official bond of county
560
GENERAL ACTS AND RESOLUTIONS, VOL. I
officers (to be paid by
county)........................................... 3.00
(17) For taking and recording oath
of county officer (to be paid
by county)...................................... 5.00
(18) For each fi. fa. issued by the
clerk of the probate court........................ 3.00
(19) For seal and certificate......^................... 3.00
(20) Disabled veterans, certificate
of eligibility, filing fee...................... 3.00
(21) For every explosive permit..................... 20.00
(22) For every peddlers license...................... 3.00
(23) For certified copy of letters of
administration, letters testa-
mentary, or guardianship, in-
cluding seal and certificate...................... 3.00
(24) For services in making settlement
of accounts of executors, ad-
ministrators, and guardians
(when contested)............................... 20.00
(25) For registration of corporation,
business profession, or
commodity subject to special
tax, each....................................... 1.00
(26) For every pistol license issued.................. 20.00
(27) For preparing all papers, appoint-
ing managers, consolidating
returns in general and special
election, each ballot box........................ 30.00
(28) For petition for removal or
accounting by any fiduciary
(whole service does not in-
clude costs of certified or
registered mail, sheriffs
service or advertising; base
cost does not include a
certified copy)................................ 25.00
(29) For examining book and giving
extract or fact that infor-
mation sought is not therein................. 1.50
(30) For safekeeping a will......................... 5.00
GEORGIA LAWS 1982 SESSION
561
(31) For petition to encroach if
amount of encroachment is
$500.00 or less............................. 15.00
(32) For petition to encroach over
$500.00 .................................... 30.00
(33) For granting letters of
administration CTA, DBN,
or DBN-CTA, whole service.................... 40.00
(34) For granting letters to
successor executor........................... 51.50
(35) For petition to determine heirs................ 54.50
(36) For petition to enter
safe-deposit box............................. 10.00
(37) For receiving marriage appli-
cation, issuing marriage
license, and recording
(whole service).............................. 10.00
(38) For petition to accept funds for
custody of minors, incompe-
tents, and missing heirs (per-
centage of funds deposited)..................... 5%
(39) For every service required and
performed where no fees are
specified, the same fees
allowed the clerks of the
superior courts for similar
services for a like amount
of labor shall be allowed.
(d) The judges of the probate courts are entitled to an advance
t of $30.00 for deposit to be made before filing any proceeding,
sre required in accordance with Code Section 24-1716.1.
Part 2
Section 2. Chapter 9 of Title 15 of the Official Code of Georgia
notated, relating to probate courts, is amended by adding at the
l of Code Section 15-9-60 a new subsection, to be designated
section (e), to read as follows:
(e) Notwithstanding the provisions of subsection (a) of this
le section, in all counties of this state having a population of not
i than 25,400 nor more than 25,900 according to the United States
562
GENERAL ACTS AND RESOLUTIONS, VOL. I
decennial census of 1980 or any future such census, the judges of the
probate courts are entitled to the following court costs:
(1) For specific services:
(A) Temporary letters of
administration:
Receiving applications; docketing and
filing applications; services
in determining necessity
for temporary administra-
tion and entitlement of pe-
titioner or other nominee
thereto; order appointing
bond, taking, approving,
and filing; issuing oath; and
issuing letters; excluding
recording cost .... $ 58.00
(B) Permanent letters of
administration:
Receiving applications; docketing and
filing applications; granting
and issuing citation and
copy for legal gazette; ser-
vices in determining statu-
tory compliance in publica-
tion of citation, residence
and intestacy of deceased,
necessity for administra-
tion, and entitlement of pe-
titioner or other nominee
thereto; order of appoint-
ment; bond, taking, ap-
proving, and filing; issuing
oath; and issuing letters;
excluding recording cost
............................... 65.00
GEORGIA LAWS 1982 SESSION
563
(C) Cost of probating wills
in common form:
Receiving and filing will; receiving ap-
plication; docketing and
filing application; hearing
evidence on probate and
determining issue of
devisavit vel non; order of
probate and appointing ex-
ecutor; and issuing letters;
excluding recording cost
................................ 46.00
(D) Cost of probating wills
in solemn form:
Filing will for purpose of probating in
solemn form; receiving ap-
plication; docketing and
filing application; order for
service, including all cita-
tions issued in connection
therewith; hearing evidence
upon the probate and de-
termining issue of devisavit
vel non; order of probate
and appointing executor
(or order denying same);
oath of executor; and issu-
ing letters; excluding re-
cording cost................. 58.00
(E) Guardian ad. litem (in probate of wills
in solemn form and in all
other proceedings where
such is necessary):
Services in determining necessity for
the appointment of guard-
ian ad litem; receiving and
examining answer of guard-
564
GENERAL ACTS AND RESOLUTIONS, VOL. I
ian ad litem; and copy of
service; excluding recording
cost............... 20.00
(F) Letters of guardianship of minors (in-
cludes temporary and per-
manent guardianships of
the person or property):
Receiving application; docketing and
filing application and issu-
ing all necessary citations,
if any; services in deter-
mining necessity therefor
and entitlement of peti-
tioner or other nominee
thereto; order appointing
guardian; bond, taking, ap*
proving, and filing (person
or property); issuing oath;
and issuing letters; exclud-
ing recording cost. . 50.00
(G) Years support:
All service of the probate court (ex-
cept sheriff services and
advertising), excluding re-
cording cost....................... 56.50
Recording certificate in superior court
shall be $3.00 for the first
page and $2.00 for each addi-
tional page.
GEORGIA LAWS 1982 SESSION
565
(H) Conveying or encumbering a years
support:
Whole service, excluding recording
cost.......................... 39.00
(I) Division in kind:
Receiving application; docketing and
filing application; order ap-
pointing freeholders; com-
mission to freeholders; and
recording plat (see clerks
fees); excluding recording
cost.......................... 34.50
(J) Compromise claim:
Receiving application; docketing and
filing application; services
in hearing evidence for de-
termination of the matter;
and final order; excluding
recording cost ............... 19.00
(K) ReturnsAnnual and final:
Receiving return; filing; docketing,
and examining annual and
final returns of executors,
administrators, trustees,
and guardians; oath; and
order admitting, return to
record:
566
GENERAL ACTS AND RESOLUTIONS, VOL. I
Of all estates worth not more than
$5,000.00, excluding
recording cost...................28.00
Of all estates worth more than
$5,000.00, excluding
recording cost........36.00
(L) Dismission of administrator,
executor, or guardian:
Receiving application; docketing and
filing application; granting
citation; services in deter-
mining statutory compli-
ance in publication of cita-
tion and entitlement of
applicant to dismission and
issuing letters; excluding
recording cost ................... 56.50
(M) Habeas corpus:
Receiving application; docketing and
filing application; issuance
of writ; and filing answer of
respondent; excluding re-
cording cost..................... 51.50
(N) Order of title:
Receiving application; docketing and
filing application; granting
citation; hearing evidence
and determining matter;
and order; excluding re-
cording cost....................... 15.00
GEORGIA LAWS 1982 SESSION
567
(O) Establishment of lost
papers:
Receiving application; docketing and
filing application; granting
citation or notice; and or-
der; excluding recording
cost............................ 15.00
(P) Constitutional homesteads:
For the whole service in setting apart
of homestead of realty and
personalty when not
litigated....................... 15.00
Where objections or demurrer is filed and
heard, in addition to the pro-
ceedings.......................... 5.00
Surveyor, actual charge made (not
included in fee base)...............
(Q) Statutory homestead (pursuant to Code
Section 44-13-100):
For whole services in setting apart short
homestead exemption.. 15.00
(R) Nonwaiverable homestead exemption
(pursuant to Code Section
44-13-42):
Short homestead, $300.00 limit
4.00
568
GENERAL ACTS AND RESOLUTIONS, VOL. I
(S) Mental illness (petition to determine the
issue of hospitalization under
Chapter 3 of Title 37):
For whole service in connection with each
mental illness case..............40.00
For services when petition filed but subse-
quently withdrawn or dis-
missed before hearing.. 20.00
(T) Letters of guardianship for mentally ill,
mentally retarded, or men-
tally incompetent:
For whole service, including hearing
($40.00) and appointment of
guardianship ($28.50).. 68.50
(U) Inventory and appraisement:
Whole service for inventory, excluding
recording cost........ 7.50
Whole service for appraisement, exclud-
ing recording cost................ 7.50
(V) Sale of realty, personalty, or perishable
property under administra-
tion or guardianship:
Sale of perishable personalty, excluding
recording cost........40.00
(W) Leave of sale of realty and
nonperishable personalty:
Public sale...................... 37.00
Private sale..................... 51.50
GEORGIA LAWS 1982 SESSION
569
(X) Sale bill:
Whole service for same, excluding record-
ing cost........................... 3.00
(Y) No administration:
Receiving application; filing and dock-
eting same; granting and
issuing citation and copy
for legal gazette; service in
determining statutory com-
pliance in publication of ci-
tation, intestacy of dece-
dent, his heirs and being
sui juris, property of dece-
dent, no debts, and agree-
ment amicably to divide
estate, etc.; and issuing or-
der of No Administration
Necessary; excluding re-
cording cost..................... 44.00
(Z) Petition for attorneys fee:
Receiving application; filing and dock-
eting the same; services in
hearing and determining
allegations of applications;
and order; excluding re-
cording cost........ 25.00
(AA) Public safety patrol trial:
Holding trial..................... 6.50
Receiving written application
for warrant................. 3.50
(BB) Petition for change of birth certificate:
Whole service for same........................25.00
570
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) For general services:
(A) Recording, per page.............$ 1.50
(B) All pleadings, amendments, motions,
etc., excluding recording cost,
per page............... 2.50
(C) Photostatic copies (for use as plain
copies or as parts of cert,
copies), per page.........25
(D) All contested hearings (uncontested
hearings included in base
fee), per day..........20.00
(E) All contested hearings (uncontested
hearings included in base
fee), per one-half day or less...
10.00
(F) Exemplified copies, base fee... 3.00
Cost per page.....................25
(3) For miscellaneous services:
(A) Applicant to pay all publications costs
of citations, notices, etc., at
the usual legal rate, in all
manner when such re-
quired. For receiving any
application, petition, or
case where no costs are
prescribed............ $ 8.00
(B) For every case litigated before the judge
of the probate court where no
costs are prescribed, per day..
20.00
GEORGIA LAWS 1982 SESSION
571
(C) For every case litigated before the
judge of the probate court
where no costs are pre-
scribed, per one-half day
minimum charge . . . 10.00
(D) For filing and docketing any application,
case, or petition where no
costs are prescribed... 8.00
(E) For every order passed where no costs
are prescribed, provided
that no fee shall be charged
for drawing checks, orders,
drafts, or warrants on the
county treasury or county
depository............. 1.00
(F) For each affidavit where no case is pend-
ing before the judge of the
probate court.............50
(G) For issuing process against a person for
not making return...... 10.00
(H) For rule nisi.................... 10.00
(I) For each subpoena....................50
(J) For hearing election contests, to be taxed
as cost per day........20.00
(K) For certificate of
residency........................ 3.50
(L) For recording marks and brands.... 5.00
(M) For bond when necessary........... 4.00
572
GENERAL ACTS AND RESOLUTIONS, VOL. I
(N) For recording vouchers.............25
(O) Base fee for entering an appeal and
transmitting the proceeding
to superior court..... 5.00
Cost per page of document........ 1.50
(Provided, however, that where a
transcript of the evidence
and proceedings is filed
with the court and does not
require recopying, the
court shall not receive
$1.50 per page for the tran-
script of evidence.)
(P) For filing and recording an official bond
of county officers (to be paid
by county)............. 3.00
(Q) For taking and recording oath of county
officer (to be paid by county).
5.00
(R) For each fi. fa. issued by the clerk of the
probate court............ 3.00
(S) For seal and certificate............. 3.00
(T) Disabled veterans, certificate of eligibil-
ity, filing fee.......... 3.00
(U) For every explosive permit..........20.00
(V) For every peddlers
license............................. 3.00
(W) For certified copy of letters of admin-
istration, letters testamen-
tary, or guardianship, in-
cluding seal and certificate
..................... 3.00
GEORGIA LAWS 1982 SESSION
573
(X) For services in making settlement of
accounts of administrators,
executors, and guardians
(when contested). . . 20.00
(Y) For registration of corporation, business
profession, or commodity
subject to special tax, each.
1.00
(Z) For every pistol license issued..20.00
(AA) For preparing all papers, appointing
managers, consolidating re-
turns in general and special
election, each ballot box
...................................... 30.00
(BB) For petition for removal or accounting
by any fiduciary (whole
service does not include
costs of certified or regis-
tered mail, sheriffs service
or advertising; base cost
does not include a certified
copy)................................. 25.00
(CC) For examining book and giving extract
or fact that information
sought is not therein.................. 1.50
(DD) For safekeeping a will............ 5.00
(EE) For petition to encroach if amount of
encroachment is $500.00 or
less.................................. 15.00
574
GENERAL ACTS AND RESOLUTIONS, VOL. I
(FF) For petition to encroach over $500.00...
30.00
(GG) For granting letters of administration
CTA, DBN, or DBN-CTA,
whole service..........40.00
(HH) For granting letters to successor execu-
tor 51.50
(II) For petition to determine heirs...54.50
(JJ) For petition to enter safe-deposit box.
10.00
(KK) For receiving marriage application, is-
suing marriage license, and
recording (whole service)
...................................... 10.00
(LL) For petition to accept funds for cus-
tody of minors, incompe-
tents, and missing heirs
(percentage of funds
deposited).............................. 5%
(MM) For every service required and per-
formed where no fees are
specified, the same fees al-
lowed the clerks of the su-
perior courts for similar
services for a like amount
of labor shall be allowed.
The judges of the probate courts in such counties are entitled to an
advance cost of $30.00 for deposit to be made before filing any
proceeding, where required in accordance with Code Section 15-9-
61.
GEORGIA LAWS 1982 SESSION
575
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
PUBLIC REVENUE CODE AMENDED AS TO
CERTAIN COUNTIES (63,000 - 72,000).
Code Title 91A and Chapter 5 of Title 48
Amended.
No. 1105 (House Bill No. 1815).
AN ACT
To amend Code Title 91A, relating to public revenue and taxation,
as amended, so as to change the population classifications of provi-
sions affecting counties within this state having a population of not
less than 63,000 nor more than 72,000 according to the United States
decennial census of 1970 or any future such census; to amend the
Official Code of Georgia Annotated accordingly; to provide effective
dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
576
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 1
Section 1. Code Title 91 A, relating to public revenue and
taxation, as amended, is amended by striking subsection (h) of Code
Section 91A-1013, relating to the time for making tax returns, in its
entirety and substituting in lieu thereof a new subsection (h) to read
as follows:
(h) In all counties having a population of not less than 68,000
and not more than 75,000, according to the census, the officer
authorized to receive tax returns shall open his books for the return of
taxes on January 1 and shall close them on March 1 of each year.
Section 2. Said Code Title is further amended by striking the
second paragraph of subsection (a) of Code Section 91A-1111, relat-
ing to applications for homestead exemptions, in its entirety and
substituting in lieu thereof a new paragraph to read as follows:
In all counties having a population of not less than 68,000 and not
more than 75,000, 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 3. Said Code Title is further amended by striking
subsection (d) of Code Section 91A-1349, relating to interest on
unpaid taxes, in its entirety and substituting in lieu thereof a new
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 68,000 and not more than 75,000, 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 9lA-1361(a).
GEORGIA LAWS 1982 SESSION
577
Section 4. Said Code Title is further amended by striking Code
Section 91A-1431, relating to the presentation of returns to county
boards of tax assessors, in its entirety and substituting in lieu thereof
a new Code Section 91A-1431 to read as follows:
91A-1431. When tax receiver or tax commissioner shall present
returns to county board of tax assessors. Not later than April 11 in
each year the tax receiver or tax commissioner of each county shall
present the tax returns of the county for the current year to the
county board of tax assessors. In all counties having a population of
not less than 68,000 and not more than 75,000, according to the
census, the tax receiver or tax commissioner of each such county shall
present the tax returns of the county for the current year to the
county board of tax assessors not later than March 11th of that year.
Section 5. Said Code Title is further amended by striking Code
Section 91A-1444, relating to completion of revisions and assessments
of returns, in its entirety and substituting in lieu thereof a new Code
Section 91A-1444 to read as follows:
91A-1444. Revision and assessment to be completed when; digest
sent to commissioner. Each county board of tax assessors shall
complete its revision and assessment of the returns of taxpayers in its
respective county by June 1st of each year, except that in all counties
having a population of not less than 68,000 and not more than 75,000,
according to the census, the county board of tax assessors shall
complete its revision and assessment of the returns of taxpayers by
April 15th of each year. The tax receiver or tax commissioner shall
then immediately forward one copy of the completed digest to the
commissioner for examination and approval.
Section 6. Said Code Title is further amended by striking
subsection (a) of Code Section 91A-1924, relating to the issuance of
mobile home location permits and decals, in its entirety and substi-
tuting in lieu thereof a new subsection (a) to read as follows:
(a) Each year every owner of a mobile home subject to taxation
under the provisions of this Chapter shall obtain, on or before April 1,
from the tax collector or tax commissioner of the county of taxation of
the mobile home a mobile home location permit. The issuance of the
permit by the tax collector or tax commissioner shall be evidenced by
the issuance of a decal, the color of which shall be prescribed for each
year by the Commissioner. Each decal shall reflect the county of
578
GENERAL ACTS AND RESOLUTIONS, VOL. I
issuance and the calendar year for which the permit is issued. The
decal shall be prominently attached and displayed on the mobile
home by the owner. In all counties having a population of not less
than 68,000 and not more than 75,000, according to the census, every
owner of a mobile home shall obtain the permit provided for above on
or before March 1.
Section 7. Said Code Title is further amended by striking Code
Section 91A-1925, relating to the return of mobile homes for taxation
and the payment of taxes thereon, in its entirety and substituting in
lieu thereof a new Code Section 91A-1925 to read as follows:
91A-1925. Return for taxation; payment of due taxes. Each year
every owner of a mobile home subject to taxation under the provisions
of this Chapter shall return the mobile home for taxation, and shall
pay the taxes due on the mobile home, at the time the owner makes
application for the mobile home location permit, or at the time of the
first sale or transfer of the mobile home after December 31, or on
April 1, whichever occurs first. If the owner of a mobile home returns
his mobile home for taxation prior to the date that the application for
the mobile home location permit is required, he shall make applica-
tion for the permit at the time he returns the mobile home for
taxation. Except as is provided for mobile homes which are owned by
a dealer, no mobile home location permit shall be issued by the tax
collector or tax commissioner until all ad valorem taxes due on the
mobile home have been paid. In all counties having a population of
not less than 68,000 and not more than 75,000, according to the
census, the time for the return of mobile homes for taxation and the
payment of taxes thereon shall, in no case, be later than March 1.
Part 2
Section 8. Chapter 5 of Title 48 of the Official Code of Georgia
Annotated, relating to ad valorem taxation of property, is amended
by striking subsection (h) of Code Section 48-5-18, relating to the
time of making tax returns, in its entirety and substituting in lieu
thereof a new subsection (h) to read as follows:
(h) In all counties having a population of not less than 68,000
nor more than 75,000, according to the United States decennial
census of 1980 or any future such census, the officer authorized to
receive tax returns shall open his books for the return of taxes on
January 1 and shall close them on March 1 of each year.
GEORGIA LAWS 1982 SESSION
579
Section 9. Said chapter is further amended by striking subsec-
tion (b) of Code Section 48-5-45, relating to applications for home-
stead exemptions, in its entirety and substituting in lieu thereof a new
subsection (b) to read as follows:
(b) In all counties having a population of not less than 68,000
nor more than 75,000, according to the United States decennial
census of 1980 or any future such census, the written application and
schedule required in subsection (a) of this Code section shall be filed
on or before March 1 of the year in which exemption from taxation is
sought.
Section 10. Said chapter is further amended by striking subsec-
tion (d) of Code Section 48-5-148, relating to interest on unpaid taxes,
in its entirety and substituting in lieu thereof a new subsection (d) to
read as follows:
(d) Any provision of law except Code Section 48-5-511 to the
contrary notwithstanding, in each county having a population of not
less than 68,000 and not more than 75,000, according to the United
States decennial census of 1980 or any future such 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. On October 20 of each year, the local
tax officials shall issue executions against each delinquent or default-
ing taxpayer in their respective counties and shall otherwise comply
with subsection (a) of Code Section 48-5-161.
Section 11. Said chapter is further amended by striking subsec-
tion (b) of Code Section 48-5-301, relating to the time of presentation
of returns to the county board of tax assessors, in its entirety and
substituting in lieu thereof a new subsection (b) to read as follows:
(b) In all counties having a population of not less than 68,000
nor more than 75,000, according to the United States decennial
census of 1980 or any future such census, the tax receiver or tax
commissioner of each such county shall present the tax returns of the
county for the current year to the county board of tax assessors not
later than March 11 of that year.
Section 12. Said chapter is further amended by striking Code
Section 48-5-302, relating to the time for completion of revision and
assessment of returns, in its entirety and substituting in lieu thereof a
new Code Section 48-5-302 to read as follows:
580
GENERAL ACTS AND RESOLUTIONS, VOL. I
48-5-302. Each county board of tax assessors shall complete its
revision and assessment of the returns of taxpayers in its respective
county by June 1 of each year, except that in all counties having a
population of not less than 68,000 nor more than 75,000, according to
the United States decennial census of 1980 or any future such census,
the county board of tax assessors shall complete its revision and
assessment of the returns of taxpayers by April 15 of each year. The
tax receiver or tax commissioner shall then immediately forward one
copy of the completed digest to the commissioner for examination
and approval.
Section 13. Said chapter is further amended by striking subsec-
tion (a) of Code Section 48-5-492, relating to issuance of mobile home
location permits and decals, in its entirety and substituting in lieu
thereof a new subsection (a) to read as follows:
(a) Each year every owner of a mobile home subject to taxation
under this article shall obtain on or before April 1 from the tax
collector or tax commissioner of the county of taxation of the mobile
home a mobile home location permit. The issuance of the permit by
the tax collector or tax commissioner shall be evidenced by the
issuance of a decal, the color of which shall be prescribed for each year
by the commissioner. Each decal shall reflect the county of issuance
and the calendar year for which the permit is issued. The decal shall
be prominently attached and displayed on the mobile home by the
owner. In all counties having a population of not less than 68,000 nor
more than 75,000, according to the United States decennial census of
1980 or any future such census, every owner of a mobile home shall
obtain the permit provided for above on or before March 1.
Section 14. Said chapter is further amended by striking Code
Section 48-5-494, relating to returns of mobile homes for taxation and
the payment of taxes thereon, in its entirety and substituting in lieu
thereof a new Code Section 48-5-494 to read as follows:
48-5-494. Each year every owner of a mobile home subject to
taxation under this article shall return the mobile home for taxation
and shall pay the taxes due on the mobile home at the time the owner
applies for the mobile home location permit, or at the time of the first
sale or transfer of the mobile home after December 31, or on April 1,
whichever occurs first. If the owner returns his mobile home for
taxation prior to the date that the application for the mobile home
location permit is required, he shall apply for the permit at the time
GEORGIA LAWS 1982 SESSION
581
he returns the mobile home for taxation. Except as provided for
mobile homes owned by a dealer, no mobile home location permit
shall be issued by the tax collector or tax commissioner until all ad
valorem taxes due on the mobile home have been paid. In all counties
having a population of not less than 68,000 nor more than 75,000,
according to the United States decennial census of 1980 or any future
such census, the time for the return of mobile homes for taxation and
for the payment of taxes thereon shall in no case be later than March
m
Part 3
Section 15. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 16. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 12,1982.
DISTRICT ATTORNEYS COMPENSATION IN
CERTAIN COUNTIES (18,200 - 18,900)
(19,200 - 19,400).
No. 1130 (House Bill No. 1785).
AN ACT
To amend an Act providing that the governing authorities of all
counties having a population of not less than 18,200 and not more
than 18,900 according to the United States decennial census of 1970
582
GENERAL ACTS AND RESOLUTIONS, VOL. I
or any future such census shall supplement the compensation of
certain district attorneys, approved March 29,1971 (Ga. L. 1971, p.
230), so as to change 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. An Act providing that the governing authorities of all
counties having a population of not less than 18,200 and not more
than 18,900 according to the United States decennial census of 1970
or any future such census shall supplement the compensation of
certain district attorneys, approved March 29,1971 (Ga. L. 1971, p.
230), is amended by striking Section 1 in its entirety and substituting
in lieu thereof a new Section 1 to read as follows:
Section 1. The governing authorities of all counties in this State
having a population of not less than 19,200 and not more than 19,400,
according to the United States census of 1980, or any such future
census, shall supplement the compensation of the district attorney of
the judicial circuit in which each such county is located in the amount
of $85.00 per month from county funds.
Section 2. This Act shall become effective on July 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
PIEDMONT JUDICIAL CIRCUIT JUDGES
SUPPLEMENT FROM BANKS COUNTY.
No. 1142 (House Bill No. 1798).
AN ACT
To authorize the governing authority of Banks County to provide
for supplemental compensation for the judge of the superior court in
GEORGIA LAWS 1982 SESSION
583
the Piedmont Judicial Circuit; to provide for other matters relative to
the foregoing; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) The governing authority of Banks County, which
county is within the Piedmont Judicial Circuit, is authorized to
supplement the compensation of each superior court judge of the
Piedmont Judicial Circuit in an amount to be determined within the
discretion of the governing authority. Any such supplement shall be
paid in monthly installments from the funds of Banks County.
(b) Any supplement authorized by this Act shall be in addition
to the compensation, expenses, and allowances being received by the
superior court judge in the Piedmont Judicial Circuit from the State
of Georgia or any other source. Any supplement is made and declared
to be part of the expenses of the courts, and the power to levy a tax to
pay the same or to otherwise provide to pay the same is delegated to
the governing authority of said county.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intent to Introduce Local Legislation.
There will be legislation introduced in the 1982 session of the
General Assembly of Georgia for the purpose of enabling Banks
County to supplement the salary of the Superior Court Judge of
Banks County for acting as Juvenile Court Judge.
584
GENERAL ACTS AND RESOLUTIONS, VOL. I
Harold Watkins, Chairman
Banks County Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jack Irvin who, on oath, deposes and
says that he/she is Representative from the 10th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Banks County Journal which is the official organ
of Banks County, on the following dates: Feb. 10,17 & 24,1982.
/s/ Jack Irvin
Representative,
10th District
Sworn to and subscribed before me,
this 8th day of March, 1982.
/s/ Donna M. McLarin
Notary Public, Georgia State at Large.
My Commission Expires Nov. 4, 1985.
(Seal).
Approved April 12,1982.
GEORGIA LAWS 1982 SESSION
585
COMPENSATION OF CORONERS IN CERTAIN
COUNTIES (10,600 - 10,900).
Code Section 21-105 Amended.
No. 1146 (House Bill No. 1804).
AN ACT
To repeal an Act entitled An Act to amend Code Section 21-105
of the Code of Georgia of 1933, as amended, relating to the fees paid
Coroners, as amended, so as to change the compensation of Coroners
in certain counties; to repeal conflicting laws; and for other pur-
poses., approved April 28, 1969 (Ga. L. 1969, p. 878), as amended,
particularly by an Act approved April 13,1973 (Ga. L. 1973, p. 565),
an Act approved April 11, 1979 (Ga. L. 1979, p. 529), and an Act
approved March 25, 1980 (Ga. L. 1980, p. 1185); to provide an
effective date; to provide conditions 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 entitled An Act to amend Code Section 21-
105 of the Code of Georgia of 1933, as amended, relating to the fees
paid Coroners, as amended, so as to change the compensation of
Coroners in certain counties; to repeal conflicting laws; and for other
purposes., approved April 28,1969 (Ga. L. 1969, p. 878), as amended,
particularly by an Act approved April 13,1973 (Ga. L. 1973, p. 565),
an Act approved April 11, 1979 (Ga. L. 1979, p. 579), and an Act
approved March 25, 1980 (Ga. L. 1980, p. 1185), is 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; pro-
vided, however, that if an Act entitled An Act to place the coroner of
Lamar County on an annual salary in lieu of a fee system; to provide
for matters relative to the foregoing; to provide an effective date; to
provide conditions for an effective date; to repeal conflicting laws;
and for other purposes., does not pass the 1982 session of the General
Assembly and is not signed by the Governor or does not become law
without his signature, this Act shall be null and void and shall stand
repealed in its entirety.
586
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
ACT PROVIDING FOR LAW LIBRARIES AMENDED
AS TO CERTAIN COUNTIES (300,000 OR MORE).
Code Section 36-15-12 Enacted.
No. 1153 (Senate Bill No. 654).
AN ACT
To amend an Act authorizing counties to establish and maintain
law libraries, approved March 19, 1971 (Ga. L. 1971, p. 180), as
amended, particularly by an Act approved April 10,1973 (Ga. L. 1973,
p. 430), an Act approved March 24,1976 (Ga. L. 1976, p. 700), and an
Act approved April 9,1981 (Ga. L. 1981, p. 959), so as to provide that a
city court of any city of the state having a population of 300,000 or
more according to the 1980 United States decennial census or any
future such census shall not be required to collect any costs that may
be required by the foregoing Act; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to provide
for specific repeal; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act authorizing counties to establish and maintain
law libraries, approved March 19, 1971 (Ga. L. 1971, p. 180), as
amended, particularly by an Act approved April 10,1973 (Ga. L. 1973,
p. 430), an Act approved March 24,1976 (Ga. L. 1976, p. 700), and an
Act approved April 9, 1981 (Ga. L. 1981, p. 959), is amended by
adding immediately following Section 10A, a new Section 10B to read
as follows:
GEORGIA LAWS 1982 SESSION
587
Section 10B. Notwithstanding any other provision of this Act,
this Act shall not apply to a city court, which is authorized to try state
traffic offenses, of any city of this state having a population of 300,000
or more according to the United States decennial census of 1980 or
any future such census.
Part 2
Section 2. Chapter 15 of Title 36 of the Official Code of Georgia
Annotated, relating to county law libraries, is amended by adding at
the end thereof a new Code Section 36-15-12 to read as follows:
36-15-12. Notwithstanding any other provision of this chapter,
this chapter shall not apply to a city court, which is authorized to try
state traffic offenses, of any city of this state having a population of
300,000 or more according to the United States decennial census of
1980 or any future such census.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
1
588
GENERAL ACTS AND RESOLUTIONS, VOL. I
COMPENSATION OF COUNTY COMMISSIONERS IN
CERTAIN COUNTIES (12,300 - 12,400).
Code Section 36-5-23 Enacted.
No. 1159 (House Bill No. 1855).
AN ACT
To fix the compensation of the county commissioner of counties
having a population of not less than 12,300 and not more than 12,400;
to amend the Official Code of Georgia Annotated accordingly; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Notwithstanding any other provision of law, in all
counties having a population of not less than 12,300 or more than
12,400 according to the decennial census of 1980 or any future such
census, the county commissioner shall receive an annual salary equal
in amount to the salary of the sheriff of the county.
Part 2
Section 2. Article 2 of Chapter 5 of Title 36 of the Official Code
of Georgia Annotated, relating to county commissioners, is amended
by adding a new Code Section 36-5-23 to read as follows:
36-5-23. Notwithstanding any other provision of law, in all
counties having a population of not less than 12,300 or more than
12,400 according to the decennial census of 1980 or any future such
census, the county commissioner shall receive an annual salary equal
in amount to the salary of the sheriff of the county.
Part 3
Section 3. This Act shall become effective only if SB 528
introduced at the 1982 General Assembly becomes law. If such bill
does become law, then this Act shall become effective upon the
effective date of said SB 528.
GEORGIA LAWS 1982 SESSION
589
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
BOARDS OF EDUCATION COMPENSATION IN
CERTAIN COUNTIES (18,500 - 19,000)
(20,900 - 21,200).
Code Section 32-904 Amended.
No. 1161 (House Bill No. 1857).
AN ACT
To provide for the compensation of the chairman and members of
the county board of education in all counties of this state having a
population of not less than 20,900 nor more than 21,200 according to
the United States decennial census of 1980 or any future such census;
to provide an effective date; to repeal specific laws; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section T. Notwithstanding laws to the contrary, in all counties
of this state having a population of not less than 20,900 nor more than
21,200 according to the United States decennial census of 1980 or any
future such census, the chairman of the county board of education
shall be compensated in the amount of $125.00 per month and each
other member of the county board of education shall be compensated
in the amount of $100.00 per month. No member of the board shall
receive the per diem otherwise provided by law for attendance at
meetings of the board.
Section 2. This Act shall become effective upon July 1,1982.
590
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. 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 chairman and members of the
board in all counties of the state having a population of not less than
18,500 and not more than 19,000 according to the United States
decennial census of 1970 or any future such census, approved March
16,1978 (Ga. L. 1978, p. 1049), is repealed.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
CORONERS COMPENSATION IN CERTAIN
COUNTIES (15,200 - 15,400).
Code Section 21-105 Amended.
No. 1164 (House Bill No. 1862).
AN ACT
To provide for the compensation of coroners in all counties of this
state having a population of not less than 15,200 nor more than 15,400
according to the United States decennial census of 1980 or any future
such census; to provide an effective date; to repeal specific laws; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. In all counties of this state having a population of not
less than 15,200 nor more than 15,400 according to the United States
decennial census of 1980 or any future such census, the coroner is
placed on a salary and shall be compensated in the amount of $100.00
per month. The compensation shall be paid monthly from the funds
of such counties. Such compensation shall be in lieu of all fees, costs,
commissions, allowances, monies, and all other emoluments and
GEORGIA LAWS 1982 SESSION
591
perquisites of whatever kind which shall be allowed the coroners of
such counties. All such fees, costs, commissions, allowances, monies,
and all other emoluments and perquisites of whatever kind shall
become the property of such counties and shall be paid to the fiscal
officer of such counties at least once a month.
Section 2. This Act shall become effective on July 1,1982.
Section 3. An Act amending Code Section 21-105, relating to
fees for coroners, as amended, so as to change the compensation of
coroners in certain counties, approved March 10,1964 (Ga. L. 1964,
p. 278), as amended by an Act approved April 5,1971 (Ga. L. 1971, p.
456), is repealed.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
LAW LIBRARIES IN CERTAIN COUNTIES
(200,000 - 275,000).
Code Section 36-15-9(c) Enacted.
No. 1174 (House Bill No. 1894).
AN ACT
To amend Chapter 15 of Title 36 of the Official Code of Georgia
Annotated, relating to county law libraries, so as to provide that the
recorders court of any county of this state having a population of not
less than 200,000 nor more than 275,000 according to the United
States decennial census of 1980 or any future such census shall collect
the additional costs for the county law library; to provide for other
matters relative thereto; to provide an effective date; to repeal
conflicting laws; and for other purposes.
592
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 15 of Title 36 of the Official Code of Georgia
Annotated, relating to county law libraries, is amended by adding at
the end of Code Section 36-15-9 a new subsection (c) to read as
follows:
(c) Notwithstanding that provision of subsection (a) of this
Code section which excepts recorders courts from the requirement of
charging and collecting the additional costs provided for by said
subsection (a), said subsection (a) and subsection (b) of this Code
section shall be applicable to the recorders court of each county of
this state having a population of not less than 200,000 nor more than
275,000 according to the United States decennial census of 1980 or
any future such census.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
ALCOHOLIC BEVERAGES SALE BY DRINK IN
CERTAIN COUNTIES (14,486 - 14,540)
(37,200 - 38,000).
Code Sections 5A-2901, 3-4-90 Amended.
No. 1175 (House Bill No. 1896).
AN ACT
To amend Code Section 5A-2901, relating to authorization of sales
of distilled spirits by the drink, as amended, so as to change certain
population brackets affecting counties having a population of not less
than 14,486 and not more than 14,540 according to the United States
GEORGIA LAWS 1982 SESSION
593
decennial census of 1960 or any future such census; to amend the
Official Code of Georgia Annotated accordingly; to provide effective
dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 5A-2901, relating to authorization of
sales of distilled spirits by the drink, as amended, is amended by
striking subparagraph (b)(2)(A) in its entirety and inserting in lieu
thereof a new subparagraph (b)(2)(A) to read as follows:
(A) The governing authority of every county having a popula-
tion of not less than 37,200 and not more than 38,000 according to the
United States decennial census of 1980 or any such future census and
the governing authority of every municipality within every such
county, through proper resolution or ordinance, may authorize the
issuance of licenses to sell alcoholic beverages for beverage purposes
by the drink, said sales to be for consumption only on the premises.
Every such governing authority shall have full power and authority to
adopt all reasonable rules and regulations governing the qualifica-
tions and criteria for the issuance of any such license and shall further
have the power and authority to promulgate reasonable rules and
regulations governing the conduct of any licensee provided for in this
section, including, but not limited to, the regulation of hours of
business, types of employees, and other matters which may fall within
the police powers of such counties and municipalities. Those persons
who are duly licensed as wholesalers under the provisions of this title
shall be authorized to sell distilled spirits at wholesale to any person
or persons licensed as provided in this paragraph, and the person or
persons so licensed under this paragraph shall be authorized to
purchase such distilled spirits from a licensed wholesaler at whole-
sale.
Part 2
Section 2. Code Section 3-4-90 of the Official Code of Georgia
Annotated, relating to authorization of sales of distilled spirits by the
drink, is amended by striking subparagraph (b)(2)(A) in its entirety
and substituting in lieu thereof a new subparagraph (b)(2)(A) to read
as follows:
594
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) The governing authority of every county having a popula-
tion of not less than 37,200 nor more than 38,000 according to the
United States decennial census of 1980 or any such future census and
the governing authority of every municipality within every such
county, through proper resolution or ordinance, may authorize the
issuance of licenses to sell alcoholic beverages by the drink for
consumption only on the premises where sold. Every such governing
authority shall have full power and authority to adopt all reasonable
rules and regulations governing the qualifications and criteria for the
issuance of any such licenses and shall further have the power and
authority to promulgate reasonable rules and regulations governing
the conduct of any licensee provided for in this subparagraph, includ-
ing, but not limited to, the regulation of hours of business, types of
employees, and other matters which may fall within the police powers
of such counties and municipalities. Those persons who are duly
licensed as wholesalers under this title shall be authorized to sell
distilled spirits at wholesale prices to any person or persons licensed
as provided in this subparagraph; and the person or persons licensed
under this subparagraph shall be authorized to purchase distilled
spirits from a licensed wholesaler at wholesale prices.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
GEORGIA LAWS 1982 SESSION
595
PUBLIC REVENUE QUARTERLY BILLING OF AD
VALOREM TAXES IN CERTAIN COUNTIES
(100,000 - 150,000).
Code Section 48-5-30 Enacted.
No. 1179 (House Bill No. 1903).
AN ACT
To amend Article 1 of Chapter 5 of Title 48 of the Official Code of
Georgia Annotated, relating to ad valorem taxation in general, so as to
provide an optional procedure for quarterly billing in counties having
a population of not less than 100,000 and not more than 150,000; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 5 of Title 48 of the Official Code
of Georgia Annotated, relating to ad valorem taxation in general, is
amended by adding a new Code Section 48-5-30 to read as follows:
48-5-30. (a) The provisions of this Code section shall apply
only to counties which have a population of not less than 100,000 and
not more than 150,000 according to the United States decennial
census of 1980 or any future such census and which so provide by
resolution of the county governing authority adopted on or before
January 31 of the first year in which it is to apply. Any such resolution
shall be effective until the first year following the calendar year of its
repeal.
(b) In any such county the tax collector shall send four quarterly
ad valorem tax billings to each taxpayer requesting such quarterly
billing. The first three such billings may be based upon the amount of
taxes levied in the previous year and the final billing shall be for the
total taxes due for the current year after credit has been given for any
payments made prior to such final billing.
(c) Nothing in this Code section shall affect the time at which
such taxes become due or delinquent, such quarterly billing being
solely for the convenience of the taxpayer.
596
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 12,1982.
GRIFFIN JUDICIAL CIRCUIT JUDGES
COMPENSATION.
No. 1193 (House Bill No. 1947).
AN ACT
To amend an Act creating the Griffin Judicial Circuit, approved
August 17,1923 (Ga. L. 1923, p. 68), as amended, particularly by an
Act approved March 13,1978 (Ga. L. 1978, p. 879), so as to change the
county supplement for the judges of the superior courts of that
judicial circuit; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Griffin Judicial Circuit, approved
August 17,1923 (Ga. L. 1923, p. 68), as amended, particularly by an
Act approved March 13, 1978 (Ga. L. 1978, p. 879), is amended by
striking Section 6A of said Act which reads as follows:
Section 6A. The governing authorities of Fayette County, Pike
County, Spalding County and Upson County, the four counties
comprising the Griffin Judicial Circuit, are hereby authorized to
provide from county funds a supplement to the compensation of each
judge received from State funds, and the district attorney received
from State funds. The amount of such supplement for each judge
shall be $7,500 per annum, and the amount of such supplement for
the district attorney shall be $5,000 per annum. Said amounts shall
be paid monthly by the counties comprising the Griffin Judicial
GEORGIA LAWS 1982 SESSION
597
Circuit in proportion to and prorated according to the population of
said counties as shown by the United States Decennial Census of
1970, out of the treasuries of such counties comprising said circuit in
the following proportion and amounts according to the population, as
shown by the 1970 Census, to wit: Spalding County shall pay the sum
of $293.75 per month as a salary supplement for each judge and the
sum of $195.83 per month as a salary supplement for the district
attorney; Upson County shall pay the sum of $200.00 per month as a
salary supplement for each judge and the sum of $133.33 per month as
a salary supplement for the district attorney; Fayette County shall
pay the sum of $68.75 per month as a salary supplement for each
judge and the sum of $45.83 per month as a salary supplement for the
district attorney; Pike County shall pay the sum of $62.50 per month
as a salary supplement for each judge and the sum of $41.67 per
month as a salary supplement for the district attorney.
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 salary supplement assessed against each of said
counties, and to pay the same as provided in this Act. The salary
supplement of each judge and the district attorney is hereby made
and declared to be a 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.,
and inserting in its place a new Section 6A to read as follows:
Section 6A. The governing authorities of Fayette County, Pike
County, Spalding County, and Upson County, the four counties
comprising the Griffin Judicial Circuit, are authorized to provide
from county funds a supplement to the compensation of each judge
received from state funds, and the district attorney received from
state funds. The amount of such supplement for each judge shall be
$10,000.00 per annum, and the amount of such supplement for the
district attorney shall be $5,000.00 per annum. Said amount shall be
paid monthly by the counties comprising the Griffin Judicial Circuit
in proportion to and prorated according to the population of said
counties as shown by the United States decennial census of 1980 out
of the treasuries of such counties comprising said circuit in the
following annual amounts: Spalding County shall pay $4,300.00 as a
salary supplement for each judge and $2,150.00 as a salary supple-
ment for the district attorney; Upson County shall pay $2,300.00 as a
salary supplement for each judge and $1,150.00 as a salary supple-
598
GENERAL ACTS AND RESOLUTIONS, VOL. I
ment for the district attorney; Fayette County shall pay $2,600.00 as a
salary supplement for each judge and $1,300.00 as a salary supple-
ment for the district attorney; Pike County shall pay $800.00 as a
salary supplement for each judge and $400.00 as a salary supplement
for the district attorney. All of the above amounts shall be paid in
equal monthly installments.
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 salary supplement assessed against each of said
counties, and to pay the same as provided in this Act. The salary
supplement of each judge and the district attorney is made and
declared to be a part of the expenses of the courts, and the power to
levy a tax to pay the same is delegated to said county governing
authorities.
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
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that local legislation shall be introduced
during the 1982 Session of the General Assembly of the State of
Georgia, which shall raise the annual salary supplement of a Superior
Court Judge in the Griffin Judicial Circuit to $10,000.00, said increase
to be prorated on a population basis by each County within the said
Griffin Judicial Circuit.
By: Carol Chandler
Clerk,
Board of Commissioners
of Fayette County, Georgia
GEORGIA LAWS 1982 SESSION
599
Publishers Affidavit.
Georgia, Fayette County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Jimmy Booth, who, on oath, deposes
and says that he is publisher of the Fayette County News, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Fayette County News, which is the official
organ of Fayette County, on the following dates: February 17, 1982,
February 24,1982 and March 3,1982.
/s/ Jimmy Booth
Publisher,
Fayette County News
Sworn to and subscribed before me,
this 12 day of March, 1982.
/s/ Carol Chandler
Notary Public, Georgia State at Large.
My Commission Expires 1-20-84.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating the Griffin Judicial Circuit, approved August 17,1923 (Ga. L.
1923, p. 68), as amended, particularly by an Act approved March 13,
1978 (Ga. L. 1978, p. 879), so as to change the county supplement for
the judges of the superior court and district attorneys of that circuit;
and for other purposes.
600
GENERAL ACTS AND RESOLUTIONS, VOL. I
This 9th day of February, 1982.
Jim Fortune
GLT (Upson Co.)
Representative,
71st District
Georgia, Upson County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Casper Y. Wood, who, on oath,
deposes, certifies, and says that he is the publisher of the Thomaston
Times, and that the attached copy Of Notice of Intention to Intro-
duce Local Legislation was published in the Thomaston Times which
is the official organ of Upson County, on the following dates: Febru-
ary 10,17 and 24,1982.
/s/ Casper Y. Wood, Jr.
Sworn to and subscribed before me,
this 11th day of March, 1982.
/s/ Dan E. Snow
Notary Public.
My Commission Expires 1/30/83.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1982
session of the General Assembly of Georgia, a bill to amend an Act
creating the Griffin Judicial Circuit, approved August 17,1923 (Ga. L.
1923, p. 68), as amended, particularly by an Act approved March 13,
1978 (Ga. L. 1978, p. 879), so as to change the county supplement for
the judges of the superior court and district attorneys of that circuit;
and for other purposes.
GEORGIA LAWS 1982 SESSION
601
This 9th day of February, 1982.
Jim Fortune
GLT (Upson Co.)
Representative,
71st District
Georgia, Pike County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Rachel N. McClelland, who, on oath,
deposes, certifies, and says that she is the publisher of the Pike
County Journal and Reporter, and that the attached copy of Notice of
Intention to Introduce Local Legislation was published in The Pike
County Journal and Reporter which is the official organ of Pike
County, on the following dates: February 10, 17, and 18, 1982 and
March 3,1982.
/s/ Rachel N. McClelland
Sworn to and subscribed before me,
this 12th day of March, 1982.
/s/ Eric D. Hearn
Notary Public.
My Commission Expires 10/9/82.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1982 Session of the General Assembly of Georgia a bill to authorize
the governing authority of Spalding County, Georgia, to provide for a
supplement to the salary of each Judge of the Superior Court and the
District Attorney of the Griffin Judicial Circuit, to repeal conflicting
laws, and for other purposes.
602
GENERAL ACTS AND RESOLUTIONS, VOL. I
This the 10th day of February, 1982.
Maureen C. Jackson, as
Clerk of Board of
Commissioners of
Spalding County, Georgia
Georgia, Spalding County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Quimby Melton, Jr., who, on oath,
deposes and says that he is Publisher of the Griffin Daily News, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Griffin Daily News, which is the
official organ of Spalding County, Georgia, on the following dates:
February 13, February 20, and February 27,1982.
/s/ Quimby Melton, Jr.
Publisher of The Griffin
Daily News
Sworn to and subscribed before me,
this 12th day of March, 1982.
/s/ Joan C. Jones
Notary Public, State at Large.
My Commission Expires Jan. 11, 1986.
(Seal).
Approved April 12,1982.
GEORGIA LAWS 1982 SESSION
603
ADEQUATE PROGRAM FOR EDUCATION
EDUCATIONAL FACILITIES.
Code Section 20-2-250 Amended.
No. 1199 (Senate Bill No. 253).
AN ACT
To amend Code Section 20-2-250 of the Official Code of Georgia
Annotated, relating to educational facilities under the Adequate
Program for Education, so as to revise the provisions relative to
educational facilities; to provide for other matters relative thereto; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 20-2-250 of the Official Code of Georgia
Annotated, relating to educational facilities under the Adequate
Program for Education, is amended by striking said Code Section 20-
2-250 in its entirety and substituting in lieu thereof a new Code
Section 20-2-250 to read as follows:
20-2-250. (a) It is declared to be the policy of the State of
Georgia to assure that every student in Georgias public schools shall
be housed in a facility which is structurally sound and well main-
tained and which has adequate space and equipment to meet each
students instructional needs as those needs are defined and required
by the Adequate Program for Education in Georgia.
(b) As used in this Code section, the following words or terms
shall have the following meanings:
(1) Addition refers to square footage of room floor space
for instructional or other purposes added to an existing educa-
tional facility, whether physically connected thereto or a separate
structure located on the same site.
(2) Annual debt service means expenditures for the annual
retirement of debt for capital outlay construction projects for
educational facilities and shall include the interest on the princi-
pal as well as the principal of the debt.
604
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Capital outlay includes, but is not necessarily limited
to, expenditures which result in the acquisition of fixed assets,
existing buildings, improvements to sites, construction of build-
ings, construction of additions to buildings, retrofiting of existing
buildings for energy conservation, and initial and additional
equipment and furnishings for educational facilities.
(4) Construction project shall refer to the construction of
new buildings, additions or expansion of existing buildings, reloca-
tion of existing buildings or portions thereof, renovation or moder-
nization of existing buildings or structures, and procedures and
processes connected thereto, related to educational facilities.
(5) Educational facilities shall include buildings, fixtures,
and equipment necessary for the effective and efficient operation
of the program of public education required by this article, which,
without limiting the generality of the foregoing, shall include
classrooms, libraries, rooms and space for physical education,
space for fine arts, restrooms, specialized laboratories,
cafetoriums, media centers, building equipment, building fixtures,
furnishings, related exterior facilities, landscaping and paving,
and similar items which the State Board of Education may
determine necessary. The following facilities are specifically
excluded: swimming pools, tracks, gymnasiums, stadiums, and
similar facilities used for athletic competition and the central and
area administrative offices of local units of administration.
(6) Educational facilities survey means a systematic study
of present educational facilities and a five-year forecast of future
needs based on the instructional program and service require-
ments of this article.
(7) Entitlement refers to the maximum portion of the total
need that may be funded in a given year.
(8) Local funds or local unit funds refers to funds
available to local units of administration from sources other than
state and federal funds.
(9) Local unit or local unit of administration means any
county or independent board of education which administers
public elementary and secondary schools.
GEORGIA LAWS 1982 SESSION
605
(10) Physical education facility means any facility which is
designed for an instructional program in physical education and
shall exclude any spectator stands, lobbies, public restrooms,
concession areas, or space normally identified to serve only the
interscholastic athletic program in which the school may partici-
pate.
(11) Renovation or modernization or both refers to con-
struction projects which consist in the initial installation or
replacement of major building components such as lighting, heat-
ing, air-conditioning, plumbing, roofing, electrical, electronic, or
flooring systems; millwork; cabinet work and fixed equipment;
energy retrofit packages; or room-size modifications within an
existing facility, but excluding routine maintenance and repair
items or operations.
(12) Required local participation means the amount of
funds which must be contributed by local units of administration
from local funds for each construction project.
(13) Unhoused students means those students who are not
housed in school facilities which are structurally sound with
adequate space as defined by the State Board of Education.
(14) Year or fiscal year, unless otherwise clearly intended,
refers to the fiscal year of the State of Georgia.
(c) The State Board of Education shall implement the provi-
sions of this Code section, and the State School Superintendent and
designated staff in the Department of Education who have training or
experience in educational facilities as determined by the State Per-
sonnel Board and the State Board of Education shall administer the
requirements and implement the duties of this Code section. The
State Board of Educations responsibilities shall include the follow-
ing:
(1) To adopt policies, guidelines, and standards for the
annual physical facility and real property inventory required of
each local unit. This inventory shall include, but not be limited to:
parcels of land; number of educational facilities; year of construc-
tion and design; size, number, and type of construction space;
amount of instructional space in permanent and temporary build-
ings; local property assessment for bond purposes; outstanding
606
GENERAL ACTS AND RESOLUTIONS, VOL. I
school bonds and annual debt service; buildings and facilities not
in use or rented or leased to individuals or other agencies of
government, or used for other than instructional programs
required by this article, each identified by its current use. Depart-
ment of Education staff shall review, certify the accuracy of, and
approve each local units inventory;
(2) To adopt policies, guidelines, and standards for the
educational facilities survey required of local units. The educa-
tional facilities survey shall be initiated by written request of a
local board of education. The request may suggest the number of
teams and the individuals constituting such teams to participate
in the survey. However, it shall be the responsibility of the
Georgia Department of Education to constitute the makeup of the
necessary teams. Said teams shall exclude local residents; employ-
ees of the local board, the servicing Cooperative Education Ser-
vices Agency, and other educational centers and agencies servicing
the local board; and individuals deemed unacceptable to the local
board. The State Board of Education shall establish and maintain
qualification standards for participants of survey teams. Each
educational facilities survey shall include, but not be limited to, an
analysis of population growth and development patterns; assess-
ment of existing instructional and support space; assessment of
existing educational facilities; extent of obsolescence of facilities;
recommendations for improvements, expansion, modernization,
safety, and energy retrofiting of existing educational facilities.
The Department of Education staff shall review and certify as to
the accuracy of each educational facilities survey. The State
Board of Education shall approve or reject the recommendations
of the survey team and shall establish appeal procedures for
surveys not accepted.
(3) To adopt policies, guidelines, and standards for educa-
tional facilities construction plans required of local units. Local
unit facilities construction plans shall include, but not be limited
to, a list of construction projects currently eligible for state capital
outlay funds, if any; educational facilities projected for abandon-
ment, if any; educational facilities projected as needed five years
hence; proposed construction projects for modernization, renova-
tion, and energy retrofiting; proposed construction projects for the
purpose of merging small, inefficient educational facilities, if any;
and other construction projects needed to house the instructional
program required by provisions of this article;
GEORGIA LAWS 1982 SESSION
607
(4) To adopt uniform rules, regulations, policies, standards,
and criteria respecting all location, construction, equipping, oper-
ating, maintenance, use, and matters pertaining or relating to
consolidation of schools and educational facilities as may be
reasonably necessary to assure effective, efficient, and economical
operation of the schools and all phases of the public education
program provided for under the provisions of this article. Such
matters shall include, but not be limited to, the method, manner,
type, and minimum specifications for construction and installa-
tion of fixtures and equipment in educational facilities; space
requirements per pupil; number and size of classrooms; allowable
construction costs based on current annual construction cost data
maintained by the Department of Education; and other require-
ments necessary to ensure adequate, efficient, and economical
educational facilities. The State Board of Education shall adopt
policies or standards which shall allow renovation costs up to the
amount of new construction of a replacement facility, provided
that the renovated facility provides comparable instructional and
supportive space and has an extended life comparable to that of a
new facility. Except for satisfying the most recent life safety codes,
facilities which are undergoing renovation, modernization, or
additions shall otherwise meet requirements applicable to them
prior to renovation, modernization, or additions, provided that
such additions do not increase the pupil capacity of the facility
substantially above the capacity for which it was designed;
(5) To develop a state-wide needs assessment for purposes
of planning and developing policies, anticipating state-wide needs
for educational facilities, and providing assistance to local units in
developing educational facilities plans. The state-wide needs
assessment shall be developed from, among other sources, vital
statistics published by the Department of Human Resources,
census data published by the Bureau of the Census, local unit
educational facilities and real property inventories, educational
facilities surveys, average daily attendance projection research,
and educational facilities construction plans, and shall reflect the
demand areas for capital outlay. In addition, the State Board of
Education shall develop a consistent, systematic research
approach to average daily attendance projections which will be
used in the development of needs within each local unit. The
survey team will use such projections in determining the improve-
ments needed for the five-year planning period. The state board
shall also develop schedules for allowable square footage and cost
608
GENERAL ACTS AND RESOLUTIONS, VOL. I
per square foot. The cost estimate for each recommended
improvement included in the plan shall be based on these sched-
ules. Any increase in cost or square footage for a project beyond
that allowed by state board schedules for such projects shall be the
responsibility of the local unit and shall not count toward present
or future required local participation;
(6) To adopt policies, standards, and guidelines to ensure
that the provisions of subsections (f), (g), (h), and (i) relating to
uses of state capital outlay funds, state and local share of costs,
entitlements, allocation of capital outlay funds, advance funding
for certain construction projects, and consolidation of high schools
across system lines are carried out;
(7) To review and approve proposed sites and all architec-
tural and engineering drawings and specifications on construction
projects for educational facilities to ensure compliance with state
standards and requirements, and inspect and approve completed
construction projects financed in whole or in part with state funds,
except construction projects constructed under supervision of the
Georgia State Financing and Investment Commission. The State
Board of Education may designate selected local units which have
staff qualified for such purposes to act on behalf of the Depart-
ment of Education in such inspections, when the project is not
under the direction of Georgia State Financing and Investment
Commission;
(8) To coordinate construction project reviews with the
state fire marshals office and the Department of Human
Resources; and
(9) To provide procedures whereby local units may revise
their educational facilities plans or the priority order of construc-
tion projects requested to reflect unforeseen changes which have
occurred within three years of the completion of the survey.
(d) In the event any local unit of administration enters into a
lease contract with the Georgia State Financing and Investment
Commission for the use of facilities of the authority or commission
pursuant to a commitment by the State Board of Education for future
allotments of state capital outlay funds, the State Board of Educa-
tion, upon receipt of an executed copy of said lease contract, is
authorized and directed to pay monthly, quarterly, or annually to the
GEORGIA LAWS 1982 SESSION
609
commission such part of such funds to be made available to the local
unit of administration under this Code section as may be required to
meet the terms of such lease contract. The State Board of Education
is empowered and directed to withhold any fund allocations to any
local unit of administration for failure to comply with any provision of
this Code section or policies, guidelines, or standards adopted by said
board for the purpose of implementing the requirements of this Code
section.
(e) In order to qualify for and receive state capital outlay funds
in accordance with provisions of subsections (h) and (i), each local
unit must meet the following conditions and requirements:
(1) Prepare and annually update an educational facilities
and real property inventory in accordance with provisions of
subsection (c) of this Code section;
(2) Complete a local educational facilities plan. The local
educational facilities plan shall be prepared in accordance with
provisions of subsection (c). Each proposed construction project
shall be identified according to the purposes for capital outlay
funds as provided in subsection (f). Each local unit shall specify
the order of importance of all proposed construction projects.
Provisions for unhoused students, whether by new construction,
renovations, or additions, shall be the highest priority by any local
unit. When two or more local units agree on the need for a
consolidation project pursuant to subsection (f), the estimated
construction cost shall be prorated to the participating local units
and included with their identification of needs in accordance with
the proportion of the number of students to be served from each
local unit;
(3) Complete a comprehensive educational facilities survey
at least once every five years in accordance with provisions of
subsection (c) of this Code section in order to formulate plans for
educational facilities to house adequately the instructional pro-
gram required by this article. Prior to initiating the survey, the
local unit must file a written request with the State Board of
Education that a survey be done in its behalf and suggesting the
individuals who will conduct it. The cost of the survey shall be
paid from local funds;
610
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Submit requests for capital outlay funds, and provide
required local participation;
(5) Submit proposed educational facility sites and all archi-
tectural and engineering drawings and specifications for educa-
tional facilities to the Department of Education for review and
approval in accordance with provisions of subsection (c); and
(6) Revise the local educational facilities plan and priority
order of requested construction projects in accordance with provi-
sions of subsection (c).
Until July 1, 1984, local units which have not either initiated or
completed surveys and construction plans shall be eligible for state
capital outlay funds for construction projects as determined by the
State Board of Education.
(f) State capital outlay funds for educational facilities appropri-
ated in accordance with provisions of this Code section shall be used
for the following purposes:
(1) To provide construction projects needed because of
increased pupil attendance or to replace educational facilities
which have been abandoned or destroyed by fire or natural
disaster and which shall consist of new buildings and facilities on
new sites or new additions to existing buildings and facilities, or
relocation of existing educational facilities or portions thereof on
different sites;
(2) To provide construction projects to renovate or moder-
nize educational facilities in order to correct deficiencies which
produce educationally obsolete, unsafe, inaccessible, energy defi-
cient, or unsanitary physical environments;
(3) To provide construction projects for new additions to
existing educational facilities or relocation of existing educational
facilities or portions thereof on different sites in order to house
changes in the instructional program required under provisions of
this article or new educational facilities on new sites or new
additions to existing ones as a result of internal population shifts
or changes in attendance zones within the local unit;
GEORGIA LAWS 1982 SESSION
611
(4) To provide construction projects to merge educational
facilities which have fewer pupils than required for the minimum
school population by the State Board of Education or which are
too expensive to renovate or modernize due to obsolescence or
location and which shall consist of new educational facilities on
new sites, new additions to existing sites, or relocation of existing
educational facilities or portions thereof on different sites;
(5) To provide construction projects to combine the total
high school pupil populations either in grades 7-12, 8-12, or 9-12
across local unit lines. In such projects, there shall be no require-
ment to include a vocational wing as defined within the compre-
hensive high school structure but neither shall such vocational
wing be excluded for funding purposes; and
(6) To reimburse local units of administration for current
principal payments on local indebtedness for state approved
construction projects for educational facilities. No local unit may
request funds for the purposes of this paragraph unless and until
all construction projects identified in its construction plan for the
purposes of paragraphs (1) through (5) of this subsection have
been completed.
(g) Effective July 1, 1983, the state and each local unit of
administration shall provide capital outlay funds for educational
facilities in accordance with this subsection as follows:
(1) The required local participation shall be 25 percent of
the eligible project cost as modified by the local ability index and
annual debt service. The local ability index shall be determined by
dividing the amount of the local units equalized adjusted school
property tax digest per resident pupil in average daily attendance
by the total amount of the state-wide equalized adjusted school
property tax digest per total resident average daily attendance.
The resulting index shall be multiplied by 25 percent of the cost of
the eligible construction project to determine the required local
participation. A local unit may reduce its required local partici-
pation by an amount equal to no more than 75 percent of annual
debt service payments of interest and principal on local bonds
issued for eligible construction projects. Regardless of the above,
no local units required local participation shall be less than 10
percent nor greater than 25 percent of the cost of an eligible
construction project except as provided in paragraph (2) below;
and
612
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Eligible construction projects for consolidations as
determined in subsection (f) shall require no local funds; provided,
however, that the state shall participate in no more than 25
percent of the cost of construction projects related to damage to
educational facilities caused by fire or natural disaster.
(h) (1) In order to determine a reasonable total funding level
for the purposes stated in subsection (f) above and to establish a
fair and equitable distribution of funds to local units of adminis-
tration, the State Board of Education shall annually determine a
level of authorization. For a given fiscal year, the new authoriza-
tion level may equal zero but shall not exceed $100 million. For
purposes of deliberations with the Governor and the General
Assembly regarding the amount of state funds to be appropriated,
calculations shall be made for at least three levels below the $100
million maximum authorization.
(2) In setting the annual authorization level, the State
Board of Education shall consider any previously authorized but
unfunded amounts together with the total estimate of funds
needed for school facilities in the state. Such total state facilities
needs shall be computed by summing the following:
(A) The total facility improvement needs included in
the most recent five-year educational facilities plan which has
been reviewed by a survey team and approved by the State
Board of Education. Such needs shall annually be adjusted
downward for projects financed by either state or local funds
but shall not be adjusted upward except upon approval of a
new or revised five-year plan pursuant to subsections (c) and
(e); and
(B) The sum of the annual debt service payments for
the five-year period of the latest survey (that used in subpara-
graph (A) above), excluding payments for postsecondary
facilities, athletic facilities, administrative facilities, or other
projects not included in the approved five-year plan pursuant
to subsections (c) and (e) above. Such payments shall annu-
ally be adjusted downward for any portion used in lieu of
required local participation as allowed in subsection (g) and
shall be adjusted upward for the remaining portion of the
five-year period for increases in the annual debt service
payments resulting from local financing of projects covered
by the state board approved plan.
GEORGIA LAWS 1982 SESSION
613
(3) Each local unit of administration shall be entitled to a
portion of the total authorization set by the State Board of
Education annually based on the ratio of that local units needs as
computed in paragraph (2) above to the total of all local units
needs. In addition to the annual entitlement, the local unit is
eligible to receive any entitlement accrued from previous years for
which state funds have not yet been received. Any change in the
method of determining entitlements in subsequent years shall in
no way affect the amount of previously accrued entitlements.
(4) In order to determine the amount of state funds to be
requested for a given fiscal year, total new and accrued entitle-
ments must be compared to the state portion of the current cost
estimates of the projects approved in the educational facilities
plan in priority order. The above comparison shall be made for
each of the incremental entitlement levels required in paragraph
(1) above. In the event that projects requested for funding exceed
the total state entitlements and required local participation, local
units may elect to contribute additional local funding, provided
that the total of all local funding does not exceed 50 percent of the
eligible project costs. Local funds contributed in excess of
required local participation may be credited toward required local
participation in subsequent years, provided that the requested
state appropriation for this subsection shall not exceed $100
million annually and, if necessary, the new entitlement level shall
be reduced to comply with this limitation.
(5) The final level of entitlements actually authorized by
the State Board of Education for a fiscal year shall be that level
which is consistent with the appropriations Act for that year.
(i) Local units may receive state capital outlay funds for con-
struction projects under the advance funding category to meet educa-
tional facilities needs due to the following:
(1) Extraordinary growth of pupil population in excess of
the capacity of existing facilities;
(2) Destruction of or damage to educational facilities by fire
or due to natural disaster;
(3) Replacement of educational facilities which have been
certified as hazards to health or safety by the state fire marshals
office or by the Department of Human Resources;
614
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Projects, in priority order, which would otherwise
require more than three years of the combined annual entitlement
and required local participation with said combined annual enti-
tlement and required local participation amount estimated in
accordance with the total entitlement intended for authorization
by the State Board of Education; and
(5) Projects for consolidation of high schools across local
unit lines when the proposed project cost exceeds the combined
annual entitlements of the participating local units. With the
exception of category (2) above, the following conditions must be
met to qualify for advanced funding:
(A) The local unit has specifically requested funding
under this subsection prior to submission of the State Board
of Educations annual budget to the General Assembly;
(B) Annual entitlements accrued under subsection (h)
have offset any advanced funding previously granted, except
that no more than three years of combined entitlements of the
participating local units shall be required to offset advanced
funding for consolidation projects pursuant to paragraph (5)
of subsection (f);
(C) The project to be funded is not in addition to
projects funded for a given local unit of administration under
the provisions of subsection (h) in a given year; and
(D) The required local participation and all other pro-
cedural requirements of this Code section are met.
(j) Appropriations for advanced funding under subsection (i)
shall be made separately from subsection (h) for regular entitle-
ments.
Section 2. This Act shall become effective on July 1,1983.
GEORGIA LAWS 1982 SESSION
615
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
THE GEORGIA INSURANCE CODE AMENDED.
Code Title 33 Amended.
No. 1200 (Senate Bill No. 364).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated,
known as The Georgia Insurance Code, so as to provide for a new
chapter relating to insurance information and privacy protection; to
provide for legislative intent; to provide for the scope and application
of said chapter; to provide for definitions; to regulate the use of
pretext interviews; to provide for notice of insurance information
practices; to provide for specification of questions designed to obtain
information for marketing or research purposes; to provide for the
context of disclosure authorization forms; to regulate the preparation
of investigative consumer reports; to provide for access to certain
recorded personal information; to provide for the correction, amend-
ment, or deletion of certain recorded personal information; to provide
for the issuance of reasons for adverse underwriting decisions; to
prohibit the disclosure of information concerning previous adverse
underwriting decisions; to prohibit adverse underwriting decisions
under certain conditions; to provide limitations and conditions con-
cerning the disclosure of certain information; to provide for proce-
dures relative to hearings, witnesses, appearances, production of
books, and service of process; to provide for service of process for
insurance-support organizations; to provide for the issuance of cease
and desist reports by the Commissioner and the procedures relative
thereto; to provide for judicial review of orders and reports; to provide
for individual remedies; to provide for unlawful activities; to provide
for penalties; to provide an effective date; to repeal conflicting laws;
and for other purposes.
616
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Title 33 of the Official Code of Georgia Annotated,
known as The Georgia Insurance Code, is amended by adding at
the end of said title a new chapter, to be designated Chapter 39, to
read as follows:
CHAPTER 39
33-39-1. The purpose of this chapter is to establish standards for
the collection, use, and disclosure of information gathered in connec-
tion with insurance transactions by insurance institutions, agents, or
insurance-support organizations; to maintain a balance between the
need for information by those conducting the business of insurance
and the publics need for fairness in insurance information practices,
including the need to minimize intrusiveness; to establish a regula-
tory mechanism to enable natural persons to ascertain what informa-
tion is being or has been collected about them in connection with
insurance transactions and to have access to such information for the
purpose of verifying or disputing its accuracy; to limit the disclosure
of information collected in connection with insurance transactions;
and to enable insurance applicants and policyholders to obtain the
reasons for any adverse underwriting decision.
33-39-2. (a) The obligations imposed by this chapter shall
apply to those insurance institutions, agents, or insurance-support
organizations which, on or after the effective date of this chapter:
(1) In the case of life, health, or disability insurance:
(A) Collect, receive, or maintain information which
pertains to natural persons who are residents of this state in
connection with insurance transactions; or
(B) Engage in insurance transactions with applicants,
individuals, or policyholders who are residents of this state;
and
(2) In the case of property or casualty insurance:
(A) Collect, receive, or maintain information in connec-
tion with insurance transactions involving policies, contracts,
or certificates of insurance delivered, issued for delivery, or
renewed in this state; or
GEORGIA LAWS 1982 SESSION
617
(B) Engage in insurance transactions involving policies,
contracts, or certificates of insurance delivered, issued for
delivery, or renewed in this state.
(b) The rights granted by this chapter shall extend to:
(1) In the case of life, health, or disability insurance, the
following persons who are residents of this state:
(A) Natural persons who are the subject of information
collected, received, or maintained in connection with insur-
ance transactions; and
(B) Applicants, individuals, or policyholders who
engage in or seek to engage in insurance transactions; and
(2) In the case of property or casualty insurance, the follow-
ing persons:
(A) Natural persons who are the subject of information
collected, received, or maintained in connection with insur-
ance transactions involving policies, contracts, or certificates
of insurance delivered, issued for delivery, or renewed in this
state; and
(B) Applicants, individuals, or policyholders who
engage in or seek to engage in insurance transactions involv-
ing policies, contracts, or certificates of insurance delivered,
issued for delivery, or renewed in this state.
(c) For purposes of this Code section, a person shall be consid-
ered a resident of this state if the persons last known mailing address,
as shown in the records of the insurance institution, agent, or insur-
ance-support organization, is located in this state.
(d) Notwithstanding subsections (a) and (b) above, this chapter
shall not apply to information collected from the public records of a
governmental authority and maintained by an insurance institution
or its representatives for the purpose of insuring the title to real
property located in this state.
33-39-3. As used in this chapter:
618
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Adverse underwriting decision means:
(A) Any of the following actions with respect to insur-
ance transactions involving insurance coverage which is indi-
vidually underwritten:
(i) A declination of insurance coverage;
(ii) A termination of insurance coverage;
(iii) Failure of an agent to apply for insurance cover-
age with a specific insurance institution which the agent
represents and which is requested by an applicant;
(iv) In the case of a property or casualty insurance
coverage:
(I) Placement by an insurance institution or agent
of a risk with a residual market mechanism, an
unauthorized insurer, or an insurance institution
which specializes in substandard risks; or
(II) The charging of a higher rate on the basis of
information which differs from that which the appli-
cant or policyholder furnished;
(v) In the case of a life, health, or disability insur-
ance coverage, an offer to insure at higher than standard
rates; or
(B) Notwithstanding subparagraph (A) above, the fol-
lowing actions shall not be considered adverse underwriting
decisions but the insurance institution or agent responsible
for their occurrence shall nevertheless provide the applicant
or policyholder with the specific reason or reasons for their
occurrence:
(i) The termination of an individual policy form
on a class or state-wide basis;
(ii) A declination of insurance coverage solely
because such coverage is not available on a class or state-
wide basis; or
GEORGIA LAWS 1982 SESSION
619
(iii) The rescission of a policy.
(2) Affiliate or affiliated means a person that directly, or
indirectly through one or more intermediaries, controls, is con-
trolled by, or is under common control with another person.
(3) Agent means any agent, broker, subagent, counselor,
adjustor, solicitor, or service representative as defined in Code
Sections 33-23-1 and 33-23-40.
(4) Applicant means any person who seeks to contract for
insurance coverage other than a person seeking insurance cover-
age that is not individually underwritten.
(5) Commissioner means the Insurance Commissioner of
the State of Georgia.
(6) Consumer report means any written, oral, or other
communication of information bearing on a natural persons
credit worthiness, credit standing, credit capacity, character, gen-
eral reputation, personal characteristics, or mode of living which is
used or expected to be used in connection with an insurance
transaction.
(7) Consumer reporting agency means any person who:
(A) Regularly engages, in whole or in part, in the prac-
tice of assemblying or preparing consumer reports for a
monetary fee;
(B) Obtains information primarily from sources other
than insurance institutions; and
(C) Furnishes consumer reports to other persons.
(8) Control including the term controlled by or under
common control with, 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 the ownership of voting
securities, by contract other than a commercial contract for goods
or nonmanagement services, or otherwise, unless the power is the
result of an official position with or corporate office held by the
person.
620
GENERAL ACTS AND RESOLUTIONS, VOL. I
(9) Declination of insurance coverage means a denial, in
whole or in part, by an insurance institution or agent of requested
insurance coverage.
(10) Individual means any natural person who:
(A) In the case of property or casualty insurance, is a
past, present, or proposed named insured or certificate
holder;
(B) In the case of life, health, or disability insurance, is
a past, present, or proposed principal insured or certificate
holder;
(C) Is a past, present, or proposed policyowner;
(D) Is a past or present applicant;
(E) Is a past or present claimant; or
(F) Derived, derives, or is proposed to derive insurance
coverage under an insurance policy or certificate subject to
this chapter.
(11) Institutional source means any person or governmental
entity that provides information about an individual to an agent,
insurance institution, or insurance-support organization other
than:
(A) An agent;
(B) The individual who is the subject of the informa-
tion; or
(C) A natural person acting in a personal capacity
rather than in a business or professional capacity.
(12) Insurance institution means any corporation, associa-
tion, partnership, reciprocal exchange, interinsurer, Lloyds
insurer, fraternal benefit society, or other person engaged in the
business of insurance, including medical service corporations,
hospital service corporations, health care plans, and health main-
tenance organizations as defined in Chapters 33-18, 33-19, 33-20,
GEORGIA LAWS 1982 SESSION
621
and 33-21. Insurance institution shall not include agents or
insurance support organizations.
(13) Insurance-support organization means:
(A) Any person who regularly engages, in whole or in
part, in the practice of assembling or collecting information
about natural persons for the primary purpose of providing
the information to an insurance institution or agent for
insurance transactions, including:
(i) The furnishing of consumer reports or invest-
igative consumer reports to an insurance institution or
agent for use in connection with an insurance trans-
action; or
(ii) The collection of personal information from
insurance institutions, agents, or other insurance-sup-
port organizations for the purpose of detecting or pre-
venting fraud, material misrepresentation, or material
nondisclosure in connection with insurance underwriting
or insurance claim activity.
(B) Notwithstanding subparagraph (A) above, the fol-
lowing persons shall not be considered insurance-support
organizations for purposes of this chapter: agents, govern-
ment institutions, insurance institutions, medical care insti-
tutions, and medical professionals.
(14) Insurance transaction means any transaction involving
insurance primarily for personal, family, or household needs
rather than business or professional needs which entails:
(A) The individual determination of an individuals
eligibility for an insurance coverage, benefit, or payment; or
(B) The servicing of an insurance application, policy,
contract, or certificate.
(15) Investigative consumer report means a consumer
report or portion thereof in which information about a natural
persons character, general reputation, personal characteristics, or
mode of living is obtained through personal interviews with the
622
GENERAL ACTS AND RESOLUTIONS, VOL. I
persons neighbors, friends, associates, acquaintances, or others
who may have knowledge concerning such items of information.
(16) Medical-care institution means any facility or institu-
tion that is licensed to provide health care services to natural
persons, including but not limited to: health-maintenance organi-
zations, home-health agencies, hospitals, medical clinics, public
health agencies, rehabilitation agencies, and skilled nursing facili-
ties.
(17) Medical professional means any person licensed or
certified to provide health care services to natural persons, includ-
ing but not limited to, a chiropractor, clinical dietitian, clinical
psychologist, dentist, nurse, occupational therapist, optometrist,
pharmacist, physical therapist, physician, podiatrist, psychiatric
social worker, or speech therapist.
(18) Medical-record information means personal informa-
tion which:
(A) Relates to an individuals physical or mental condi-
tion, medical history, or medical treatment; and
(B) Is obtained from a medical professional or medical-
care institution, from the individual, or from the individuals
spouse, parent, or legal guardian.
(19) Person means any natural person, corporation, associa-
tion, partnership, or other legal entity.
(20) Personal information means any individually
identifiable information gathered in connection with an insurance
transaction from which judgments can be made about an individ-
uals character, habits, avocations, finances, occupation, general
reputation, credit, health, or any other personal characteristics.
Personal information does not include an individuals name,
address, and age when no other underwriting information is
gathered on that individual nor does it include any privileged
information.
(21) Policyholder means any person who:
GEORGIA LAWS 1982 SESSION
623
(A) In the case of individual property or casualty insur-
ance, is a present named insured;
(B) In the case of individual life, health, or disability
insurance, is a present policyholder; or
(C) In the case of group insurance which is individually
underwritten, is a present group certificate holder.
(22) Pretext interview means an interview whereby a
person, in an attempt to obtain information about a natural
person, performs one or more of the following acts:
(A) Pretends to be someone he or she is not;
(B) Pretends to represent a person he or she is not in
fact representing;
(C) Misrepresents the true purpose of the interview; or
(D) Refuses to identify himself or herself upon request.
(23) Privileged information means any individually
identifiable information that:
(A) Relates to a claim for insurance benefits or a civil or
criminal proceeding involving an individual; and
(B) Is collected in connection with or in reasonable
anticipation of a claim for insurance benefits or civil or
criminal proceeding involving an individual;
provided, however, information otherwise meeting the require-
ments of this subsection shall nevertheless be considered personal
information under this chapter if it is disclosed in violation of
Code Section 33-39-14 of this chapter.
(24) Residual market mechanism means an association,
organization, or other entity defined or described in Code Sections
33-9-7,33-9-8, and 33-9-10.
(25) Termination of insurance coverage or termination of
an insurance policy means either a cancellation or nonrenewal of
624
GENERAL ACTS AND RESOLUTIONS, VOL. I
an insurance policy, in whole or in part, for any reason other than
the failure to pay a premium as required by the policy.
(26) Unauthorized insurer means an insurance institution
that has not been granted a certificate of authority by the Com-
missioner to transact the business of insurance in this state.
33-39-4. No insurance institution, agent, or insurance-support
organization shall use or authorize the use of pretext interviews to
obtain information in connection with an insurance transaction;
provided, however, a pretext interview may be undertaken to obtain
information from a person or institution that does not have a gener-
ally or statutorily recognized privileged relationship with the person
about whom the information relates for the purpose of investigating a
claim where, based upon specific information available for review by
the Commissioner, there is a reasonable basis for suspecting criminal
activity, fraud, material misrepresentation, or material nondisclosure
in connection with the claim.
33-39-5. (a) An insurance institution or agent shall provide a
notice of information practices to all applicants or policyholders in
connection with insurance transactions as provided below:
(1) In the case of an application for insurance, a notice shall
be provided no later than:
(A) At the time of the delivery of the insurance policy
or certificate when personal information is collected only
from the applicant or from public records; or
(B) At the time the collection of personal information is
initiated when personal information is collected from a source
other than the applicant or public records;
(2) In the case of a policy renewal, a notice shall be provided
no later than the policy renewal date, except that no notice shall
be required in connection with a policy renewal if:
(A) Personal information is collected only from the
policyholder or from public records; or
(B) A notice meeting the requirements of this Code
section has been given within the previous 24 months;
GEORGIA LAWS 1982 SESSION
625
(3) In the case of a policy reinstatement or change in
insurance benefits, a notice shall be provided no later than the
time a request for a policy reinstatement or change in insurance
benefits is received by the insurance institution, except that no
notice shall be required if personal information is collected only
from the policyholder or from public records;
(b) The notice required by subsection (a) shall be in writing and
shall state:
(1) Whether personal information may be collected from
persons other than the individual or individuals proposed for
coverage;
(2) The types of personal information that may be collected
and the types of sources and investigative techniques that may be
used to collect such information;
(3) The types of persons identified in paragraphs (2), (3),
(4), (5), (6), (9), (11), (12), and (14) of Code Section 33-39-14 of this
chapter and the circumstances under which such disclosures may
be made without prior authorization; provided, however, only
those circumstances need be described which occur with such
frequency as to indicate a general business practice;
(4) A description of the rights established under Code Sec-
tions 33-39-9 and 33-39-10 of this chapter and the manner in
which such rights may be exercised; and
(5) That information obtained from a report prepared by an
insurance-support organization may be retained by the insurance-
support organization and disclosed to other persons.
(c) In lieu of the notice prescribed in subsection (b), the insur-
ance institution or agent may provide an abbreviated notice inform-
ing the applicant or policyholder that:
(1) Personal information may be collected from persons
other than the individual or individuals proposed for coverage;
(2) Such information as well as other personal or privileged
information subsequently collected by the insurance institution or
agent may in certain circumstances be disclosed to third parties
without authorization;
626
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) A right of access and correction exists with respect to all
personal information collected; and
(4) The notice prescribed in subsection (b) will be furnished
to the applicant or policyholder upon request.
(d) The obligations imposed by this Code section upon an
insurance institution or agent may be satisfied by another insurance
institution or agent authorized to act on its behalf.
33-39-6. An insurance institution or agent shall clearly specify
those questions designed to obtain information solely for marketing
or research purposes from an individual in connection with an insur-
ance transaction.
33-39-7. Notwithstanding any other provision of law of this
state, no insurance institution, agent, or insurance-support organiza-
tion may utilize as its disclosure authorization form in connection
with insurance transactions a form or statement which authorizes the
disclosure of personal or privileged information about an individual
to the insurance institution, agent, or insurance-support organization
unless the form or statement:
(1) Is written in plain language;
(2) Is dated;
(3) Specifies the types of persons authorized to disclose
information about the individual;
(4) Specifies the nature of the information authorized to be
disclosed;
(5) Names the insurance institution or agent and identifies
by generic reference representatives of the insurance institution to
whom the individual is authorizing information to be disclosed;
(6) Specifies the purposes for which the information is
collected;
(7) Specifies the length of time such authorization shall
remain valid, which shall be no longer than:
GEORGIA LAWS 1982 SESSION
627
(A) In the case of authorizations signed for the purpose
of collecting information in connection with an application
for an insurance policy, a policy reinstatement or a request for
change in policy benefits:
(i) Thirty months from the date the authorization
is signed if the application or request involves life, health,
or disability insurance;
(ii) One year from the date the authorization is
signed if the application or request involves property or
casualty insurance; or
(B) In the case of authorizations signed for the purpose
of collecting information in connection with a claim for
benefits under an insurance policy:
(i) The term of coverage of the policy if the claim
is for a health insurance benefit;
(ii) The duration of the claim if the claim is not for
a health insurance benefit; and
(8) Advises the individual or person authorized to act on
behalf of the individual that the individual or the individuals
authorized representative is entitled to receive a copy of the
authorization form.
33-39-8. (a) No insurance institution, agent, or insurance-sup-
port organization may prepare or request an investigative consumer
report about an individual in connection with an insurance trans-
action involving an application for insurance, a policy renewal, a
policy reinstatement, or a change in insurance benefits unless the
insurance institution or agent informs the individual:
(1) That he or she may request to be interviewed in connec-
tion with the preparation of the investigative consumer report;
and
(2) That upon a request pursuant to Code Section 33-39-9,
he or she is entitled to receive a copy of the investigative consumer
report.
628
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) If an investigative consumer report is to be prepared by an
insurance institution or agent, the insurance institution or agent shall
institute reasonable procedures to conduct a personal interview
requested by an individual.
(c) If an investigative consumer report is to be prepared by an
insurance-support organization, the insurance institution or agent
desiring such report shall inform the insurance-support organization
whether a personal interview has been requested by the individual.
The insurance-support organization shall institute reasonable proce-
dures to conduct such interviews, if requested.
33-39-9. (a) If any individual, after proper identification, sub-
mits a written request to an insurance institution, agent, or insur-
ance-support organization for access to recorded personal informa-
tion about the individual which is reasonably described by the
individual and reasonably locatable and retrievable by the insurance
institution, agent, or insurance-support organization, the insurance
institution, agent, or insurance-support organization shall within 30
business days from the date such request is received:
(1) Inform the individual of the nature and substance of
such recorded personal information in writing, by telephone, or by
other oral communication, whichever the insurance institution,
agent, or insurance-support organization prefers;
(2) Permit the individual to see and copy, in person, such
recorded personal information pertaining to him or her or to
obtain a copy of such recorded personal information by mail,
whichever the individual prefers, unless such recorded personal
information is in coded form, in which case an accurate translation
in plain language shall be provided in writing;
(3) Disclose to the individual the identity, if recorded, of
those persons to whom the insurance institution, agent, or insur-
ance-support organization has disclosed such personal informa-
tion within two years prior to such request and, if the identity is
not recorded, the names of those insurance institutions, agents,
insurance-support organizations, or other persons to whom such
information is normally disclosed; and
(4) Provide the individual with a summary of the proce-
dures by which he or she may request correction, amendment, or
deletion of recorded personal information.
GEORGIA LAWS 1982 SESSION
629
(b) Any personal information provided pursuant to subsection
(a) above shall identify the source of the information if such source is
an institutional source.
(c) Medical-record information supplied by a medical-care insti-
tution or medical professional and requested under subsection (a),
together with the identity of the medical professional or medical care
institution which provided such information, shall be supplied either
directly to the individual or to a medical professional designated by
the individual and licensed to provide medical care with respect to the
condition to which the information relates, whichever the insurance
institution, agent, or insurance-support organization prefers. If it
elects to disclose the information to a medical professional designated
by the individual, the insurance institution, agent, or insurance-
support organization shall notify the individual, at the time of the
disclosure, that it has provided the information to the medical
professional.
(d) Except for personal information provided under Code Sec-
tion 33-39-11, an insurance institution, agent, or insurance-support
organization may charge a reasonable fee to cover the costs incurred
in providing a copy of recorded personal information to individuals.
(e) The obligations imposed by this Code section upon an insur-
ance institution or agent may be satisfied by another insurance
institution or agent authorized to act on its behalf. With respect to
the copying and disclosure of recorded personal information pursuant
to a request under subsection (a), an insurance institution, agent, or
insurance-support organization may make arrangements with an
insurance-support organization or a consumer reporting agency to
copy and disclose recorded personal information on its behalf.
(f) The rights granted to individuals in this Code section shall
extend to all natural persons to the extent information about them is
collected and maintained by an insurance institution, agent, or insur-
ance-support organization in connection with an insurance trans-
action. The rights granted to all natural persons by this subsection
shall not extend to information about them that relates to and is
collected in connection with or in reasonable anticipation of a claim or
civil or criminal proceeding involving them.
(g) For purposes of this Code section, the term insurance-
support organization does not include consumer reporting agency.
630
GENERAL ACTS AND RESOLUTIONS, VOL. I
33-39-10. (a) Within 30 business days from the date of receipt
of a written request from an individual to correct, amend, or delete
any recorded personal information about the individual within its
possession, an insurance institution, agent, or insurance-support
organization shall either:
(1) Correct, amend, or delete the portion of the recorded
personal information in dispute; or
(2) Notify the individual of:
(A) Its refusal to make such correction, amendment, or
deletion;
(B) The reasons for the refusal; and
(C) The individuals right to file a statement as pro-
vided in subsection (c).
(b) If the insurance institution, agent, or insurance-support
organization corrects, amends, or deletes recorded personal informa-
tion in accordance with paragraph (1) of subsection (a), the insurance
institution, agent, or insurance-support organization shall so notify
the individual in writing and furnish the correction, amendment, or
fact of deletion to:
(1) Any person specifically designated by the individual
who may have, within the preceding two years, received such
recorded personal information;
(2) Any insurance-support organization whose primary
source of personal information is insurance institutions if the
insurance-support organization has systematically received such
recorded personal information from the insurance institution
within the preceding seven years; provided, however, that the
correction, amendment, or fact of deletion need not be furnished if
the insurance-support organization no longer maintains recorded
personal information about the individual; and
(3) Any insurance-support organization that furnished the
personal information that has been corrected, amended, or
deleted.
GEORGIA LAWS 1982 SESSION
631
(c) Whenever an individual disagrees with an insurance institu-
tions, agents, or insurance-support organizations refusal to correct,
amend, or delete recorded personal information, the individual shall
be permitted to file with the insurance institution, agent, or insur-
ance-support organization:
(1) A concise statement setting forth what the individual
thinks is the correct, relevant, or fair information; and
(2) A concise statement of the reasons why the individual
disagrees with the insurance institutions, agents, or insurance-
support organizations refusal to correct, amend, or delete
recorded personal information.
(d) In the event an individual files either statement as described
in subsection (c) above, the insurance institution, agent, or support
organization shall:
(1) File the statement with the disputed personal informa-
tion and provide a means by which anyone reviewing the disputed
personal information will be made aware of the individuals state-
ment and have access to it;
(2) In any subsequent disclosure by the insurance institu-
tion, agent, or support organization of the recorded personal
information that is the subject of disagreement, clearly identify
the matter or matters in dispute and provide the individuals
statement along with the recorded personal information being
disclosed; and
(3) Furnish the statement to the persons and in the manner
specified in subsection (b) above.
(e) The rights granted to individuals in this Code section shall
extend to all natural persons to the extent information about them is
collected and maintained by an insurance institution, agent, or insur-
ance-support organization in connection with an insurance trans-
action. The rights granted to all natural persons by this subsection
shall not extend to information about them that relates to and is
collected in connection with or in reasonable anticipation of a claim or
civil or criminal proceeding involving them.
632
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) For purposes of this Code section, the term insurance-
support organization does not include consumer reporting agency.
33-39-11. (a) In the event of an adverse underwriting decision
the insurance institution or agent responsible for the decision shall:
(1) Either provide the applicant, policyholder, or individual
proposed for coverage with the specific reason or reasons for the
adverse underwriting decision in writing or advise such person
that upon written request he or she may receive the specific reason
or reasons in writing; and
(2) Provide the applicant, policyholder, or individual pro-
posed for coverage with a summary of the rights established under
subsection (b) of this Code section and Code Sections 33-39-9 and
33-39-10 of this chapter.
(b) Upon receipt of a written request within 90 business days
from the date of the mailing of notice or other communication of an
adverse underwriting decision to an applicant, policyholder, or indi-
vidual proposed for coverage, the insurance institution or agent shall
furnish to such person within 21 business days from the date of
receipt of such written request:
(1) The specific reason or reasons for the adverse underwrit-
ing decision, in writing, if such information was not initially
furnished in writing pursuant to paragraph (1) of subsection(a) of
this Code section.
(2) The specific items of personal and privileged informa-
tion that support those reasons; provided, however:
(A) The insurance institution or agent shall not be
required to furnish specific items of privileged information if
it has a reasonable suspicion, based upon specific information
available for review by the Commissioner, that the applicant,
policyholder, or individual proposed for coverage has engaged
in criminal activity, fraud, material misrepresentation, or
material nondisclosure; and
(B) Specific terms of medical-record information sup-
plied by a medical-care institution or medical professional
shall be disclosed either directly to the individual about
GEORGIA LAWS 1982 SESSION
633
whom the information relates or to a medical professional
designated by the individual and licensed to provide medical
care with respect to the condition to which the information
relates, whichever the insurance institution or agent prefers;
and
(3) The names and addresses of the institutional sources
that supplied the specific items of information pursuant to para-
graph (2) of subsection (b) of this Code section; provided, how-
ever, that the identity of any medical professional or medical-care
institution shall be disclosed either directly to the individual or to
the designated medical professional, whichever the insurance
institution or agent prefers.
(c) The obligations imposed by this Code section upon an insur-
ance institution or agent may be satisfied by another insurance
institution or agent authorized to act on its behalf.
(d) When an adverse underwriting decision results solely from
an oral request or inquiry, the explanation of reasons and summary of
rights required by subsection (a) may be given orally.
33-39-12. No insurance institution, agent, or insurance-support
organization may seek information in connection with an insurance
transaction concerning:
(1) Any previous adverse underwriting decision experienced
by an individual; or
(2) Any previous insurance coverage obtained by an individ-
ual through a residual market mechanism,
unless such inquiry also requests the reasons for any previous
adverse underwriting decision or the reasons why insurance coverage
was previously obtained through a residual market mechanism.
33-39-13. No insurance institution or agent may base an adverse
underwriting decision in whole or in part:
(1) On the fact of a previous adverse underwriting decision
or on the fact that an individual previously obtained insurance
coverage through a residual market mechanism; provided, how-
ever, an insurance institution or agent may base an adverse
634
GENERAL ACTS AND RESOLUTIONS, VOL. I
underwriting decision on further information obtained from an
insurance institution or agent responsible for a previous adverse
underwriting decision;
(2) On personal information received from an insurance-
support organization whose primary source of information is
insurance institutions; provided, however, an insurance institu-
tion or agent may base an adverse underwriting decision on
further personal information obtained as the result of information
received from such insurance-support organization.
33-39-14. An insurance institution, agent, or insurance-support
organization shall not disclose any personal or privileged information
about an individual collected or received in connection with an
insurance transaction unless the disclosure is:
(1) With the written authorization of the individual, pro-
vided:
(A) If such authorization is submitted by another
insurance institution, agent, or insurance-support organiza-
tion, the authorization meets the requirement of Code Sec-
tion 33-39-7 of this chapter; or
(B) If such authorization is submitted by a person other
than an insurance institution, agent, or insurance-support
organization, the authorization is:
(i) Dated;
(ii) Signed by the individual; and
(iii) Obtained one year or less prior to the date a
disclosure is sought pursuant to this subsection; or
(2) To a person other than an insurance institution, agent,
or insurance-support organization, provided such disclosure is
reasonably necessary:
(A) To enable such person to perform a business, pro-
fessional, or insurance function for the disclosing insurance
institution, agent, or insurance-support organization and
such person agrees not to disclose the information further
GEORGIA LAWS 1982 SESSION
635
without the individuals written authorization unless the
further disclosure:
(i) Would otherwise be permitted by this Code
section if made by an insurance institution, agent, or
insurance-support organization; or
(ii) Is reasonably necessary for such person to per-
form its function for the disclosing insurance institution,
agent, or insurance-support organization; or
(B) To enable such person to provide information to
the disclosing insurance institution, agent, or insurance-sup-
port organization for the purpose of:
(i) Determining an individuals eligibility for an
insurance benefit or payment; or
(ii) Detecting or preventing criminal activity,
fraud, material misrepresentation, or material nondisclo-
sure in connection with an insurance transaction; or
(3) To an insurance institution, agent, insurance-support
organization, or self-insurer, provided the information disclosed is
limited to that which is reasonably necessary:
(A) To detect or prevent criminal activity, fraud, mate-
rial misrepresentation, or material nondisclosure in connec-
tion with insurance transactions; or
(B) For either the disclosing or receiving insurance
institution, agent, or insurance-support organization to per-
form its function in connection with an insurance transaction
involving the individual;
(4) To a medical-care institution or medical professional for
the purpose of:
(A) Verifying insurance coverage or benefits;
(B) Informing an individual of a medical problem of
which the individual may not be aware; or
636
GENERAL ACTS AND RESOLUTIONS, VOL. I
(C) Conducting an operations or services audit;
provided only such information is disclosed as is reasonably
necessary to accomplish the foregoing purposes;
(5) To an insurance regulatory authority;
(6) To a law enforcement or other governmental authority:
(A) To protect the interests of the insurance institu-
tion, agent, or insurance-support organization in preventing
or prosecuting the perpetration of fraud upon it; or
(B) If the insurance institution, agent, or insurance-
support organization reasonably believes that illegal activities
have been conducted by the individual;
(7) Otherwise permitted or required by law;
(8) In response to a facially valid administrative or judicial
order, including a search warrant or subpoena;
(9) Made for the purpose of conducting actuarial or research
studies, provided:
(A) No individual may be identified in any actuarial or
research report;
(B) Materials allowing the individual to be identified
are returned or destroyed as soon as they are no longer
needed; and
(C) The actuarial or research organization agrees not to
disclose the information unless the disclosure would other-
wise be permitted by this Code section if made by an insur-
ance institution, agent, or insurance-support organization;
(10) To a party or a representative of a party to a proposed or
consummated sale, transfer, merger, or consolidation of all or part
of the business of the insurance institution, agent, or insurance-
support organization, provided:
GEORGIA LAWS 1982 SESSION
637
(A) Prior to the consummation of the sale, transfer,
merger, or consolidation only such information is disclosed as
is reasonably necessary to enable the recipient to make busi-
ness decisions about the purchase, transfer, merger, or consol-
idation; and
(B) The recipient agrees not to disclose the information
unless the disclosure would otherwise be permitted by this
Code section if made by an insurance institution, agent, or
insurance-support organization;
(11) To a person whose only use of such information will be
in connection with the marketing of a product or service, provided:
(A) No medical-record information, privileged infor-
mation, or personal information relating to an individuals
character, personal habits, mode of living, or general reputa-
tion is disclosed, and no classification derived from such
information is disclosed;
(B) The individual has been given an opportunity to
indicate that he or she does not want personal information
disclosed for marketing purposes and has given no indication
that he or she does not want the information disclosed; and
(C) The person receiving such information agrees not
to use it except in connection with the marketing of a product
or service;
(12) To an affiliate whose only use of the information will be
in connection with an audit of the insurance institution or agent or
the marketing of an insurance product or service, provided the
affiliate agrees not to disclose the information for any other
purpose or to unaffiliated persons;
(13) By a consumer reporting agency, provided the disclosure
is to a person other than an insurance institution or agent;
(14) To a group policyholder for the purpose of reporting
claims experience or conducting an audit of the insurance institu-
tions or agents operations or services, provided the information
disclosed is reasonably necessary for the group policyholder to
conduct the review or audit;
638
GENERAL ACTS AND RESOLUTIONS, VOL. I
(15) To a professional peer review organization for the pur-
pose of reviewing the service or conduct of a medical-care institu-
tion or medical professional;
(16) To a governmental authority for the purpose of deter-
mining the individuals eligibility for health benefits for which the
governmental authority may be liable;
(17) To a certificate holder or policyholder for the purpose of
providing information regarding the status of an insurance trans-
action; or
(18) To a lienholder, mortgagee, assignee, lessor, or other
person shown on the records of an insurance institution or agent as
having legal or beneficial interest in a policy of insurance, pro-
vided that:
(A) no medical record information is disclosed unless
the disclosure would otherwise be permitted by this Code
section; and
(B) the information disclosed is limited to that which is
reasonably necessary to permit such person to protect its
interest in such policy.
33-39-15. (a) The Commissioner shall have power to examine
and investigate into the affairs of every insurance institution or agent
doing business in this state to determine whether the insurance
institution or agent has been or is engaged in any conduct in violation
of this chapter.
(b) The Commissioner shall have the power to examine and
investigate into the affairs of every insurance-support organization
acting on behalf of an insurance institution or agent which either
transacts business in this state or transacts business outside this state
that has an effect on a person residing in this state in order to
determine whether such insurance-support organization has been or
is engaged in any conduct in violation of this chapter.
33-39-16. (a) Whenever the Commissioner has reason to
believe that an insurance institution, agent, or insurance-support
organization has been or is engaged in conduct in this state which
violates this chapter, or if the Commissioner believes that an insur-
GEORGIA LAWS 1982 SESSION
639
ance-support organization has been or is engaged in conduct outside
this state which has an effect on a person residing in this state and
which violates this chapter, the Commissioner shall issue and serve
upon such insurance institution, agent, or insurance-support organi-
zation a statement of charges and notice of hearing to be held at a
time and place fixed in the notice. The date for such hearing shall be
not less than 30 days after the date of service.
(b) At the time and place fixed for such hearing the insurance
institution, agent, or insurance-support organization charged shall
have an opportunity to answer the charges against it and present
evidence on its behalf. Upon good cause shown, the Commissioner
shall permit any adversely affected person to intervene, appear, and
be heard at such hearing by counsel or in person.
(c) At any hearing conducted pursuant to this Code section, the
Commissioner may administer oaths, examine and cross-examine
witnesses, and receive oral and documentary evidence. The Commis-
sioner shall have the power to subpoena witnesses, compel their
attendance, and require the production of books, papers, records,
correspondence, and other documents which are relevant to the
hearing. A stenographic record of the hearing shall be made upon the
request of any party or at the discretion of the Commissioner. If no
stenographic record is made and if judicial review is sought, the
Commissioner shall prepare a statement of the evidence for use on
review. Hearings conducted under this Code section shall be gov-
erned by the same rules of evidence and procedure as set forth in
Chapter 33-2.
(d) Statements of charges, notices, orders, and other processes of
the Commissioner under this chapter may be served by anyone duly
authorized to act on behalf of the Commissioner. Service of process
may be completed in the manner provided by law for service of
process in civil actions or by registered mail. A copy of the statement
of charges, notice, order, or other process shall be provided to the
person or persons whose rights under this chapter have been allegedly
violated. A verified return setting forth the manner of service, or
return postcard receipt in the case of registered mail shall be suffi-
cient proof of service.
33-39-17. For the purpose of this chapter, an insurance-support
organization transacting business outside this state which has an
effect on a person residing in this state shall be deemed to have
640
GENERAL ACTS AND RESOLUTIONS, VOL. I
appointed the Commissioner to accept service of process on its behalf,
provided the Commissioner causes a copy of such service to be mailed
forthwith by registered mail to the insurance-support organization at
its last known principal place of business. The return postcard
receipt for such mailing shall be sufficient proof that the same was
properly mailed by the Commissioner.
33-39-18. (a) If, after a hearing pursuant to Code Section 33-
39-16, the Commissioner determines that the insurance institution,
agent, or insurance-support organization charged has engaged in
conduct or practices in violation of this chapter, the Commissioner
shall reduce his or her findings to writing and shall issue and cause to
be served upon such insurance institution, agent, or insurance-sup-
port organization a copy of such findings and an order requiring such
insurance institution, agent, or insurance-support organization to
cease and desist from the conduct or practices constituting violation
of this chapter.
(b) If, after a hearing pursuant to Code Section 33-39-16, the
Commissioner determines that the insurance institution, agent, or
insurance-support organization charged has not engaged in conduct
or practices in violation of this chapter, the Commissioner shall
prepare a written report which sets forth findings of fact and conclu-
sions of law. Such report shall be served upon the insurance institu-
tion, agent, or insurance-support organization charged and upon the
person or persons, if any, whose rights under this chapter were
allegedly violated.
(c) Until the expiration of the time allowed under Code Section
33-39-20 of this chapter for filing a petition for review or until such
petition is actually filed, whichever occurs first, the Commissioner
may modify or set aside any order or report issued under this Code
section. After the expiration of the time allowed under Code Section
33-39-20 of this chapter for filing a petition for review, if no such
petition has been duly filed, the Commissioner may, after notice and
opportunity for hearing, alter, modify, or set aside, in whole or in part,
any order or report issued under this Code section whenever condi-
tions of fact or law warrant such action or if the public interest so
requires.
33-39-19. (a) In any case where a hearing pursuant to Code
Section 33-39-16 results in the finding of a knowing violation of this
chapter, the Commissioner may, in addition to the issuance of a cease
GEORGIA LAWS 1982 SESSION
641
and desist order as prescribed in Code Section 33-39-18, order pay-
ment of a monetary penalty of not more than $500.00 for each
violation but not to exceed $10,000.00 in the aggregate for multiple
violations.
(b) Any person who violates a cease and desist order of the
Commissioner under Code Section 33-39-18 of this chapter may, after
notice and hearing and upon order of the Commissioner, be subject to
one or more of the following penalties, at the discretion of the
Commissioner:
(1) A monetary fine of not more than $10,000.00 for each
violation;
(2) A monetary fine of not more than $50,000.00 if the
Commissioner finds that violations have occurred with such fre-
quency as to constitute a general business practice; or
(3) Suspension or revocation of an insurance institutions or
agents license.
33-39-20. (a) Any person subject to an order of the Commis-
sioner under Code Section 33-39-18 or Code Section 33-39-19 or any
person whose rights under this chapter were allegedly violated may
obtain a review of any order or report of the Commissioner by filing in
the superior court of Fulton County, within 30 days from the date of
the service of such order or report, a written petition requesting that
the order or report of the Commissioner be set aside. A copy of such
petition shall be simultaneously served upon the Commissioner, who
shall forthwith certify and file in such court a transcript of the entire
record of the proceeding giving rise to the order or report which is the
subject of the petition. Upon filing of the petition and transcript the
court shall have jurisdiction to make and enter a decree modifying,
affirming, or reversing any order or report of the Commissioner, in
whole or in part. The findings of the Commissioner as to the facts
supporting any order or report, if supported by any evidence, shall be
conclusive.
(b) To the extent an order or report of the Commissioner is
affirmed, the court shall issue its own order commanding obedience to
the terms of the order or report of the Commissioner. If any party
affected by an order or report of the Commissioner shall apply to the
court for leave to produce additional evidence and shall show to the
642
GENERAL ACTS AND RESOLUTIONS, VOL. I
satisfaction of the court that such additional evidence is material and
that there are reasonable grounds for the failure to produce such
evidence in prior proceedings, the court may order such additional
evidence to be taken before the Commissioner in such manner and
upon such terms and conditions as the court may deem proper. The
Commissioner may modify his or her findings of fact or make new
findings by reason of the additional evidence so taken and shall file
such modified or new findings along with any recommendation, if
any, for the modification or revocation of a previous order or report. If
supported by clear and convincing evidence, the modified or new
findings shall be conclusive as to the matters contained therein.
(c) An order or report issued by the Commissioner under Code
Sections 33-39-18 or 33-39-19 shall become final:
(1) Upon the expiration of the time allowed for the filing of
a petition for review, if no such petition has been duly filed except
that the Commissioner may modify or set aside an order or report
to the extent provided in subsection (c) of Code Section 33-39-18;
or
(2) Upon a final decision of the superior court if it directs
that the order or report of the Commissioner be affirmed or the
petition for review dismissed.
(d) No order or report of the Commissioner under this chapter or
order of the court to enforce the same shall in any way relieve or
absolve any person affected by such order or report from any liability
under any law of this state.
33-39-21. (a) If any insurance institution, agent, or insurance-
support organization fails to comply with Code Sections 33-39-9, 33-
39-10, or 33-39-11 of this chapter with respect to the rights granted
under those Code sections, any person whose rights are violated may
apply to any superior court of this state, having jurisdiction over the
defendant, for appropriate equitable relief.
(b) An insurance institution, agent, or insurance-support organi-
zation which discloses information in violation of Code Section 33-39-
14 of this chapter shall be liable for damages sustained by the
individual about whom the information relates; provided, however,
that no individual shall be entitled to a monetary award which
exceeds the actual damages sustained by the individual as a result of a
violation of Code Section 33-39-14 of this chapter.
GEORGIA LAWS 1982 SESSION
643
(c) In any action brought pursuant to this Code section, the
court may award the cost of the action and reasonable attorneys fees
to the prevailing party.
(d) An action under this Code section must be brought within
two years from the date the alleged violation is or should have been
discovered.
(e) Except as specifically provided in this Code section, there
shall be no remedy or recovery available to individuals, in law or in
equity, for occurrences constituting a violation of any provision of this
chapter.
33-39-22. No cause of action in the nature of defamation,
invasion of privacy, or negligence shall arise against any person for
disclosing personal or privileged information in accordance with this
chapter, nor shall such a cause of action arise against any person for
furnishing personal or privileged information to an insurance institu-
tion, agent, or insurance-support organization; provided, however,
this Code section shall provide no immunity for disclosing or furnish-
ing false information with malice or willful intent to injure any
person.
33-39-23. Any person who knowingly and willfully obtains infor-
mation about an individual from an insurance institution, agent, or
insurance-support organization under false pretenses shall be guilty
of a misdemeanor.
Section 2. This Act shall become effective on January 1,1984.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
644
GENERAL ACTS AND RESOLUTIONS, VOL. I
WORKERS COMPENSATION INSURANCE.
Code Title 33 - Chapter 9, Title 34 -
Chapter 9 Amended.
No. 1201 (Senate Bill No. 379).
AN ACT
To amend Chapter 9 of Title 33 of the Official Code of Georgia
Annotated, relating to the regulation of rule making, rates, and
related organizations, so as to change the application of said chapter;
to change the provisions relative to the use of rates filed by rating or
advisory organizations for workers compensation; to change the
provisions relative to the filing by certain insurers of workers com-
pensation rates; to provide for the examination of insurers trans-
acting workers compensation insurance in this state by the Insurance
Commissioner; to amend Chapter 9 of Title 34 of the Official Code of
Georgia Annotated, relating to workers compensation, so as to make
certain editorial changes; to change the provisions relative to the
filing of workers compensation insurance rates with the Insurance
Commissioner; to change the provisions relative to the apportion-
ment of rejected workers compensation policies; to provide for other
matters relative to the foregoing; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 9 of Title 33 of the Official Code of Georgia
Annotated, relating to the regulations of rule making, rates, and
related organizations, is amended by striking paragraph (7) of subsec-
tion (a) of Code Section 33-9-3 which reads as follows:
(7) Workers compensation insurance; provided, however, the
filings required by Code Section 34-9-130 may be made by a rating
organization licensed in accordance with Code Sections 33-9-12
through 33-9-15; and provided, further, Code Sections 33-9-21 and
33-9-32 shall apply.,
and inserting in lieu thereof a new paragraph (7) to read as follows:
(7) Annuities.
GEORGIA LAWS 1982 SESSION
645
Section 2. Said Chapter 9 of Title 33 is further amended by
striking Code Section 33-9-9 in its entirety and inserting in lieu
thereof a new Code Section 33-9-9 to read as follows:
33-9-9. Members and subscribers of rating or advisory organi-
zations may use the rating systems, underwriting rules, or policy or
bond form of the organizations and the rates filed by such organiza-
tions for all lines of insurance covered by the provisions of this
chapter other than workers compensation, either consistently or
intermittently, but, except as provided in Code Sections 33-9-3,33-9-
7, 33-9-19, and 33-9-20, shall not agree with each other or rating
organizations or others to adhere to such rates, rating systems,
underwriting rules, or policy or bond form. The fact that two or more
admitted insurers, whether or not members or subscribers of a rating
or advisory organization, use, either consistently or intermittently,
the rates or rating systems made or adopted by a rating organization,
or the underwriting rules or policy or bond forms prepared by a rating
or advisory organization shall not be sufficient in itself to support a
finding that an agreement so to adhere exists and may be used only
for the purpose of supplementing or explaining any competent evi-
dence of the existence of the agreement.
Section 3. Said Chapter 9 of Title 33 is further amended by
striking Code Section 33-9-21 in its entirety and inserting in lieu
thereof a new Code Section 33-9-21 to read as follows:
33-9-21. Every insurer shall maintain with the Commissioner
copies of the rates, rating plans, rating systems, underwriting rules,
and policy or bond forms used by it. The maintenance of rates, rating
plans, rating systems, underwriting rules, and policy or bond forms
with the Commissioner by a licensed rating organization of which an
insurer is a member or subscriber will be sufficient compliance with
this Code section for any insurer maintaining membership or sub-
scriberships in such organization, to the extent that the insurer uses,
or in the case of a workers compensation insurer uses or proposes to
use, the rates, rating plans, rating systems, underwriting rules, and
policy or bond forms of such organization; provided, however, the
Commissioner may when he deems it necessary, without compliance
with the rule-making procedures of this chapter or Chapter 13 of Title
50, the Georgia Administrative Procedure Act:
(1) Require any domestic, foreign, and alien insurer to file
the required rates, rating plans, rating systems, underwriting
646
GENERAL ACTS AND RESOLUTIONS, VOL. I
rules, and policy or bond forms used, or in the case of a workers
compensation insurer used by it, independent of any filing made
on its behalf or as a member of a licensed rating organization, as he
shall deem to be necessary to insure compliance with the stan-
dards of this chapter and Code Section 34-9-130 and for the best
interests of the citizens of this state; and
(2) Require any domestic, foreign, and alien insurer, writing
or authorized to write workers compensation insurance in this
state, to file such insurers own individual rate filing for premium
rates to be charged for workers compensation insurance coverage
written in this state. Such premium rates shall be developed and
established based upon each individual insurers experience in the
State of Georgia. The experience filed shall include the loss ratios,
reserves, reserve development information, expenses including
commissions paid and dividends paid, investment income, pure
premium data adjusted for loss development and loss trending,
profits, and all other data and information used by that insurer in
formulating its workers compensation premium rates which are
used in this state and any other information or data required by
the Commissioner. The Commissioner is authorized to accept such
rate classifications as are reasonable and necessary for compliance
with this chapter.
Section 4. Said Chapter 9 of Title 33 is further amended by
striking Code Section 33-9-23 in its entirety and inserting in lieu
thereof a new Code Section 33-9-23 to read as follows:
33-9-23. (a) The Commissioner may, at any reasonable time,
make or cause to be made an examination of every admitted insurer
transacting any class of insurance to which this chapter is applicable
to ascertain whether the insurer and every rate and rating system
used by it for each class of insurance complies with the requirements
and standards of this chapter applicable thereto. The examination
shall not be a part of a periodic general examination participated in
by representatives of more than one state.
(b) In addition to and apart from the examination required by
subsection (a) of this Code section, the Commissioner may, at any
reasonable time, examine or cause to be examined by some examiner
duly authorized by him all insurers transacting workers compensa-
tion insurance in this state. This examination will include a review of
the loss ratios, reserves, reserve development information, expenses
GEORGIA LAWS 1982 SESSION
647
including commissions paid and dividends paid, investment income,
pure premium data adjusted for loss development and loss trending,
profits, and all other data and information used by that insurer in
formulating its workers compensation premium rates which are used
in this state and any other information or data required by the
Commissioner. Upon completion of this examination, a report in
such form as the Commissioner shall prescribe shall be filed in his
office.
Section 5. Chapter 9 of Title 34 of the Official Code of Georgia
Annotated, relating to workers compensation, is amended by striking
from the first sentence of Code Section 34-9-122 the following:
, at the rate prescribed by the Insurance Commissioner,,
so that when so amended, Code Section 34-9-122 shall read as follows:
34-9-122. Any policy of insurance issued under this chapter
shall be the standard workers compensation policy of insurance
containing the usual and customary provisions found in such policies
and shall include a provision that the premium charge shall be
promptly paid. If there is any question regarding the lack of accident
prevention and safety engineering with respect to a particular risk,
reasonable rules and regulations are to be promulgated, which shall
be put into full force and effect when approved by the board. The
requirements of this Code section and Code Sections 34-9-131
through 34-9-134 shall be in addition to anything required of insur-
ance companies under the general laws of this state as embodied in
Title 33.
Section 6. Said Chapter 9 of Title 34 is further amended by
striking in its entirety Code Section 34-9-130, which reads as follows:
34-9-130. (a) The rates charged by all carriers of insurance,
including the parties to any mutual, reciprocal, or other plan or
scheme for writing insurance against the liability for compensation
under this chapter, shall be fair, reasonable, and adequate, with due
allowance for merit rating; and all risks of the same kind and degree of
hazard shall be written at the same rate by the same carrier. The basic
rates for policies or contracts of insurance against liability for com-
pensation under this chapter shall be filed with the Insurance Com-
missioner for his approval; and no policy of insurance against such
liability shall be valid until the basic rates thereof have been filed
648
GENERAL ACTS AND RESOLUTIONS, VOL. I
with and approved by the Insurance Commissioner; nor shall such
policy be valid if the basic rates have been subsequently disapproved
by the Commissioner. Any plan or scheme for modification of such
basic rates by physical inspection or experience or merit rating shall
likewise be filed with the Insurance Commissioner and approved by
him; and no carrier of insurance shall write any such policy or
contract until after filing and approval of a basic rate therefor and a
schedule or plan to be employed in producing individual rates for
risks.
(b) Each such insurance carrier, including the parties to any
mutual, reciprocal, or other plan or scheme for writing insurance
against the liability for compensation under this chapter, shall report
to the Insurance Commissioner as provided by law and in accordance
with such reasonable rules as the Insurance Commissioner may at any
time prescribe for the purpose of determining the solvency of the
carrier and the adequacy or reasonableness of its rates and reserves;
for such purpose, the Insurance Commissioner may inspect all the
books and records of such insurance carrier and its agent or agents
and may examine its agents, officers, and directors under oath.
(c) The Insurance Commissioner shall have the power, in such
manner and by such means as he may deem proper and adequate, to
gather statistics and information and make investigations concerning
rates for such insurance; and to that end he may take into consider-
ation the income and earnings, from any and every source whatever,
of any such company and may call upon the members of the board to
sit with him in an advisory capacity at any investigation or hearing
concerning such rates. Authority is conferred upon the Insurance
Commissioner to make such arrangements with the board as may be
agreeable to it for collecting, compiling, preserving, and publishing
statistical and other data in connection with the work of regulating
workers compensation insurance rates; and whenever he deems
proper, with the consent of the board members, he may appoint any
of the members or employees of the board as special agents of the
Insurance Commissioner to take testimony and make reports with
reference to any matters involving questions of workers compensa-
tion insurance rates. Any party at interest may appeal from any
decision of the Insurance Commissioner made under this Code sec-
tion in the manner provided by law.,
and inserting in lieu thereof a new Code Section 34-9-130 to read as
follows:
GEORGIA LAWS 1982 SESSION
649
34-9-130. In addition to the authority prescribed in Title 33, the
Insurance Commissioner shall have the power, in such manner and by
such means as he may deem proper and adequate, to gather statistics
and information and make investigations concerning rates for such
insurance. He may take into consideration the income, earnings, and
loss ratios from any and every source whatever of any such company
and may call upon the directors of the State Board of Workers
Compensation to sit with him in an advisory capacity at any invest-
igation or hearing concerning any rate or rates.
Section 7. Said Chapter 9 of Title 34 is further amended by
striking in its entirety Code Section 34-9-133, which reads as follows:
34-9-133. The board shall prescribe rules and regulations for
apportioning rejected workers compensation policies and may estab-
lish and enforce an equitable assignment of such policies; provided,
however, that the board shall refer the assignment of such policies to
any rate-making or rate-modification bureau or other similar bureau
with the authority to handle such matters in this state, which bureau
is maintained by the insurance carriers and approved by the Insur-
ance Commissioner, if such bureau agrees that, subject to rules
approved by the board, it will immediately assign a company to write
a risk when such risk has been rejected by any three companies doing
business in this state.,
and inserting in lieu thereof a new Code Section 34-9-133 to read as
follows:
34-9-133. The board shall prescribe the rules and regulations
for apportioning rejected workers compensation policies and may
establish an equitable assignment of such policies and enforce such
provisions; provided, however, the Insurance Commissioner is autho-
rized to establish or approve a method to apportion on a pro rata basis
any rejected workers compensation policy where four insurers duly
authorized to write workers compensation insurance refused, in
writing, to issue the workers compensation policy to cover said risk.
In formulating this method of assignment, a minimum loss ratio will
be considered by the Insurance Commissioner. Then, such estab-
lished or approved method shall immediately assign an insurer to
write such risk. Where such assignment has been made under the
aforementioned method, the board shall not make the assignment.
650
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 8. This Act shall become effective on January 1,1984.
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA INSURANCE CODE AMENDED.
No. 1202 (Senate Bill No. 464).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated,
known as the Georgia Insurance Code, so as to amend the standard
valuation and nonforfeiture provisions; to provide for other matters
relative to the foregoing; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 33 of the Official Code of Georgia Annotated,
known as the Georgia Insurance Code, is amended by striking in its
entirety Code Section 33-10-13, relating to valuation of life insurance
policies, and substituting in lieu thereof a new Code Section 33-10-13
to read as follows:
33-10-13. (a) This Code section shall be known as the Stan-
dard Valuation Law.
(b) The Commissioner shall annually value or cause the insurer
to value the reserve liabilities, hereinafter called reserves, for all
outstanding life insurance policies and annuity and pure endowment
contracts of every life insurer doing business in this state and may
certify the amount of the reserves specifying the mortality table or
tables, rate or rates of interest, and methods, net level premium
method or others, used in the calculation of the reserves. In the case of
GEORGIA LAWS 1982 SESSION
651
an alien insurer, such valuation shall be limited to its insurance
transactions in the United States. In calculating such reserves, the
Commissioner may use group methods and approximate averages for
fractions of a year or otherwise. In lieu of the valuation of the reserves
as required by this Code section of any foreign or alien insurer, the
Commissioner may accept any valuation made or caused to be made
by the insurance supervisory official of any state or other jurisdiction
when such valuation complies with the minimum standard provided
by this Code section and if the official of that state or jurisdiction
accepts as sufficient and valid for all legal purposes the certificate of
valuation of the Commissioner when the certificate states the valua-
tion to have been made in a specified manner according to which the
aggregate reserves would be at least as large as if they had been
computed in the manner prescribed by the law of that state or
jurisdiction.
(c) The minimum standard for the valuation of all such policies
and contracts issued prior to January 1, 1966, shall be as required
under the laws in effect immediately prior to January 1,1961, or the
minimum provided in subsection (d) of this Code section if less.
(d) (1) Except as otherwise provided in paragraphs (2) and (3)
through (7) of this subsection, the minimum standards for the
valuation of all life insurance policies and annuity or pure endow-
ment contracts issued on or after January 1, 1966, shall be the
Commissioners reserve valuation methods defined in subsections
(e) , (f), and (j) of this Code section and the following interest rates
and tables:
(A) Three and one-half percent interest or, in the case
of policies and contracts other than annuity and pure endow-
ment contracts issued on or after July 1, 1973, 4 percent
interest for such policies issued prior to July 1, 1979, 5 1/2
percent interest for single premium life insurance policies,
and 4 1/2 percent interest for all other such policies issued on
or after July 1,1979;
(B) For all ordinary policies of life insurance issued on
the standard basis, excluding any disability and accidental
death benefits in such policies, the Commissioners 1958
Standard Ordinary Mortality Tables for such policies issued
prior to the operative date of subsection (e) of Code Section
33-25-4 as amended, except that for any category of such
652
GENERAL ACTS AND RESOLUTIONS, VOL. I
policies issued on female risk modified net premiums and
present values, referred to in subsection (e) of this Code
section, may be calculated at the insurers option and with the
Commissioners approval according to an age not more than
six years younger than the actual age of the insured; and for
such policies issued on or after the operative date of subsec-
tion (e) of Code Section 33-25-4, (i) the Commissioners 1980
Standard Ordinary Mortality Table or, (ii) at the election of
the insurer for any one or more specified plans of life insur-
ance, the Commissioners 1980 Standard Ordinary Mortality
Table with Ten-Year Select Mortality Factors, or (iii) any
ordinary mortality table, adopted after 1980 by the National
Association of Insurance Commissioners, that is approved by
regulation promulgated by the Commissioner for use in deter-
mining the minimum standard of valuation for such policies;
(C) For all industrial life insurance policies issued on
the standard basis, excluding any disability and accidental
death benefits in such policies, the 1941 Standard Industrial
Mortality Table; for such policies issued prior to the date on
which the Commissioners 1961 Standard Industrial Mortal-
ity Table becomes applicable in accordance with subsection
(d) of Code Section 33-25-4 and for such policies issued on or
after such date the Commissioners 1961 Standard Industrial
Mortality Table or any industrial mortality table, adopted
after 1980 by the National Association of Insurance Commis-
sioners, that is approved by regulation promulgated by the
Commissioner for use in determining the minimum standard
of valuation for such policies;
(D) For individual annuity and pure endowment con-
tracts, excluding any disability and accidental death benefits
in such policies, the 1937 Standard Annuity Mortality Table
or, at the option of the insurer, the Annuity Mortality Table
for 1949, ultimate, or any modification of either of these
tables approved by the Commissioner;
(E) For group annuity and pure endowment contracts,
excluding any disability and accidental death benefits in such
policies, the Group Annuity Mortality Table for 1951, any
modification of such table approved by the Commissioner or,
at the option of the insurer, any of the tables or modifications
of tables specified for individual annuity and pure endow-
ment contracts;
GEORGIA LAWS 1982 SESSION
653
(F) For total and permanent disability benefits in or
supplementary to ordinary policies or contracts, for policies
or contracts issued on or after January 1, 1966, the tables of
Period 2 disablement rates and the 1930 to 1960 termination
rates of the 1952 Disability Study of the Society of Actuaries,
with due regard to the type of benefit or any tables of
disablement rates and termination rates, adopted after 1980
by the National Association of Insurance Commissioners,
that are approved by regulation promulgated by the Commis-
sioner for use in determining the minimum standard of
valuation for such policies; for policies or contracts issued
prior to January 1,1966, either such tables or, at the option of
the insurer, the Class (3) Disability Table (1926). Any such
table shall, for active lives, be combined with a mortality table
permitted for calculating the reserves for life insurance poli-
cies;
(G) For accidental death benefits in or supplementary
to policies, for policies issued on or after January 1,1966, the
1959 Accidental Death Benefits Table or any accidental death
benefits table, adopted after 1980 by the National Association
of Insurance Commissioners, that is approved by regulation
promulgated by the Commissioner for use in determining the
minimum standard of valuation for such policies; for policies
issued prior to January 1, 1966, either such table or, at the
option of the insurer, the Inter-Company Double Indemnity
Mortality Table. Either table shall be combined with a mor-
tality table permitted for calculating the reserves for life
insurance policies; and
(H) For group life insurance, life insurance issued on
the substandard basis, and other special benefits such tables
or appropriate modifications of such tables as may be
approved by the Commissioner as being sufficient with rela-
tion to the benefits provided by those policies.
(2) Except as provided in paragraphs (3) through (7), the
minimum standard for the valuation of all individual annuity and
pure endowment contracts issued on or after the operative date of
this paragraph, as defined herein, and for all annuities and pure
endowments purchased on or after the operative date under group
annuity and pure endowment contracts, shall be the Commis-
sioners reserve valuation methods defined in subsections (e) and
(f) of this Code section and the following tables and interest rates:
654
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) For individual annuity and pure endowment con-
tracts issued prior to July 1, 1979, excluding any disability
and accidental death benefits in such contracts, the 1971
Individual Annuity Mortality Table or any modification of
this table approved by the Commissioner and 6 percent
interest for single premium immediate annuity contracts and
4 percent interest for all other individual annuity and pure
endowment contracts;
(B) For individual single premium immediate annuity
contracts issued on or after July 1, 1979, excluding any
disability and accidental death benefits in such contracts, the
1971 Individual Annuity Mortality Table or any individual
annuity mortality table, adopted after 1980 by the National
Association of Insurance Commissioners that is approved by
regulation promulgated by the Commissioner for use in deter-
mining the minimum standard of valuation for such contracts
or any modification of these tables approved by the Commis-
sioner and 7 1/2 percent interest;
(C) For individual annuity and pure endowment con-
tracts issued on or after July 1, 1979, other than single
premium immediate annuity contracts, excluding any disabil |
ity and accidental death benefits in such contracts, the 1971
Individual Annuity Mortality Table or any individual annu-
ity mortality table, adopted after 1980 by the National Asso-
ciation of Insurance Commissioners, that is approved by
regulation promulgated by the Commissioner for use in deter-
mining the minimum standard of valuation for such contracts
or any modification of these tables approved by the Commis-
sioner and 5 1/2 percent interest for single premium deferred
annuity and pure endowment contracts and 4 1/2 percent
interest for all other such individual annuity and pure endow-
ment contracts;
(D) For all annuities and pure endowments purchased
prior to July 1, 1979, under group annuity and pure endow-
ment contracts, excluding any disability and accidental death
benefits purchased under such contracts, the 1971 Group
Annuity Mortality Table or any modification of this table
approved by the Commissioner and 6 percent interest; and
GEORGIA LAWS 1982 SESSION
655
(E) For all annuities and pure endowments purchased
on or after July 1, 1979, under group annuity and pure
endowment contracts, excluding any disability and accidental
death benefits purchased under such contracts, the 1971
Group Annuity Mortality Table or any group annuity mortal-
ity table, adopted after 1980 by the National Association of
Insurance Commissioners, that is approved by regulation
promulgated by the Commissioner for use in determining the
minimum standard of valuation for such annuities and pure
endowments or any modification of these tables approved by
the Commissioner and 7 1/2 percent interest.
After July 1,1973, any insurer may file with the Commissioner a
written notice of its election to comply with paragraph (2) of
subsection (d) of this Code section after a specified date before
January 1, 1979, which shall be the operative date of said para-
graph (2) for such insurer, provided that an insurer may elect a
different operative date for individual annuity and pure endow-
ment contracts from that elected for group annuity and pure
endowment contracts. If an insurer makes no such election, the
operative date of said paragraph for such insurer shall be January
1,1979.
(3) The interest rates used in determining the minimum
standard for the valuation of:
(A) All life insurance policies issued in a particular
calendar year, on or after the operative date of subsection (e)
of Code Section 33-25-4;
(B) All individual annuity and pure endowment con-
tracts issued in a particular calendar year on or after January
1,1983;
(C) All annuities and pure endowments purchased in a
particular calendar year on or after January 1, 1983, under
group annuity and pure endowment contracts; and
(D) The net increase, if any, in a particular calendar
year after January 1,1983, in amounts held under guaranteed
interest contracts
656
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall be the calendar year statutory valuation interest rates as
defined in paragraphs (4) through (7).
(4) The calendar year statutory valuation interest rates, I,
shall be determined as follows and the results rounded to the
nearer one-quarter of 1 percent:
(A) For life insurance:
I=.03 + W(R1.03) +1/2 W(R2.09);
(B) For single premium immediate annuities and for
annuity benefits involving life contingencies arising from
other annuities with cash settlement options and from guar-
anteed interest contracts with cash settlement options:
I = .03 + W(R.03)
where R1 is the lesser of R and .09, R2 is the greater of R and
.09, R is the reference interest rate defined in paragraph (6),
and W is the weighting factor defined in paragraph (5);
(C) For other annuities with cash settlement options
and guaranteed interest contracts with cash settlement
options, valued on an issue year basis, except as stated in (B)
above, the formula for life insurance stated in (A) above shall
apply to annuities and guaranteed interest contracts with
guarantee durations in excess of ten years and the formula for
single premium immediate annuities stated in (B) above shall
apply to annuities and guaranteed interest contracts with
guarantee duration of ten years or less;
(D) For other annuities with no cash settlement options
and for guaranteed interest contracts with no cash settlement
options, the formula for single premium immediate annuities
stated in (B) above shall apply;
(E) For other annuities with cash settlement options
and guaranteed interest contracts - with cash settlement
options, valued on a change in fund basis, the formula for
single premium immediate annuities stated in (B) above shall
apply;
GEORGIA LAWS 1982 SESSION
657
However, if the calendar year statutory valuation interest rate for
any life insurance policies issued in any calendar year determined
without reference to this sentence differs from the corresponding
actual rate for similar policies issued in the immediately preceding
calendar year by less than one-half of 1 percent, the calendar year
statutory valuation interest rate for such life insurance policies
shall be equal to the corresponding actual rate for the immediately
preceding calendar year. For purposes of applying the immedi-
ately preceding sentence, the calendar year statutory valuation
interest rate for life insurance policies issued in a calendar year
shall be determined for 1980 (using the reference interest rate
defined for 1979) and shall be determined for each subsequent
calendar year regardless of when subsection (e) of Code Section
33-25-4 becomes operative.
(5) The weighting factors referred to in the formulas stated
above are given in the following tables:
(A) Weighting Factors for Life Insurance:
Guarantee
Duration Weighting
(Years) Factors
10 or less .50
More than 10, but
not more than 20 .45
More than 20 .35
For life insurance, the guarantee duration is the maximum
number of years the life insurance can remain in force on a
basis guaranteed in the policy or under options to convert to
plans of life insurance with premium rates or nonforfeiture
values or both which are guaranteed in the original policy;
(B) Weighting factor for single premium immediate
annuities and for annuity benefits involving life contingencies
arising from other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options:
.80;
658
GENERAL ACTS AND RESOLUTIONS, VOL. I
(C) Weighting factors for other annuities and for guar-
anteed interest contracts, except as stated in (B) above, shall
be as specified in tables (I), (II), and (III) below, according to
the rules and definitions in (IV), (V), and (VI) below:
I. For annuities and guaranteed
interest contracts valued on
an issue year basis:
Guarantee
Duration
(Years)
5 or less:
More than 5,
but not more
than 10:
More than 10,
but not more
than 20:
More than 20:
Weighting Factor
for Plan Type
ABC
.80
.75
.65
.45
.60
.60
.50
.35
.50
.50
.45
.35
Plan Type
B
II. For annuities and
guaranteed interest
contracts valued on
a change in fund
basis, the factors
shown in I. above
increased by: .15 .25 .05
Plan Type
ABC
III. For annuities and
guaranteed interest
contracts valued on
an issue year basis
GEORGIA LAWS 1982 SESSION
659
(other than those
with no cash settle-
ment options) which
do not guarantee
interest on consider-
ations received more
than one year after
issue or purchase and
for annuities and
guaranteed interest
contracts valued on a
change in fund basis
which do not guarantee
interest rates on con-
siderations received
more than 12 months
beyond the valuation
date, the factors
shown in I. or
derived in II.
increased by: .05 .05 .05
IV. For other annuities with cash settlement
options and guaranteed interest contracts with cash set-
tlement options, the guarantee duration is the number of
years for which the contract guarantees interest rates in
excess of the calendar year statutory valuation interest
rate for life insurance policies with guarantee duration in
excess of 20 years. For other annuities with no cash
settlement options and for guaranteed interest contracts
with no cash settlement options, the guarantee duration
is the number of years from the date of issue or date of
purchase to the date annuity benefits are scheduled to
commence;
V. Plan type as used in the above tables is defined
as follows:
Plan Type A: At any time policyholder may
withdraw funds only (1) with an adjustment to
reflect changes in interest rates or asset values since
receipt of the funds by the insurer, or (2) without
such adjustment but in installments over five years
660
GENERAL ACTS AND RESOLUTIONS, VOL. I
or more, or (3) as an immediate life annuity, or (4) no
withdrawal permitted;
Plan Type B: Before expiration of the interest
rate guarantee, policyholder may withdraw funds
only (1) with adjustment to reflect changes in inter-
est rates or asset values since receipt of the funds by
the insurer, or (2) without such adjustment but in
installments over five years or more, or (3) no with-
drawal permitted. At the end of interest rate guar-
antee, funds may be withdrawn without such adjust-
ment in a single sum or installments over less than
five years;
Plan Type C: Policyholder may withdraw
funds before expiration of interest rate guarantee in
a single sum or installments over less than five years
either (1) without adjustment to reflect changes in
interest rates or asset values since receipt of the
funds by the insurer, or (2) subject only to a fixed
surrender charge stipulated in the contract as a
percentage of the fund;
VI. An insurer may elect to value guaranteed inter-
est contracts with cash settlement options and annuities
with cash settlement options on either an issue year basis
or on a change in fund basis. Guaranteed interest
contracts with no cash settlement options and other
annuities with no cash settlement options must be valued
on an issue year basis. As used in this subsection, an issue
year basis of valuation refers to a valuation basis under
which the interest rate used to determine the minimum
valuation standard for the entire duration of the annuity
or guaranteed interest contract is the calendar year valu-
ation interest rate for the year of issue or year of purchase
of the annuity or guaranteed interest contract, and the
change in fund basis of valuation refers to a valuation
basis under which the interest rate used to determine the
minimum valuation standard applicable to each change
in the fund held under the annuity or guaranteed interest
contract is the calendar year valuation interest rate for
the year of the change in the fund.
GEORGIA LAWS 1982 SESSION
661
(6) The Reference Interest Rate referred to in paragraph (4)
of this subsection shall be defined as follows:
(A) For all life insurance, the lesser of the average over
a period of 36 months and the average over a period of 12
months, ending on June 30 of the calendar year next preced-
ing the year of issue, of Moodys Corporate Bond Yield
Average Monthly Average Corporates, as published in
Moodys Investors Service, Inc;
(B) For single premium immediate annuities and for
annuity benefits involving life contingencies arising from
other annuities with cash settlement options and guaranteed
interest contracts with cash settlement options, the average
over a period of 12 months, ending on June 30 of the calendar
year of issue or year of purchase, of Moodys Corporate Bond
Yield Average Monthly Average Corporates, as published
by Moodys Investors Service, Inc;
(C) For other annuities with cash settlement options
and guaranteed interest contracts with cash settlement
options, valued on a year of issue basis, except as stated in (B)
above, with guarantee duration in excess of ten years, the
lesser of the average over a period of 36 months and the
average over a period of 12 months, ending on June 30 of the
calendar year of issue or purchase, of Moodys Corporate
Bond Yield Average Monthly Average Corporates, as
published by Moodys Investors Service, Inc;
(D) For other annuities with cash settlement options
and guaranteed interest contracts with cash settlement
options, valued on a year of issue basis, except as stated in (B)
above, with guarantee duration of ten years or less, the
average over a period of 12 months, ending on June 30 of the
calendar year of issue or purchase, of Moodys Corporate
Bond Yield Average Monthly Average Corporates, as
published by Moodys Investors Service, Inc;
(E) For other annuities with no cash settlement options
and for guaranteed interest contracts with no cash settlement
options, the average over a period of 12 months, ending on
June 30 of the calendar year of issue or purchase, of Moodys
Corporate Bond Yield Average Monthly Average Corpo-
rates, as published by Moodys Investors Service, Inc;
662
GENERAL ACTS AND RESOLUTIONS, VOL. I
(F) For other annuities with cash settlement options
and guaranteed interest contracts with cash settlement
options, valued on a change in fund basis, except as stated in
(B) above, the average over a period of 12 months, ending on
June 30 of the calendar year of the change in the fund, of
Moodys Corporate Bond Yield Average Monthly Aver-
age Corporates, as published by Moodys Investors Service,
Inc.
(7) In the event that Moodys Corporate Bond Yield Aver-
age Monthly Average Corporates is no longer published by
Moodys Investors Service, Inc., or, in the event that the National
Association of Insurance Commissioners determines that Moodys
Corporate Bond Yield Average Monthly Average Corporates
as published by Moodys Investors Service, Inc., is no longer
appropriate for the determination of the reference interest rate,
then the alternative method for determination of the reference
interest rate, which is adopted by the National Association of
Insurance Commissioners and approved by regulation promul-
gated by the Commissioner, may be substituted.
(e) (1) Except as otherwise provided in subsections (f) and (g)
reserves according to the Commissioners reserve valuation
method, for the life insurance and endowment benefits of policies
providing for a uniform amount of insurance and requiring the
payment of uniform premiums, shall be the excess, if any, of the
present value at the date of valuation of the future guaranteed
benefits provided for by the policies over the then present value of
any future modified net premiums therefor. The modified net
premiums for the policy shall be the uniform percentage of the
respective contract premiums for the benefits, excluding extra
premiums on a substandard policy, that the present value at the
date of issue of the policy of all the modified net premiums shall be
equal to the sum of the then present value of the benefits provided
for by the policy and the excess of subparagraph (A) of this
subsection over subparagraph (B) of this subsection as follows:
(A) A net level annual premium equal to the present
value at the date of issue of such benefits provided for after
the first policy year, divided by the present value at the date
of issue of an annuity of one such policy on which a premium
falls due; provided, however, that per annum payable on the
first and each subsequent anniversary of the net level annual
GEORGIA LAWS 1982 SESSION
663
premium shall not exceed the net level annual premium on
the 19 year premium whole life plan for insurance of the same
amount at an age one year higher than the age at issue of the
policy; and
(B) A net one-year term premium for the benefits
provided for in the first policy year.
Provided that for any life insurance policy issued on or after the
effective date of subsection (h) of Code Section 33-25-4 for which
the contract premium in the first policy year exceeds that of the
second year and for which no comparable additional benefit is
provided in the first year for such excess and which provides an
endowment benefit or a cash surrender value or a combination
thereof in an amount greater than such excess premium, the
reserve according to the Commissioners reserve valuation method
as of any policy anniversary occurring on or before the assumed
ending date defined herein as the first policy anniversary on which
the sum of any endowment benefit and any cash surrender value
then available is greater than such excess premium shall, except as
otherwise provided in subsection (j), be the greater of the reserve
as of such policy anniversary calculated as described in the
preceding paragraph and the reserve as of such policy anniversary
calculated as described in that paragraph, but with (i) the value
defined in subparagraph (A) of that paragraph being reduced by
15 percent of the amount of such excess first year premium, (ii) all
present values of benefits and premiums being determined with-
out reference to premiums or benefits provided for by the policy
after the assumed ending date, (iii) the policy being assumed to
mature on such date as an endowment, and (iv) the cash surrender
value provided on such date being considered as an endowment
benefit. In making the above comparison the mortality and
interest bases stated in subsection (d) shall be used.
(2) Reserves according to the Commissioners reserve valua-
tion method for:
(A) Life insurance policies providing for a varying
amount of insurance or requiring the payment of varying
premiums;
(B) Group annuity and pure endowment contracts pur-
chased under a retirement plan or plan of deferred compensa-
664
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion, established or maintained by an employer, including a
partnership or sole proprietorship, or by an employee organi-
zation or by both, other than a plan providing individual
retirement accounts or individual retirement annuities under
Section 408 of the Internal Revenue Code as now or hereafter
amended;
(C) Disability and accidental death benefits in all poli-
cies and contracts; and
(D) All other benefits, except life insurance and endow-
ment benefits in life insurance policies and benefits provided
by all other annuity and pure endowment contracts, shall be
calculated by a method consistent with the principles of this
subsection.
(f) This subsection shall apply to all annuity and pure endow-
ment contracts other than group annuity and pure endowment con-
tracts purchased under a retirement plan or plan of deferred compen-
sation established or maintained by an employer, including a partner-
ship or sole proprietorship, or by an employee organization or by
both, other than a plan providing individual retirement accounts or
individual retirement annuities under Section 408 of the Internal
Revenue Code. Reserves according to the Commissioners annuity
reserve method for benefits under annuity or pure endowment con-
tracts, excluding any disability and accidental death benefits in the
contracts, shall be the greatest of the respective excesses of the
present values at the date of valuation of the future guaranteed
benefits, including guaranteed nonforfeiture benefits provided for by
the contracts at the end of each respective contract year, over the
present value at the date of valuation of any future valuation consid-
erations derived from future gross considerations required by the
terms of the contract that become payable prior to the end of the
respective contract year. The future guaranteed benefits shall be
determined by using the mortality table, if any, and the interest rate
or rates, specified in such contracts for determining guaranteed
benefits. The valuation considerations are the portions of the respec-
tive gross considerations applied under the terms of the contracts to
determine nonforfeiture values.
(g) In no event shall an insurers aggregate reserve for all life
insurance policies, excluding disability and accidental death benefits
issued on or after January 1,1966, be less than the aggregate reserves
GEORGIA LAWS 1982 SESSION
665
calculated in accordance with the methods set forth in subsections
(e), (f), (j), and (k) of this Code section and the mortality table or
tables and rate or rates of interest used in calculating nonforfeiture
benefits for the policies.
(h) (1) Reserves for all policies and contracts issued prior to
January 1, 1966, may be calculated, at the option of the insurer,
according to any standards which produce greater aggregate
reserves for all the policies and contracts than the minimum
reserves required by the laws in effect immediately prior to that
date.
(2) For any category of policies, contracts, or benefits speci-
fied in subsection (d) of this Code section issued on or after
January 1, 1966, reserves may be calculated, at the option of the
insurer, according to any standard or standards which produce
greater aggregate reserves for such category than those calculated
according to the minimum standard provided in this Code section;
but the rate or rates of interest used for policies and contracts,
other than annuity and pure endowment contracts, shall not be
higher than the corresponding rate or rates of interest used in
calculating any nonforfeiture benefits provided for in the policies
and contracts.
(i) An insurer who at any time had adopted any standard of
valuation producing greater aggregate reserves than those calculated
according to the minimum standard provided for in subsection (g) of
this Code section may, with the approval of the Commissioner, adopt
any lower standard of valuation but not lower than the minimum
provided in this subsection.
(j) If in any contract year the gross premium charged by any life
insurer on any policy or contract issued on or after January 1,1966, is
less than the valuation net premium for the policy or contract
calculated by the method used in calculating the reserve thereon but
using the minimum valuation standards of mortality and rate of
interest, the minimum reserve required for such policy or contract
shall be the greater of either the reserve calculated according to the
mortality table, rate of interest, and method actually used for such
policy or contract or the reserve calculated by the method actually
used for the policy or contract but using the minimum valuation
standards of mortality and rate of interest and replacing the valua-
tion net premium by the actual gross premium in each contract year
666
GENERAL ACTS AND RESOLUTIONS, VOL. I
for which the valuation net premium exceeds the actual gross pre-
mium. The minimum valuation standards of mortality and rate of
interest referred to in this Code section are those standards stated in
subsection (d).
Provided that for any life insurance policy issued on or after the
effective date of subsection (h) of Code Section 33-25-4 for which the
gross premium in the first policy year exceeds that of the second year
and for which no comparable additional benefit is provided in the
first year for such excess and which provides as an endowment benefit
or a cash surrender value or a combination thereof in an amount
greater than such excess premium, the foregoing provisions of this
subsection (j) shall be applied as if the method actually used in
calculating the reserve for such policy were the method described in
subsection (e), ignoring the second paragraph of paragraph (1) of
subsection (e). The minimum reserve at each policy anniversary of
such a policy shall be the greater of the minimum reserve calculated
in accordance with subsection (e), including the second paragraph of
paragraph (1) of that subsection, and the minimum reserve calculated
in accordance with this subsection (j).
(k) In the case of any plan of life insurance which provides for
future premium determination, the amounts of which are to be
determined by the insurer based on then estimates of future experi-
ence, or in the case of any plan of life insurance or annuity which is of
such a nature that the minimum reserves cannot be determined by
the methods described in subsections (d), (e), (f) and (j), the reserves
which are held under any such plan must:
(1) Be appropriate in relation to the benefits and the
pattern of premiums for that plan; and
(2) Be computed by a method which is consistent with the
principles of this Standard Valuation Law
as determined by regulations promulgated by the Commissioner.
Section 2. Said Title 33 is further amended by striking in its
entirety paragraph (7) of subsection (a) of Code Section 33-25-3,
relating to provisions in insurance policies, and inserting in lieu
thereof a new paragraph (7) to read as follows:
GEORGIA LAWS 1982 SESSION
667
(7) In the case of policies which cause on a basis guaranteed in
the policy unscheduled changes in benefits or premiums, or which
provide an option for changes in benefits or premiums other than a
change to a new policy, a statement of the mortality table, interest
rate, and method used in calculating cash surrender values and the
paid-up nonforfeiture benefits available under the policy. In the case
of all other policies, a statement of the mortality table and interest
rate used in calculating the cash surrender values and the paid-up
nonforfeiture benefits available under the policy, together with a
table showing the cash surrender value, if any, and paid-up nonforfei-
ture benefits, 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, such values and benefits to 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;.
Section 3. Said Title 33 is further amended by striking in its
entirety Code Section 33-25-4, relating to nonforfeiture values, and
substituting in lieu thereof a new Code Section 33-25-4 to read as
follows:
(a) (1) Except as provided in subsection (f) of this Code
section, no policy of life insurance issued on or after January 1,
1966, shall be delivered or issued for delivery in this state unless it
shall contain the following provisions, or corresponding provisions
which in the opinion of the Commissioner are at least as favorable
to the defaulting or surrendering policyholder as are in the mini-
mum requirements hereinafter specified and are essentially in
compliance with subsection (h) of this Code section:
(A) A provision that, in the event of default in any
premium payment, the insurer will grant, upon proper
request not later than 60 days after the due date of the
premium in default, a paid-up nonforfeiture benefit on a plan
stipulated in the policy, effective as of such due date, of such
amount as specified in subsection (c) of this Code section. In
lieu of such stipulated paid-up nonforfeiture benefit, the
insurer may substitute, upon proper request not later than 60
days after the due date of the premium in default, an actuar-
ially equivalent alternative paid-up nonforfeiture benefit
which provides a greater amount or longer period of death
benefits or, if applicable, a greater amount or earlier payment
of endowment benefits;
668
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) A provision that, upon surrender of the policy,
within 60 days after the due date of any premium payment in
default, after premiums 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 specified in
subsection (b) of this Code section;
(C) A provision that a specified paid-up nonforfeiture
benefit shall become effective as specified in the policy unless
the person entitled to make such election elects another
available option not later than 60 days after the due date of
the premium in default;
(D) A provision 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 30 days
after any policy anniversary, a cash surrender value of such
amount as specified in subsection (b) of this Code section;
(E) An explanation of the manner in which the cash
surrender values and the paid-up nonforfeiture benefits are
altered by the existence of any paid-up additions, credited to
the policy, or any indebtedness to the insurer on the policy; if
a detailed statement of the method of computation of the
values and benefits shown in the policy is not stated in the
policy, a statement that the method of computation has been
filed with the supervisory insurance official of the state in
which the policy is delivered; and a statement of the method
to be used in calculating the cash surrender value and paid-up
nonforfeiture benefit available under the policy on any policy
anniversary beyond the last anniversary for which the values
and benefits are consecutively shown in the policy.
(2) Any of the provisions or portions thereof set forth in
subparagraphs (a)(1)(A) through (a)(1)(E) of this Code section
not applicable by reason of the plan of insurance may, to the
extent inapplicable, be omitted from the policy.
(3) The insurer shall reserve the right to defer the payment
of any cash surrender value for a period of six months after
demand therefor with surrender of the policy.
GEORGIA LAWS 1982 SESSION
669
(b) (1) Any cash surrender value available under the policy in
the event of default in a premium payment due on any policy
anniversary, whether or not required by subsection (a) of this
Code section, shall be an amount not less than the excess, if any, of
the present value on the anniversary of the future guaranteed
benefits which would have been provided for by the policy,
including any existing paid-up additions, if there had been no
default, over the sum of the then present value of the adjusted
premiums as defined in subsections (d) and (e) of this Code
section, corresponding to premiums which would have fallen due
on and after the anniversary and the amount of any indebtedness
to the insurer on account of or secured by the policy.
(2) Provided, however, that for any policy issued on or after
the operative date of subsection (e) of this Code section as defined
therein, which provides supplemental life insurance or annuity
benefits at the option of the insured and for an identifiable
additional premium by rider or supplemental policy provision, the
cash surrender value referred to in paragraph (1) of this subsec-
tion (b) shall be an amount not less than the sum of the cash
surrender value as defined in such paragraph for an otherwise
similar policy issued at the same age without such rider or
supplemental policy provision and the cash surrender value as
defined in such paragraph for a policy which provides only the
benefits otherwise provided by such rider or supplemental policy
provision.
(3) Provided, further, that for any family policy issued on or
after the operative date of subsection (e) of this Code section as
defined therein, which defines a primary insured and provides
term insurance on the life of the spouse of the primary insured
expiring before the spouses age 71, the cash surrender value
referred to in paragraph (1) of this subsection (b) shall be an
amount not less than the sum of the cash surrender value as
defined in such paragraph for an otherwise similar policy issued at
the same age without such term insurance on the life of the spouse
and the cash surrender value as defined in such paragraph for a
policy which provides only the benefits otherwise provided by
such term insurance on the life of the spouse.
(4) Any cash surrender value available within 30 days after
any policy anniversary under any policy paid up by completion of
all premium payments, or any policy continued under any paid-up
670
GENERAL ACTS AND RESOLUTIONS, VOL. I
nonforfeiture benefit, whether or not required by subsection (a) of
this Code section, shall be an amount not less than the present
value on the anniversary of the future guaranteed benefits pro-
vided for by the policy, including any existing paid-up additions,
decreased by any indebtedness to the insurer on account of or
secured by the policy.
(c) Any paid-up nonforfeiture benefit available under the policy
in the event of default in a premium payment due on any policy
anniversary shall be such that its present value as of the anniversary
shall be at least equal to the cash surrender value then provided for by
the policy or, if none is provided for, that cash surrender value which
would have been required by this Code section in the absence of the
condition that premiums shall have been paid for at least a specified
period.
(d) (1) This subsection (d) shall not apply to policies issued on
or after the operative date of subsection (e) as defined therein,
except that, with respect to such policies for which the gross
premium during the first policy year includes any additional
amounts for which no comparable additional benefit is provided
during that year, this subsection shall continue to apply until the
effective date of subsection (h) of this Code section. Except as
provided in paragraph (3) of this subsection, the adjusted pre-
miums for any policy shall be calculated on an annual basis and
shall be such uniform percentage or percentages of the respective
premiums specified in the policy for each policy year, excluding
extra premiums on a substandard policy and excluding any addi-
tional amounts payable during the first policy year for which there
are no comparable additional insurance benefits provided during
that year, that the present value at the date of issue of the policy of
all such adjusted premiums shall be equal to the sum of (A) the
then present value of the future guaranteed benefits provided for
by the policy; (B) two percent of the amount of the insurance if the
insurance be uniform in amount, or of the equivalent uniform
amount, as defined in paragraph (3) of this subsection, if the
amount of insurance varies with the duration of the policy; (C)
forty percent of the adjusted premium for the first policy year; (D)
twenty-five percent of either the adjusted premium for the first
policy year or the adjusted premium for a whole life policy of the
same uniform or equivalent uniform amount with uniform pre-
miums for the whole of life issued at the same age for the same
amount of insurance, whichever is less, reduced by (E) any addi-
GEORGIA LAWS 1982 SESSION
671
tional amounts payable during the first policy year for which there
are no comparable additional insurance benefits provided during
that year.
(2) The adjusted premiums shall be a single uniform per-
centage of the respective premiums specified in the policy for each
policy year, unless the adjusted premiums result in cash surrender
values which are smaller than endowment amounts provided by
the policy prior to maturity as of the date or dates such endow-
ment amounts are provided, in which event the adjusted pre-
miums shall be determined as uniform percentages of the respec-
tive premiums specified in the policy such that no cash surrender
value is smaller than any endowment amount provided by the
policy prior to maturity as of the date or dates such endowment
amount is provided. For the purposes for this paragraph, the
Commissioner may treat any cash surrender value actually pro-
vided by the policy as equivalent to an endowment amount;
provided, however, that in applying the percentages specified in
items (C) and (D) of paragraph (1) of this subsection no adjusted
premium shall be deemed to exceed 4 percent of the amount of
insurance or uniform amount equivalent thereto. The date of issue
of a policy for the purpose of this Code section shall be the date as
of which the rated age of the insured is determined.
(3) In the case of a policy providing an amount of insurance
varying with the duration of the policy, the equivalent uniform
amount of insurance, for the purpose of this subsection, shall be
deemed to be the uniform amount of insurance provided by an
otherwise similar policy containing the same endowment benefit
or benefits, if any, issued at the same age and for the same term,
the amount of which does not vary with duration, and the benefits
under which have the same present value at the date of issue as the
benefits under the policy; provided, however, that in the case of a
policy providing a varying amount of insurance issued on the life
of a child under age ten, the equivalent uniform amount may be
computed as though the amount of insurance provided by the
policy prior to the attainment of age ten was the amount provided
by the policy at age ten. In the case of a policy which provides pure
endowment benefits which are payable without reducing the
amount of insurance provided by the policy and which may be
applied to provide additional amounts of paid-up life insurance,
the equivalent uniform amount of insurance shall be determined
on the amounts of insurance which would be effective if all the
672
GENERAL ACTS AND RESOLUTIONS, VOL. I
pure endowment benefits were applied to provide such additional
amounts of paid-up life insurance.
(4) The adjusted premiums for any policy providing term
insurance benefits by rider or supplemental policy provision shall
be equal to (A) the adjusted premiums for an otherwise similar
policy issued at the same age without such term insurance bene-
fits, increased, during the period for which premiums for such
term insurance benefits are payable, by (B) the adjusted pre-
miums for such term insurance, items (A) and (B) of this para-
graph being calculated separately and as specified in paragraphs
(1) through (3) of this subsection, except that, for the purpose of
items (B), (C), and (D) of paragraph (1) of this subsection, the
amount of insurance or equivalent uniform amount of insurance
used in the calculation of the adjusted premiums referred to in
item (B) of this paragraph shall be equal to the excess of the
corresponding amount determined for the entire policy over the
amount used in the calculation of the adjusted premiums in item
(A) of this paragraph.
(5) All adjusted premiums and present values referred to in
this Code section shall, for all policies of ordinary insurance, be
calculated on the basis of the Commissioners 1958 Standard
Ordinary Mortality Table, provided that for any category of
ordinary insurance issued on female risks, adjusted premiums and
present values may be calculated according to an age not more
than six years younger than the actual age of the insured. Such
calculations for all policies of industrial insurance shall be made
on the basis of the 1941 Standard Industrial Mortality Table;
provided, however, that any insurer may file with the Commis-
sioner a written notice of its election that such adjusted premiums
and present values shall be calculated on the basis of the Commis-
sioners 1961 Standard Industrial Mortality Table, after a speci-
fied date before January 1,1968, and, whether or not any election
has been made, such calculations for all policies of industrial
insurance, issued on or after January 1,1968, shall be made on the
basis of the Commissioners 1961 Standard Industrial Mortality
Table. All calculations shall be made on the basis of the rate of
interest specified in the policy for calculating cash surrender
values and paid-up nonforfeiture benefits. Such rate of interest
shall not exceed 3 1/2 percent per annum, except that a rate of
interest not exceeding 4 percent per annum may be used for
policies issued on or after July 1,1973; and prior to July 1,1979, a
GEORGIA LAWS 1982 SESSION
673
rate of interest not exceeding 5 1/2 percent per annum may be
used for policies issued on or after July 1,1979; and for any single
premium whole life or endowment insurance policy, a rate of
interest not exceeding 6 1/2 percent per annum may be used. In
calculating the present value of any paid-up term insurance with
accompanying pure endowment, if any, offered as a nonforfeiture
benefit, the rates of mortality assumed in the case of ordinary
policies may not be more than those shown in the Commissioners
1958 Extended Term Insurance Table and in the case of industrial
policies may not be more than 130 percent of the rates of mortality
according to the 1941 Standard Industrial Mortality Table. After
January 1,1968, when the Commissioners 1961 Standard Indus-
trial Mortality Table becomes applicable, such rates of mortality
assumed may be not more than those shown in the Commis-
sioners 1961 Industrial Extended Term Insurance Table. For
insurance issued on a substandard basis, the calculation of any
adjusted premiums and present values may be based on such other
table of mortality as may be specified by the insurer and approved
by the Commissioner.
(e) (1) This subsection (e) shall apply to any life insurance
policy issued on or after January 1, 1989, or such earlier date as
may have been elected by the insurer with respect to such policy in
accordance with the provisions of paragraph (11) of this subsec-
tion. Except as provided in paragraph (3) of this subsection, the
adjusted premiums for any policy shall be calculated on an annual
basis and shall be such uniform percentage of the respective
premiums specified in the policy for each policy year, excluding
amounts payable as extra premiums to cover impairments or
special hazards and also excluding any uniform annual contract
charge or policy fee specified in tbe policy in a statement of the
method to be used in calculating the cash surrender values and
paid-up nonforfeiture benefits, that the present value, at the date
of issue of the policy, of all adjusted premiums shall be equal to the
sum of (A) the then present value of the future guaranteed
benefits provided for by the policy; (B) one percent of either the
amount of insurance, if the insurance be uniform in amount, or the
average amount of insurance at the beginning of each of the first
ten policy years; and (C) 125 percent of the nonforfeiture net level
premium as hereinafter defined; provided, however, that in apply-
ing the percentage specified in (C) above no nonforfeiture net level
premium shall be deemed to exceed 4 percent of either the amount
of insurance, if the insurance be uniform in amount, or the average
674
GENERAL ACTS AND RESOLUTIONS, VOL. I
amount of insurance at the beginning of each of the first ten policy
years. The date of issue of a policy for the purpose of this
subsection (e) shall be the date as of which the rated age of the
insured is determined.
(2) The nonforfeiture net level premium shall be equal to
the present value, at the date of issue of the policy, of the
guaranteed benefits provided for by the policy divided by the
present value, at the date of issue of the policy, of an annuity of
one per annum payable on the date of issue of the policy and on
each anniversary of such policy on which a premium falls due.
(3) In the case of policies which cause on a basis guaranteed
in the policy unscheduled changes in benefits or premiums, or
which provide an option for changes in benefits or premiums other
than a change to a new policy, the adjusted premiums and present
values shall initially be calculated on the assumption that future
benefits and premiums do not change from those stipulated at the
date of issue of the policy. At the time of any such change in the
benefits or premiums the future adjusted premiums, nonforfeiture
net level premiums and present values shall be recalculated on the
assumption that the future benefits and premiums do not change
from those stipulated by the policy immediately after the change.
(4) Except as otherwise provided in paragraph (7) of this
subsection, the recalculated future adjusted premiums for any
such policy shall be such uniform percentage of the respective
future premiums specified in the policy for each policy year,
excluding amounts payable as extra premiums to cover impair-
ments and special hazards, and also excluding any uniform annual
contract charge or policy fee specified in the policy in a statement
of the method to be used in calculating the cash surrender values
and paid-up nonforfeiture benefits, that the present value, at the
time of change to the newly defined benefits or premiums, of all
such future adjusted premiums shall be equal to the excess of (A)
the sum of (i) the then present value of the then future guaranteed
benefits provided for by the policy and (ii) the additional expense
allowance, if any, over (B) the then cash surrender value, if any, or
present value of any paid-up nonforfeiture benefit under the
policy.
(5) The additional expense allowance, at the time of the
change to the newly defined benefits or premiums, shall be the
GEORGIA LAWS 1982 SESSION
675
sum of (A) 1 percent of the excess, if positive, of the average
amount of insurance at the beginning of each of the first ten policy
years subsequent to the change over the average amount of
insurance prior to the change at the beginning of each of the first
ten policy years subsequent to the time of the most recent
previous change, or, if there has been no previous change, the date
of issue of the policy; and (B) 125 percent of the increase, if
positive, in the nonforfeiture net level premium.
(6) The recalculated nonforfeiture net level premium shall
be equal to the result obtained by dividing (A) by (B) where
(A) equals the sum of:
(i) The nonforfeiture net level premium applica-
ble prior to the change times the present value of an
annuity of one per annum payable on each anniversary of
the policy on or subsequent to the date of the change on
which a premium would have fallen due had the change
not occurred; and
(ii) The present value of the increase in future
guaranteed benefits provided for by the policy; and
(B) Equals the present value of an annuity of one per
annum payable on each anniversary of the policy on or
subsequent to the date of change on which a premium falls
due.
(7) Notwithstanding any other provisions of this subsection
to the contrary, in the case of a policy issued on a substandard
basis which provides reduced graded amounts of insurance so
that, in each policy year, such policy has the same tabular mortal-
ity cost as an otherwise similar policy issued on the standard basis
which provides higher uniform amounts of insurance, adjusted
premiums and present values for such substandard policy may be
calculated as if it were issued to provide such higher uniform
amounts of insurance on the standard basis.
(8) All adjusted premiums and present values referred to in
this section shall for all policies of ordinary insurance be calcu-
lated on the basis of (A) the Commissioners 1980 Standard
Ordinary Mortality Table or (B) at the election of the insurer for
676
GENERAL ACTS AND RESOLUTIONS, VOL. I
any one or more specified plans of life insurance, the Commis-
sioners 1980 Standard Ordinary Mortality Table with Ten-Year
Select Mortality Factors; shall for all policies of industrial insur-
ance be calculated on the basis of the Commissioners 1961
Standard Industrial Mortality Table; and shall for all policies
issued in a particular calendar year be calculated on the basis of a
rate of interest not exceeding the nonforfeiture interest rate as
defined in this subsection (e) for policies issued in that calendar
year; provided, however, that:
(A) At the option of the insurer, calculations for all
policies issued in a particular calendar year may be made on
the basis of a rate of interest not exceeding the nonforfeiture
interest rate, as defined in this subsection (e), for policies
issued in the immediately preceding calendar year;
(B) Under any paid-up nonforfeiture benefit, including
any paid-up dividend additions, any cash surrender value
available, whether or not required by subsection (a), shall be
calculated on the basis of the mortality table and rate of
interest used in determining the amount of such paid-up
nonforfeiture benefit and paid-up dividend additions, if any;
(C) An insurer may calculate the amount of any guaran-
teed paid-up nonforfeiture benefit including any paid-up
additions under the policy on the basis of an interest rate no
lower than that specified in the policy for calculating cash
surrender values;
(D) In calculating the present value of any paid-up
term insurance with accompanying pure endowment, if any,
offered as a nonforfeiture benefit, the rates of mortality
assumed may be not more than those shown in the Commis-
sioners 1980 Extended Term Insurance Table for policies of
ordinary insurance and not more than the Commissioners
1961 Industrial Extended Term Insurance Table for policies
of industrial insurance;
(E) For insurance issued on a substandard basis, the
calculation of any such adjusted premiums and present values
may be based on appropriate modifications of the aforemen-
tioned tables;
GEORGIA LAWS 1982 SESSION
677
(F) Any ordinary mortality tables, adopted after 1980
by the National Association of Insurance Commissioners,
that are approved by regulation promulgated by the Commis-
sioner for use in determining the minimum nonforfeiture
standard may be substituted for the Commissioners 1980
Standard Ordinary Mortality Table with or without Ten-
Year Select Mortality Factors or for the Commissioners 1980
Extended Term Insurance Table;
(G) Any industrial mortality tables, adopted after 1980
by the National Association of Insurance Commissioners,
that are approved by regulation promulgated by the Commis-
sioner for use in determining the minimum nonforfeiture
standard may be substituted for the Commissioners 1961
Standard Industrial Mortality Table or the Commissioners
1961 Industrial Extended Term Insurance Table.
(9) The nonforfeiture interest rate per annum for any policy
issued in a particular calendar year shall be equal to 125 percent of
the calendar year statutory valuation interest rate for such policy
as defined in the Standard Valuation Law, rounded to the nearer
one quarter of one percent.
(10) Notwithstanding any other provision in this title to the
contrary, any refiling of nonforfeiture values or their methods of
computation for any previously approved policy form which
involves only a change in the interest rate or mortality table used
to compute nonforfeiture values shall not require refiling of any
other provisions of that policy form.
(11) After the effective date of this subsection (e), any
insurer may file with the Commissioner a written notice of its
election to comply with the provisions of this subsection with
respect to specified policy forms after a specified date before
January 1,1989, which shall be the operative date of this subsec-
tion for such specified policy forms. If an insurer makes no such
election, the operative date of this subsection for such insurer
shall be January 1,1989.
(f) In the case of any plan of life insurance which provides for
future premium determination, the amounts of which are to be
determined by the insurer based on then estimates of future experi-
ence, or in the case of any plan of life insurance which is of such a
678
GENERAL ACTS AND RESOLUTIONS, VOL. I
nature that minimum values cannot be determined by the methods
described in subsections (a), (b), (c), (d) or (e) herein, then:
(1) The Commissioner must be satisfied that the benefits
provided under the plan are substantially as favorable to policy-
holders and insureds as the minimum benefits otherwise required
by subsections (a) through (e) of this Code section herein;
(2) The Commissioner must be satisfied that the benefits
and the pattern of premiums of that plan are not such as to
mislead prospective policyholders or insureds;
(3) The cash surrender values and paid-up nonforfeiture
benefits provided by such plan must not be less than the minimum
values and benefits required for the plan computed by a method
consistent with the principles of this Code Section 33-25-4, as
determined by regulations promulgated by the Commissioner.
(g) Any cash surrender value and any paid-up nonforfeiture
benefit available under the policy in the event of default in a premium
payment due at any time other than on the policy anniversary shall be
calculated with allowance for the lapse of time and the payment of
fractional premiums beyond the last preceding policy anniversary,
except that in the case of industrial insurance, proportionate
increases in value may be calculated on the basis of quarter-year
payment. All values referred to in subsections (b) through (e) of this
Code section may be calculated upon the assumption that any death
benefit is payable at the end of the policy year of death. The net value
of any paid-up additions, other than paid-up term additions, shall be
not less than the amounts used to provide such additions. Notwith-
standing subsection (b) of this Code section, additional benefits
payable (1) in the event of death or dismemberment by accident or
accidental means; (2) in the event of total and permanent disability;
(3) as reversionary annuity or deferred reversionary annuity benefits;
(4) as term insurance benefits provided by a rider or supplemental
policy provision to which, if issued as a separate policy, this Code
section would not apply; (5) as term insurance on the life of a child, or
on the lives of children provided in a policy on the life of a parent of
the child, if the term insurance expires before the child attains age 26,
is uniform in amount after the child attains age one and has not
become paid up by reason of the death of a parent of the child; or (6)
as other policy benefits additional to life insurance and endowment
benefits, and premiums for all such additional benefits shall be
GEORGIA LAWS 1982 SESSION
679
disregarded in ascertaining cash surrender values and nonforfeiture
benefits required by this Code section, and no such additional bene-
fits shall be required to be included in any paid-up nonforfeiture
benefits.
(h) (1) This subsection (h), in addition to all other applicable
subsections of this Code section, shall apply to all policies issued
on or after January 1, 1986, except that, with respect to such
policies for which the gross premium during the first policy year
includes any additional amounts for which no comparable addi-
tional benefit is provided during that year, this subsection shall
apply to any such policies issued after a specified operative date
before January 1, 1986, as defined in subsection (e) of this Code
section. Any cash surrender value available under the policy in the
event of default in a premium payment due on any policy anniver-
sary shall be in an amount which does not differ by more than two
tenths of 1 percent of either the amount of insurance, if the
insurance be uniform in amount, or the average amount of insur-
ance at the beginning of each of the first ten policy years, from the
sum of (A) the greater of zero and the basic cash value hereinafter
specified and (B) the present value of any existing paid-up addi-
tions less the amount of any indebtedness to the insurer under the
policy.
(2) The basic cash value shall be equal to the present value
on such anniversary of the future guaranteed benefits which
would have been provided for by the policy, excluding any existing
paid-up additions and before deduction of any indebtedness to the
insurer, if there had been no default, less the then present value of
the nonforfeiture factors, as hereinafter defined, corresponding to
premiums which would have fallen due on and after such anniver-
sary; provided, however, that the effects on the basic cash value of
supplemental life insurance or annuity benefits or of family
coverage, as described in subsection (b) or (d), whichever is
applicable, shall be the same as are the effects specified in
subsection (2) or (d), whichever is applicable, on the cash surren-
der values defined in that subsection.
(3) The nonforfeiture factor for each policy year shall be an
amount equal to a percentage of the adjusted premium for the
policy year, as defined in subsection (d) or (e), whichever is
applicable. Except as is required by the next succeeding sentence
of this paragraph (3), such percentage:
680
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Must be the same percentage for each policy year
between the second policy anniversary and the later of (i) the
fifth policy anniversary and (ii) the first policy anniversary at
which there is available under the policy a cash surrender
value in an amount, before including any paid-up additions
and before deducting any indebtedness, of at least two tenths
of 1 percent of either the amount of insurance, if the insur-
ance be uniform in amount, or the average amount of insur-
ance at the beginning of each of the first ten policy years; and
(B) Must be such that no percentage after the later of
the two policy anniversaries specified in the preceding sub-
paragraph (A) may apply to fewer than five consecutive policy
years.
(4) Provided, that no basic cash value may be less than the
value which would be obtained if the adjusted premiums for the
policy, as defined in subsection (d) or (e), whichever is applicable,
were substituted for the nonforfeiture factors in the calculation of
the basic cash value.
(5) All adjusted premiums and present values referred to in
this subsection (h) shall for a particular policy be calculated on the
same mortality and interest bases as are used in demonstrating
the policys compliance with the other subsections of this Code
section. The cash surrender values referred to in this subsection
shall include any endowment benefits provided for by the policy.
(6) Any cash surrender value available other than in the
event of default in a premium payment due on a policy anniver-
sary, and the amount of any paid-up nonforfeiture benefit
available under the policy in the event of default in a premium
payment shall be determined in manners consistent with the
manners specified for determining the analogous minimum
amounts in subsections (a), (b), (c), (e) and (g). The amounts of
any cash surrender values and of any paid-up nonforfeiture bene-
fits granted in connection with additional benefits such as those
listed as items (1) through (6) in subsection (g) shall conform with
the principles of this subsection (h).
GEORGIA LAWS 1982 SESSION
681
(i) Exceptions. This Code section shall not apply to any of the
following:
(1) reinsurance;
(2) group insurance;
(3) pure endowment;
(4) annuity or reversionary annuity contract;
(5) term policy of uniform amount, which provides no guar-
anteed nonforfeiture or endowment benefits, or renewal thereof,
of 20 years or less expiring before age 71, for which uniform
premiums are payable during the entire term of the policy;
(6) term policy of decreasing amount, which provides no
guaranteed nonforfeiture or endowment benefits, on which each
adjusted premium, calculated as specified in subsections (d) and
(e) of this Code section is less than the adjusted premium so
calculated on a term policy of uniform amount, or renewal thereof,
which provides no guaranteed nonforfeiture or endowment bene-
fits, issued at the same age and for the same initial amount of
insurance and for a term of 20 years or less expiring before age 71,
for which uniform premiums are payable during the entire term of
the policy; nor
(7) Policy, which provides no guaranteed nonforfeiture or
endowment benefits, for which no cash surrender value, if any, or
present value of any paid-up nonforfeiture benefit, at the begin-
ning of any policy year, calculated as specified in subsections (b),
(c), (d) and (e), exceeds 2 1/2 percent of the amount of insurance
at the beginning of the same policy year.
For purposes of determining the applicability of this Code section,
the age at expiry for a joint term life insurance policy shall be the age
at expiry of the oldest life.
Section 4. This Act shall become effective November 1,1982.
682
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 13,1982.
PROBATE COURT JUDGES TRAINING.
Code Section 15-9-1.1 Enacted.
No. 1203 (Senate Bill No. 564).
AN ACT
To amend the Official Code of Georgia Annotated, so as to require
certain initial training for persons who serve as judges of the probate
court; to provide for continued annual training; to exclude certain
years of service from retirement eligibility; to provide for other
matters relative to the foregoing; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Official Code of Georgia Annotated is amended
by adding between Code Sections 15-9-1 and 15-9-2 a new Code
section, to be designated Code Section 15-9-1.1, to read as follows:
15-9-1.1. (a) Any person who is or was elected, appointed, or
made a judge of the probate court by operation of law on or prior to
January 1, 1983, shall satisfactorily complete the required initial
training course in the performance of his duties conducted by the
Institute of Continuing Judicial Education of Georgia and shall file a
certificate of such training issued by such institute with the secretary-
treasurer of the Judges of the Probate Courts Retirement Fund of
Georgia on or before December 31,1983, in order to become a certified
judge of the probate court. The time and place of such training course
and number of hours shall be determined by the Executive Probate
Judges Council of Georgia and the Institute of Continuing Judicial
Education of Georgia.
GEORGIA LAWS 1982 SESSION
683
(b) Any person who is elected, appointed, or becomes a judge of
the probate court by operation of law after January 1,1983, and who
does not satisfactorily complete the initial training course prescribed
by the Executive Probate Judges Council of Georgia and the Institute
of Continuing Judicial Education of Georgia or who does not file a
certificate of such training issued by the Institute of Continuing
Judicial Education of Georgia with the secretary-treasurer of the
Judges of the Probate Courts Retirement Fund of Georgia within one
year after taking office as a judge of the probate court shall become a
certified judge of the probate court upon completion of such require-
ments at any later time.
(c) Each judge of the probate court shall be required to complete
additional training prescribed by the Executive Probate Judges
Council of Georgia and the Institute of Continuing Judicial Educa-
tion of Georgia during each year he serves as a judge of the probate
court after the initial year of training and shall file a certificate of
such additional training issued by the Institute of Continuing Judi-
cial Education of Georgia with the secretary-treasurer of the Judges
of the Probate Courts Retirement Fund of Georgia.
(d) For each year the training course required by subsection (a)
or (b) or the additional training required by subsection (c) is not
completed and the certificate not filed with the secretary-treasurer,
such judge of the probate court will not receive credit for that year of
service for determining eligibility for retirement under the Judges of
the Probate Courts Retirement Fund of Georgia; provided, however,
that, if a judge fails to take the required training in any given year, he
may make up such deficiency, in the next succeeding year only, by
taking such additional training as may be prescribed for such purpose
by the Executive Probate Judges Council and the Institute of Contin-
uing Judicial Education of Georgia and filing an appropriate certifi-
cate of such training with the secretary-treasurer of the Judges of the
Probate Courts Retirement Fund of Georgia.
(e) All expenses of training authorized or required by this Code
section, including any tuition which may be fixed by the Institute of
Continuing Judicial Education, shall be paid by the probate judge
taking the training; but he shall be reimbursed by the Institute of
Continuing Judicial Education of Georgia to the extent that funds are
available to the institute for such purpose; provided, however, if such
funds are not available, each probate judge shall be reimbursed from
county funds by action of the county governing authority.
684
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said Code is further amended by adding at the end of
Code Section 47-11-70, relating to eligibility for retirement benefits
under the Judges of the Probate Courts Retirement Fund of Georgia,
a new subsection (c) to read as follows:
(c) Notwithstanding any other provisions of law, a judge of the
probate court may not include service for eligibility purposes for years
in which the judge has not completed the training requirements set
out in Code Section 15-9-1.1.
Section 3. This Act shall become effective November 1,1982.
l
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA EDUCATIONAL IMPROVEMENT
COUNCIL NAME CHANGED, ETC.
Code Title 20, Chapter 7 Amended.
Code Section 47-3-1 Amended.
No. 1204 (Senate Bill No. 660).
AN ACT
To amend Chapter 7 of Title 20 of the Official Code of Georgia
Annotated, relating to the Georgia Educational Improvement Coun-
cil, so as to change the name of said agency to the Legislative
Educational Research Council; to change the provisions relative to
coverage of employees under the State Merit System of Personnel
Administration; to provide for other matters relative thereto; to
amend Code Section 47-3-1 of the Official Code of Georgia Anno-
tated, relating to definitions under the Teachers Retirement System,
so as to delete a reference therein to the Georgia Educational
Improvement Council; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
685
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 7 of Title 20 of the Official Code of Georgia
Annotated, relating to the Georgia Educational Improvement Coun-
cil, is amended by striking subsection (a) of Code Section 20-7-1 in its
entirety and substituting in lieu thereof a new subsection (a) to read
as follows:
(a) There is created as an agency of the legislative branch of the
state government the Legislative Educational Research Council,
referred to in this chapter as 'the council, which shall be composed of
ten members, as follows: the President of the Senate, the Speaker of
the House of Representatives, two Representatives appointed by the
Speaker, two Senators appointed by the President of the Senate, the
chairman of the Elementary and Secondary Education Committee of
the Senate, the chairman of the University System of Georgia Com-
mittee of the Senate, the chairman of the Education Committee of the
House, and the chairman of the University System of Georgia Com-
mittee of the House of Representatives. The members shall serve for
the term of office for which they were elected as members of the
General Assembly, and any vacancy occurring during such term shall
be filled by appointment of the President in the case of Senators and
by appointment of the Speaker in the case of Representatives. Any
such member shall be eligible for reappointment in the event he
continues to be a member of the General Assembly. Successors to
initial members and all future successors shall serve for the term for
which they were elected to membership in the General Assembly.
Section 2. Said Chapter 7 is further amended by striking
subsection (b) of Code Section 20-7-3 in its entirety and substituting
in lieu thereof a new subsection (b) to read as follows:
(b) The council is authorized to employ an executive director
and such other personnel as may be necessary to carry out the duties
of the council. The executive director and other employees of the
council shall be under the Employees Retirement System, but only
secretarial and clerical employees shall be under the State Merit
System of Personnel Administration.
Section 3. Code Section 47-3-1 of the Official Code of Georgia
Annotated, relating to definitions under the Teachers Retirement
System, is amended by striking subparagraph (Q) of paragraph (28)
which reads as follows:
686
GENERAL ACTS AND RESOLUTIONS, VOL. I
(Q) The director and any associate directors of the Georgia
Educational Improvement Council. The council shall pay the
required employer contributions;,
in its entirety.
Section 4. This Act shall become effective on November 1,1982.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
PERFORMANCE BONDS FOR PUBLIC CONTRACTS.
Code Sections 23-1705, 13-10-1 Amended.
No. 1205 (Senate Bill No. 678).
AN ACT
To amend Code Section 23-1705, relating to requirements of
payment and performance bonds for public contracts, so as to change
the provisions relating to exemption of contracts below a certain
price; to amend the Official Code of Georgia Annotated accordingly;
to provide effective dates; to provide for automatic repeal of certain
provisions of this Act; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 23-1705, relating to requirements of
payment and performance bonds for public contracts, is amended by
striking paragraph (3) in its entirety and inserting in lieu thereof a
new paragraph (3) to read as follows:
GEORGIA LAWS 1982 SESSION
687
(3) Provided, however, that this section shall not apply when
the total contract price does not exceed $20,000.00; but the state, any
department or agency thereof, a county, municipal corporation, or
any public board or body thereof may in its discretion require
performance and payment bonds for any public works contract.
Part 2
Section 2. Article 1 of Chapter 10 of Title 13 of the Official Code
of Georgia Annotated, relating to contracts for public works, is
amended by striking Code Section 13-10-1 in its entirety and insert-
ing in lieu thereof a new Code section 13-10-1 to read as follows:
13-10-1. (a) No contract with this state, a county, municipal
corporation, or any other public board or body thereof, for the doing
of any public work shall be valid for any purpose, unless the contrac-
tor shall give:
(1) A performance bond with good and sufficient surety or
sureties payable to, in favor of, and for the protection of the state,
county, municipal corporation, or public board or body thereof for
which the work is to be done. The performance bond shall be in
the amount of at least the total amount payable by the terms of
the contract. This bond shall not be required when a bond is
required under Code Section 36-10-4;
(2) A payment bond with good and sufficient surety or
sureties, payable to the state, county, municipal corporation, or
public board or body thereof for which the work is to be done, and
for the use and protection of all subcontractors and all persons
supplying labor, materials, machinery, and equipment in the
prosecution of the work provided for in the contract. The payment
bond shall be in the amount of at least the total amount payable
by the terms of the contract.
(b) This Code section shall not apply where the total contract
price does not exceed $20,000.00; provided, however, that the state,
any department or agency thereof, a county, municipal corporation,
or any public board or body thereof may in its discretion require
performance and payment bonds for any public works contract.
688
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
ELECTIONS REGISTRATION, ETC.
OF ELECTORS.
Code Sections 34-632, 21-2-241 Amended.
No. 1206 (House Bill No. 56).
AN ACT
To amend Code Chapter 34-6, relating to registration of electors,
as amended, so as to change certain rules for determining residence of
persons desiring to register to vote; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 34-6, relating to registration of electors,
as amended, is amended by striking subsections (f) and (g) of Code
GEORGIA LAWS 1982 SESSION
689
Section 34-632, relating to rules for determining residence, which
read as follows:
(f) The place where a mans family resides shall be considered
his residence, but if it be a temporary establishment for his family, or
for transient purposes, it shall not be so considered;
(g) If a man has his family living in one place and he does
business in another, the former shall be considered his residence, but
when a man has taken up his abode at any place with the intention of
remaining there, and his family refuses to reside with him, then such
place shall be considered his residence; a married woman not living in
a household with her husband may establish a separate voting
residence from that of her husband;,
and by redesignating subsections (h) through (1) as subsections (g)
through (k), respectively, and by adding a new subsection (f) to read
as follows:
(f) The residence for voting purposes of a person shall not be
required to be the same as the residence for voting purposes of his or
her spouse;,
so that when so amended said Code Section 34-632 shall read as
follows:
Section 34-632. Rules for determining residence. In determining
the residence of a person desiring to register to vote, the following
rules shall be followed so far as they are applicable:
(a) The residence of any person shall be held to be in that place
in which his habitation is fixed, without any present intention of
removing therefrom, and to which, whenever he is absent, he intends
to return;
(b) A person shall not be considered to have lost his residence
who leaves his home and goes into another state, or county in this
state, for temporary purposes only, with the intention of returning,
unless said person shall register to vote or perform other acts indicat-
ing a desire to change his citizenship and residence;
(c) A person shall not be considered to have gained a residence in
any county of this state into which he has come for temporary
690
GENERAL ACTS AND RESOLUTIONS, VOL. I
purposes only, without the intention of making such county his
permanent place of abode;
(d) If a person removes to another state with the intention of
making it his residence, he shall be considered to have lost his
residence in this state;
(e) If a person removes to another state with the intention of
remaining there an indefinite time and making such state his place of
residence, he shall be considered to have lost his residence in this
state, notwithstanding he may intend to return at some indefinite
future period;
(f) The residence for voting purposes of a person shall not be
required to be the same as the residence for voting purposes of his or
her spouse;
(g) The mere intention to acquire a new residence, without the
fact of removal, shall avail nothing, neither shall the fact of removal
without the intention;
(h) No member of the armed forces of the United States shall be
deemed to have acquired a residence in this state by reason of being
stationed on duty in this state;
(i) If a person removes to the District of Columbia or other
federal territory, another state, or foreign country to engage in the
government service, he shall not be considered to have lost his
residence in this state during the period of such service, and the place
where the person resided at the time of his removal shall be consid-
ered and held to be his place of residence;
(j) If a person is adjudged mentally ill and is committed to an
institution for the mentally ill, he shall not be considered to have
gained a residence for voting purposes in the county in which the
institution to which he is committed is located; and
(k) If a person goes into another state and while there exercises
the right of a citizen by voting, he shall be considered to have lost his
residence in this state.
GEORGIA LAWS 1982 SESSION
691
Part 2
Section 2. Code Section 21-2-241 of the Official Code of Georgia
Annotated, relating to determining residences for voting purposes, is
amended by striking paragraphs (6) and (7) which read as follows:
(6) The place where a mans family resides shall be considered
his residence, but if it be a temporary establishment for his family, or
for transient purposes, it shall not be so considered;
(7) If a man has his family living in one place and he does
business in another, the former shall be considered his residence, but
when a man has taken up his abode at any place with the intention of
remaining there, and his family refuses to reside with him, then such
place shall be considered his residence; a married woman not living in
a household with her husband may establish a separate voting
residence from that of her husband;,
and inserting new paragraphs (6) and (7) to read as follows:
(6) The residence for voting purposes of a person shall not be
required to be the same as the residence for voting purposes of his or
her spouse;
(7) Reserved;.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
692
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
LIABILITY FOR EMERGENCY HEALTH CARE.
Code Sections 88-3114, 31-11-8 Amended.
No. 1207 (House Bill No. 84).
AN ACT
To amend Code Section 88-3114, relating to liability for emer-
gency care, so as to provide immunity from civil liability for certain
conduct by physicians as medical advisers to ambulance services; to
amend the Official Code of Georgia accordingly; to provide effective
dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 88-3114, relating to liability for emer-
gency care, is amended by adding before the first sentence thereof the
following:
(a),
and by adding at the end thereof the following new subsections (b)
and (c):
(b) A physician shall not be civilly liable for damages resulting
from that physicians acting as medical adviser to an ambulance
service, pursuant to Code Section 88-3118, if those damages are not a
result of that physicians willful and wanton negligence.
GEORGIA LAWS 1982 SESSION
693
(c) The immunity provided in this Code section shall apply only
to those persons who perform the aforesaid emergency services for no
remuneration.,
so that when so amended said Code section shall read as follows:
Section 88-3114. Liability, (a) Any person, including agents and
employees, who is licensed to furnish ambulance service and who in
good faith renders emergency care to a person who is a victim of an
accident or emergency shall not be liable for any civil damages to such
victim as a result of any act or omission by such person in rendering
such emergency care to such victim.
(b) A physician shall not be civilly liable for damages resulting
from that physicians acting as medical adviser to an ambulance
service, pursuant to Code Section 88-3118, if those damages are not a
result of that physicians willful and wanton negligence.
(c) The immunity provided in this Code section shall apply only
to those persons who perform the aforesaid emergency services for no
remuneration.
Part 2
Section 2. Code Section 31-11-8 of the Official Code of Georgia
Annotated, relating to liability for persons rendering emergency care,
is amended by striking said Code section in its entirety and inserting
in lieu thereof a new Code Section 31-11-8 to read as follows:
31-11-8. (a) Any person, including agents and employees, who
is licensed to furnish ambulance service and who in good faith renders
emergency care to a person who is a victim of an accident or
emergency shall not be liable for any civil damages to such victim as a
result of any act or omission by such person in rendering such
emergency care to such victim.
(b) A physician shall not be civilly liable for damages resulting
from that physicians acting as medical adviser to an ambulance
service, pursuant to Code Section 31-11-50, if those damages are not a
result of that physicians willful and wanton negligence.
(c) The immunity provided in this Code section shall apply only
to those persons who perform the aforesaid emergency services for no
remuneration.
694
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
CORPORATIONS DISSENT FROM CERTAIN
CORPORATE ACTIONS.
Code Sections 22-1201, 14-2-250 Amended.
No. 1208 (House Bill No. 455).
AN ACT
To amend Code Section 22-1201, relating to the right of share-
holders to dissent from certain corporate actions, as amended, so as to
provide a right of dissent from any amendment of the articles of
incorporation which would adversely affect such shareholder by
imposing, altering, or abolishing any restriction on the transfer of any
of his shares; to provide for construction; to amend the Official Code
of Georgia Annotated accordingly; to provide effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
695
Part 1
Section 1. Code Section 22-1201, relating to the right of share-
holders to dissent from certain corporate actions, as amended, is
hereby amended by striking the period at the end of Code Section 22-
1201(a)(4)(G) and inserting in lieu thereof or and by adding a new
Code Section 22-1201(a)(4)(H) to read as follows:
(H) Imposing, altering, or abolishing any restriction on the
transfer of any of his shares.
Section 2. Nothing contained herein shall be construed as
affecting the continuing existence, effectiveness, or applicability of
subsection (d) of Code Section 22-1201.
Part 2
Section 3. Code Section 14-2-250 of the Official Code of Georgia
Annotated, relating to corporate actions from which shareholders
may dissent, is amended by striking subparagraphs (F) and (G) of
paragraph (4) of subsection (a) and inserting in place thereof new
paragraphs to read as follows:
(F) Reducing the stated dividend preference of any of his
preferred shares;
(G) Reducing any stated preferential amount payable on any of
his preferred shares upon voluntary or involuntary liquidation; or
(H) Imposing, altering, or abolishing any restriction on the
transfer of any of his shares.
Part 3
Section 4. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
696
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
CORPORATIONS CORPORATE TAKEOVERS.
Code Sections 22-1902, 22-1907, 14-6-2,
14-6-7 Amended.
No. 1209 (House Bill No. 456).
AN ACT
To amend Code Chapter 22-19, relating to corporate takeovers, so
as to provide that the commissioner shall treat as confidential and not
subject to public inspection registration statements and hearings,
together with the records made therein, except in specified circum-
stances; to amend the Official Code of Georgia Annotated accord-
ingly; to provide effective dates; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 22-19, relating to corporate takeovers,
is hereby amended by adding a new subsection (i) at the end of Code
Section 22-1902 to read as follows:
(i) The commissioner shall treat as confidential and not subject
to public inspection each registration statement, including all amend-
ments with respect thereto, filed pursuant to subsection (b) until such
time as the registration statement becomes effective or has been
abandoned, unless he shall determine that such treatment is not
consistent with public interest, in which case he may make public
such of the filed information as he may deem necessary for the
protection of public interest.
GEORGIA LAWS 1982 SESSION
697
Section 2. Said Code chapter is further amended by striking
subsection (a) of Code Section 22-1907 in its entirety and inserting in
lieu thereof a new subsection (a) to read as follows:
(a) Any formal hearing held pursuant to the provisions of this
chapter shall be conducted in accordance with the provisions of
Section 17 of the Georgia Securities Act of 1973, as now or hereafter
amended. Notwithstanding the provisions of Section 17 or any other
provision of law, each such hearing shall be conducted in private and
shall not be open to the public, and the record made therein shall be
treated as confidential and shall not be open to public inspection until
filed information which is the subject of such hearing is made public
pursuant to subsection (i) of Code Section 22-1902.
Part 2
Section 3. Chapter 6 of Title 14 of the Official Code of Georgia
Annotated, relating to corporate takeovers, is amended by adding to
Code Section 14-6-2 a new subsection (i) to read as follows:
(i) The commissioner shall treat as confidential and not subject
to public inspection each registration statement, including all amend-
ments with respect thereto, filed pursuant to subsection (b) until such
time as the registration statement becomes effective or has been
abandoned, unless he shall determine that such treatment is not
consistent with public interest, in which case he may make public
such of the filed information as he may deem necessary for the
protection of public interest.
Section 4. Said chapter is further amended by striking subsec-
tion (a) of Code Section 14-6-7 and inserting in its place a new
subsection to read as follows:
(a) Any formal hearing held pursuant to this chapter shall be
conducted in accordance with Code Section 10-5-16. However, not-
withstanding the provisions of Code Section 10-5-16 or any other
provision of law each such hearing shall be conducted in private and
shall not be open to the public, and the record made therein shall be
treated as confidential and shall not be open to public inspection until
filed information which is the subject of such hearing is made public
pursuant to subsection (i) of Code Section 14-6-2.
698
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
STATE BUILDING ADMINISTRATIVE BOARD
FUNCTIONS TRANSFERRED, ETC.
Code Section 8-2-24 Amended.
No. 1210 (House Bill No. 460).
AN ACT
To amend an Act providing for the transfer of functions, person-
nel, and equipment from the State Building Administrative Board to
the Department of Community Affairs, approved March 31,1980 (Ga.
L. 1980, p. 1316), so as to add a municipal or county code enforcement
official to the advisory board to the commissioner of the Department
of Community Affairs; to amend the Official Code of Georgia Anno-
tated accordingly; to provide effective dates; to provide for automatic
repeal of certain provisions of this Act; to repeal conflicting laws; and
for other purposes.
GEORGIA LAWS 1982 SESSION
699
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act providing for the transfer of functions,
personnel, and equipment from the State Building Administrative
Board to the Department of Community Affairs, approved March 31,
1980 (Ga. L. 1980, p. 1316), is amended by striking in its entirety
paragraph (1) of subsection (e) of Section 4 and inserting in lieu
thereof a new paragraph (1) to read as follows:
(1) For the purpose of assisting the department in carrying out
the provisions of this section, the commissioner shall appoint an
advisory committee to be composed of 16 members as follows:
(A) The Georgia Safety Fire Commissioner, or his designee
as an ex officio member with full voting privileges,
(B) The Commissioner of the Department of Human
Resources or his designee as an ex officio member with full voting
privileges,
(C) The Commissioner of the Bureau of Community Affairs
or his designee as an ex officio member with full voting privileges,
(D) One representative from municipal government,
(E) One representative of county government,
(F) One representative of home builders,
(G) One representative of savings and loan institutions,
(H) One representative of the profession of architecture,
(I) One representative of the consulting engineering profes-
sion engaged in civil, mechanical, structural, or electrical practice,
(J) One representative of the mobile home industry,
(K) One representative of contractors,
700
GENERAL ACTS AND RESOLUTIONS, VOL. I
(L) One electrical contractor from the state at large,
(M) One building material dealer,
(N) One plumbing contractor,
(O) One conditioned air contractor, and
(P) One municipal or county code enforcement official.
Section 2. The initial code enforcement official appointed
pursuant to this Act shall be appointed for a term to expire on the
same date as the terms of the other members. Thereafter, successor
code enforcement official members shall be appointed for a term of
four years.
Part 2
Section 3. Chapter 2 of Title 8 of the Official Code of Georgia
Annotated, relating to building standards and requirements, is
amended by striking Code Section 8-2-24 in its entirety and inserting
in lieu thereof a new Code Section 8-2-24 to read as follows:
8-2-24. (a) For the purpose of assisting the department in
carrying out the provisions of Code Section 8-2-23, the commissioner
shall appoint an advisory committee to be composed of 16 members as
follows:
(1) The Georgia Safety Fire Commissioner or his designee
as an ex officio member with full voting privileges;
(2) The commissioner of human resources or his designee as
an ex officio member with full voting privileges;
(3) The commissioner of community affairs or his designee
as an ex officio member with full voting privileges;
(4) One representative of municipal government;
(5) One representative of county government;
(6) One representative of the home building industry;
GEORGIA LAWS 1982 SESSION
701
(7) One representative of savings and loan institutions;
(8) One representative of the profession of architecture;
(9) One representative of the consulting engineering profes-
sion engaged in civil, mechanical, structural, or electrical practice;
(10) One representative of the mobile home industry;
(11) One representative of contractors;
(12) One electrical contractor from the state at large;
(13) One building material dealer;
(14) One plumbing contractor;
(15) One conditioned-air contractor; and
(16) One municipal or county code enforcement official.
(b) All appointments to the committee shall be for a term of four
years; provided, however, that the initial code enforcement official
appointed pursuant to this Code section shall be appointed for a term
to expire on the same date as the terms of other members. A member
shall serve until his successor has been duly appointed. The commis-
sioner shall make appointments to fill the unexpired portion of any
term vacated for any reason. In making such appointments, the
commissioner shall preserve the composition of the committee as
required by this Code section. Any appointive member who, during
his term, ceases to meet the qualifications for original appointment
shall thereby forfeit his membership on the committee. The commis-
sioner shall have until July 30, 1980, to appoint the members of the
committee. Membership on the committee shall not constitute public
office, and no member shall be disqualified from holding public office
by virtue of his membership. Each member of the committee shall
serve without compensation, but each member of the committee shall
be reimbursed for travel and other reasonable and necessary expenses
incurred by him while attending called meetings of the committee.
(c) Any amendment, modification, or new provision to the state
minimum standard codes or the Georgia State Energy Code for
Buildings, when such are prepared, proposed, or recommended by the
702
GENERAL ACTS AND RESOLUTIONS, VOL. I
department, shall, prior to their submission to the board for approval,
be submitted to the advisory committee for review and consideration.
The department shall not forward any such amendment, modifica-
tion, or new provision to the board without a favorable recommenda-
tion of a majority of the advisory committee.
Part 3
Section 4. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
DISTRIBUTION OF APPELLATE COURT REPORTS,
GA. LAWS, ETC.
Code Sections 90-210, 101-205, 50-11-10,
50-18-31 Amended.
No. 1211 (House Bill No. 629).
AN ACT
To amend Code Section 90-210, relating to distribution of appel-
late reports, as amended, so as to authorize chief judges of judicial
circuits to discontinue or restore distribution of copies of appellate
reports to counties within such circuits under certain conditions; to
GEORGIA LAWS 1982 SESSION
703
amend Code Section 101-205, relating to distribution and sale of
copies of laws and journals, as amended, so as to authorize chief
judges of judicial circuits to discontinue or restore distribution of sets
of Georgia Session Laws and legislative journals to counties within
such circuits under certain conditions; to amend the Official Code of
Georgia Annotated accordingly; to provide for effective dates and
automatic repeal; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 90-210, relating to distribution of copies
of appellate reports, as amended, is hereby amended by adding at the
end of subsection (d) thereof the following new paragraph:
Notwithstanding the provisions of this subsection regarding
distribution of copies to superior courts and to judges of the probate
courts, the chief judge of the superior courts of any judicial circuit
may, for any county within that circuit, have discontinued or restored
the distribution of any of that countys authorized number of copies
of reports, as such judge determines the needs therefor, upon written
request to the librarian. In any event, at least one copy of each report
shall be distributed to each county to be placed in the county law
library or, if no such library is maintained, in the office of the judge of
the probate court for the use of the general public.
Section 2. Code Section 101-205, relating to distribution and
sale of copies of laws and journals, as amended, is hereby amended by
adding at the end of subsection (a) thereof, relating to Georgia
Session Laws, the following new paragraph:
Notwithstanding the provisions of this subsection regarding
distribution of sets of session laws to superior courts and to judges of
the probate court, the chief judge of the superior courts of any judicial
circuit may, for any county within that circuit, have discontinued or
restored the distribution of any of that countys authorized number of
sets of session laws, as such judge determines the needs therefor, upon
written request to the librarian. In any event, at least one set of each
session laws shall be distributed to each county to be placed in the
county law library or, if no such library is maintained, in the office of
the judge of the probate court for the use of the general public.
704
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. Code Section 101-205, relating to distribution and
sale of laws and journals, as amended, is hereby amended by striking
from subsection (b) thereof, relating to journals of the House and
Senate, the following:
Judge of the Probate Court...........................;...one set
(each county),
and inserting in lieu thereof the following:
Judge of the Probate Court.............................one set
(each county)
The chief judge of the superior courts of any judicial circuit
may, for any county within that circuit, have discon-
tinued or restored the distribution of that countys set
of journals, as such judge determines the needs therefor,
upon written request to the librarian.
Part 2
Section 4. Code Section 50-11-10, relating to distribution of laws
and journals by the state librarian, is amended by adding at the end
new subsections (d) and (e) to read as follows:
(d) Notwithstanding the provisions of paragraph (1) of subsec-
tion (a) of this Code section, regarding distribution of sets of session
laws to superior courts and to judges of the probate court, the chief
judge of the superior courts of any judicial circuit may, for any county
within that circuit, have discontinued or restored the distribution of
any of that countys authorized number of sets of session laws, as such
judge determines the needs therefor, upon written request to the
librarian. In any event, at least one set of each session laws shall be
distributed to each county to be placed in the county law library or, if
no such library is maintained, in the office of the judge of the probate
court for the use of the general public.
(e) Notwithstanding the provisions of paragraph (2) of subsec-
tion (a) of this Code section regarding distribution of journals to
judges of the probate court, the chief judge of the superior courts of
any judicial circuit may, for any county within that circuit, have
discontinued or restored the distribution of that countys set of
journals, as such judge determines the needs therefor, upon written
request to the librarian.
GEORGIA LAWS 1982 SESSION
705
Section 5. Code Section 50-18-31 of the Official Code of Georgia
Annotated, relating to the procedure for distribution of reports, is
amended by adding at the end thereof a new paragraph (5) to read as
follows:
(5) Notwithstanding the provisions of paragraph (4) of this
Code section regarding distribution of reports to superior courts and
to judges of the probate courts, the chief judge of the superior courts
of any judicial circuit may, for any county within that circuit, have
discontinued or restored the distribution of any of that countys
authorized number of copies of reports, as such judge determines the
needs therefor, upon written request to the librarian. In any event, at
least one copy of each report shall be distributed to each county to be
placed in the county law library or, if no such library is maintained, in
the office of the judge of the probate court for the use of the general
public.
Part 3
Section 6. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
706
GENERAL ACTS AND RESOLUTIONS, VOL. I
CHILDREN AND YOUTH ACT AMENDED.
Code Title 49, Chapter 5 Amended.
No. 1212 (House Bill No. 638).
AN ACT
To amend the Children and Youth Act, approved March 14,
1963 (Ga. L. 1963, p. 81), as amended, so as to change the definitions
relating to child welfare agencies, family day-care homes and day-care
centers; to define the term group day-care home; to change certain
references; to require registrations in certain situations; to require
review of certain regulations; to require the Department of Human
Resources to publish guidelines for day-care; to provide for fire
inspections of group day-care homes and day-care centers; to provide
for the review, modification, and application of fire safety codes; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide certain exceptions to the requirements of Code Section 26-2-371,
relating to permits for the operation of food service establishments; to
provide effective dates; to provide for automatic repeal of certain
provisions of this Act; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. The Children and Youth Act, approved March 14,
1963 (Ga. L. 1963, p. 81), as amended, is amended by striking in its
entirety subsection (r) of Section 3 and inserting in lieu thereof a new
subsection (r) to read as follows:
(r) Child welfare agency, as used in Section 14 of this Act,
shall mean: child-caring institution, child-placing agency, mater-
nity home, family boarding home, family day-care home, group
day-care home, and day-care center.
Section 2. Said Act is further amended by striking in their
entirety subsections (w) and (x) of Section 3, which read as follows:
(w) Family day-care home shall mean a home operated by any
person who receives therein for pay three (3) or more children under
GEORGIA LAWS 1982 SESSION
707
seventeen (17) years of age, who are not related to such person and
whose parents or guardians are not residents in the same house, for
daytime supervision and care, without transfer of custody.
(x) Day-care center shall mean any place operated by a person,
society, agency, corporation or institution, or any group wherein are
received for pay seven (7) or more children under eighteen (18) years
of age for group care, without transfer of custody, for less than
twenty-four (24) hours per day.,
and inserting in lieu thereof new subsections (w), (x), and (y) to read
as follows:
(w) Family day-care home shall mean a private residence
operated by any person who receives therein for pay three but not
more than six children under 18 years of age, who are not related to
such person and whose parents or guardians are not residents in the
same private residence, for supervision and care, without transfer of
custody, for less than 24 hours per day.
(x) Day-care center shall mean any place operated by a person,
society, agency, corporation or institution, or any group wherein are
received for pay 19 or more children under 18 years of age for group
care, without transfer of custody, for less than 24 hours per day.
(y) Group day-care home shall mean any place operated by any
person or group wherein are received for pay not less than seven nor
more than 18 children under 18 years of age for care and supervision
for less than 24 hours per day.
Section 3. Said Act is further amended by striking subsection (a)
of Section 14 in its entirety and inserting in lieu thereof a new
subsection (a) to read as follows:
(a) (1) Annual License; Standards.All child welfare agen-
cies, as defined in subsection (r) of Section 3 of this Act, shall be
licensed annually by the department in accordance with proce-
dures, standards, rules, and regulations to be established by the
Board; provided, however, that, in lieu of licensure, the depart-
ment may require persons who operate family day-care homes to
register with the department. The Board shall develop and
publish standards for licensing of child welfare agencies. A license
issued to a child welfare agency shall be deemed approval of all
708
GENERAL ACTS AND RESOLUTIONS, VOL. I
family boarding homes, foster family homes, and family day-care
homes approved, supervised, and used by the licensed agency as a
part of its work, subject to provisions of this Act and rules and
regulations of the Board.
(2) The department shall have the responsibility to review
existing day-care regulations to determine which regulations are
necessary to safeguard and protect the well-being and general
welfare of children and youth, which regulations could more
appropriately be issued as guidelines for quality day care, and
which regulations unnecessarily restrict the delivery of day-care
services. A list of proposed rule changes shall be submitted to the
Board of Human Resources no later than November 1, 1982.
Copies of the proposed changes shall be submitted to the Lieuten-
ant Governor, the Speaker of the House of Representatives, and
the chairmen of the Senate Human Resources Committee and the
House Health and Ecology Committee.
(3) No later than December 31,1982, the department shall
publish and make available to day-care centers and interested
persons a list of guidelines for quality child care.
Section 4. Said Act is further amended by adding between
Sections 14 and 15 a new section, to be designated Section 14A, to
read as follows:
Section 14A. Fire Inspections, (a) Fire inspections of group day-
care homes and day-care centers shall be performed by local fire
departments or local fire marshals. Such local fire departments or
local fire marshals shall be responsible for enforcing fire safety
standards within their jurisdictions and shall:
(1) Conduct fire safety inspections of group day-care homes
and day-care centers at least once a year using the 1973 Life Safety
Code (NFPA Standard 101) of the National Fire Protection
Association as modified for day-care centers by the Board of
Human Resources or using any subsequent applicable code
adopted by such Board pursuant to Section 14B; and
(2) Issue permanent and temporary certificates of occu-
pancy.
GEORGIA LAWS 1982 SESSION
709
(b) If local fire departments or local fire marshals are unable or
unwilling to perform fire inspections of group day-care homes and
day-care centers, the department shall assume such responsibility.
Section 5. Said Act is further amended by adding between
Sections 14A and 15 a new section, to be designated Section 14B, to
read as follows:
Section 14B. Fire Safety Codes. The department shall have the
responsibility to review new fire safety codes and make recommenda-
tions to the Board. The Board may modify any new fire safety codes.
Any day-care center constructed after November 1, 1982, shall
comply with such codes; provided, however, that day-care centers in
operation, under construction, or with approved plans prior to
November 1, 1982, shall comply with the 1973 Life Safety Code
(NFPA Standard 101) of the National Fire Protection Association as
modified for day-care centers by the Board and shall remain in
compliance with that code as modified as long as the day-care center
is operated at the same location.
Part 2
Section 6. Chapter 5 of Title 49 of the Official Code of Georgia
Annotated, relating to programs and protection for children and
youth, is amended by striking in its entirety paragraph (4) of Code
Section 49-5-3 and inserting in lieu thereof a new paragraph (4) to
read as follows:
(4) Day-care center means any place operated by a person,
society, agency, corporation, institution, or group wherein are
received for pay for group care for fewer than 24 hours per day
without transfer of legal custody 19 or more children under 18 years of
age.
Section 7. Said chapter is further amended by striking in its
entirety paragraph (8) of Code Section 49-5-3 and inserting in lieu
thereof a new paragraph (8) to read as follows:
(8) Family day-care home means a private residence operated
by any person who receives therein for pay for supervision and care
fewer than 24 hours per day, without transfer of legal custody, three
but not more than six children under 18 years of age who are not
related to such person and whose parents or guardians are not
residents in the same private residence.
710
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 8. Said chapter is further amended by adding at the end
of Code Section 49-5-3 a new paragraph (18) to read as follows:
(18) Group day-care home means any place operated by any
person or group wherein are received for pay not less than seven nor
more than 18 children under 18 years of age for care and supervision
for less than 24 hours per day.
Section 9. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 49-5-12 and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) Child welfare agency means any child-caring institution,
child-placing agency, maternity home, family boarding home, family
day-care home, group day-care home, and day-care center.
Section 10. Said chapter is further amended by striking in its
entirety subsection (b) of Code Section 49-5-12 and inserting in lieu
thereof a new subsection (b) to read as follows:
(b) (1) All child welfare agencies, as defined in subsection (a)
of this Code section, shall be licensed annually by the department
in accordance with procedures, standards, rules, and regulations
to be established by the board; provided, however, that the
department may require persons who operate family day-care
homes to register with the department. The board shall develop
and publish standards for licensing of child welfare agencies. A
license issued to a child welfare agency shall be deemed approval
of all family boarding homes, foster family homes, and family day-
care homes approved, supervised, and used by the licensed agency
as a part of its work, subject to this article and rules and regula-
tions of the board.
(2) The department shall have the responsibility to review
existing day-care regulations to determine which regulations are
necessary to safeguard and protect the well-being and general
welfare of children and youth, which regulations could more
appropriately be issued as guidelines for quality day care, and
which regulations unnecessarily restrict the delivery of day-care
services. A list of proposed rule changes shall be submitted to the
Board of Human Resources no later than November 1, 1982.
Copies of the proposed changes shall be submitted to the Lieuten-
ant Governor, the Speaker of the House of Representatives, and
GEORGIA LAWS 1982 SESSION
711
the chairmen of the Senate Human Resources Committee and the
House Health and Ecology Committee.
(3) No later than December 31,1982, the department shall
publish and make available to day-care centers and interested
persons a list of guidelines for quality child care.
(4) After a family day-care home, group day-care home, or
day-care center has been licensed or registered by the department
as provided in this chapter, the facility shall not be required to
have a permit to operate a food service establishment as required
in Code Section 26-2-371, provided that standards for food service
have been incorporated in the regulations for licensing or register-
ing such agencies.
Section 11. Said chapter is further amended by adding between
Code Sections 49-5-13 and 49-5-15 a new Code section, to be desig-
nated Code Section 49-5-14, to read as follows:
49-5-14. (a) Fire inspections of group day-care homes and
day-care centers shall be performed by local fire departments or local
fire marshals. Such local fire departments or local fire marshals shall
be responsible for enforcing fire safety standards within their juris-
dictions and shall:
(1) Conduct fire safety inspections of group day-care homes
and day-care centers at least once a year using the 1973 Life Safety
Code (NFPA Standard 101) of the National Fire Protection
Association as modified for day-care centers by the Board of
Human Resources or using any subsequent applicable code
adopted by the said board pursuant to subsection (c); and
(2) Issue permanent and temporary certificates of occu-
pancy.
(b) If local fire departments or local fire marshals are unable or
unwilling to perform fire inspections of group day-care homes and
day-care centers, the department shall assume such responsibility.
(c) The department shall have the responsibility to review new
fire safety codes and make recommendations to the board. The board
may modify any new fire safety codes. Any day-care center con-
structed after November 1, 1982, shall comply with such codes;
712
GENERAL ACTS AND RESOLUTIONS, VOL. I
provided, however, that day-care centers in operation, under con-
struction, or with approved plans prior to November 1, 1982, shall
comply with the 1973 Life Safety Code (NFPA Standard 101) of the
National Fire Protection Association as modified for day-care centers
by the board and shall remain in compliance with that code as
modified as long as the day-care center is operated at the same
location.
Part 3
Section 12. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon
its approval by the Governor or upon its becoming law without his
approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 13. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 13,1982.
HOSPITAL AUTHORITIES LAW AMENDED.
Code Chapter 88-18 Amended.
Code Section 31-7-75 Amended.
No. 1213 (House Bill No. 686).
AN ACT
To amend Code Chapter 88-18, also known as the Hospital
Authorities Law, approved March 18,1964 (Ga. L. 1964, p. 499), as
GEORGIA LAWS 1982 SESSION
713
amended, so as to authorize authorities created under said Act to
extend credit or make loans to others for the planning, design,
construction, acquisition or carrying out of any project; to provide for
the securing of said credit or loans; to provide that authorities may
require the inclusion in any contract, loan agreement, security agree-
ment or other instrument, such provisions for guaranty, insurance,
construction, use, operation, maintenance, and financing of a project
as such authorities may deem necessary or desirable; to permit
authorities to acquire, accept, or retain equitable interests, security
interests or other interests in any property, real or personal, in order
to secure the repayment of any moneys loaned or credit extended by
authorities; to make editorial corrections; to authorize such authori-
ties to receive or provide certain management, consulting, and operat-
ing services and to contract regarding these services; to amend the
Official Code of Georgia Annotated accordingly; to provide effective
dates; to provide for severability; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 88-18, also known as the Hospital
Authorities Law, approved March 18,1964 (Ga. L. 1964, p. 499), as
amended, is amended by striking subsections (h) through (u) of Code
Section 88-1805 in their entirety and inserting in lieu thereof new
subsections (h) through (x) to read as follows:
(h) To extend credit or make loans to others for the planning,
design, construction, acquisition, or carrying out of any project, which
credit or loans may be secured by such loan agreements, mortgages,
security agreements, contracts, or other instruments or fees or
charges, for a term not to exceed 40 years, and upon such terms and
conditions as the Authority shall determine reasonable in connection
with such loans, including provisions for the establishment and
maintenance of reserves and insurance funds, and in the exercise of
powers granted by this Code Section in connection with a project, to
require the inclusion in any contract, loan agreement, security agree-
ment, or other instrument such provisions for guaranty, insurance,
714
GENERAL ACTS AND RESOLUTIONS, VOL. I
construction, use, operation, maintenance, and financing of a project
as the Authority may deem necessary or desirable.
(i) To acquire, accept, or retain equitable interests, security
interests, or other interests in any property, real or personal, by
mortgage, assignment, security agreement, pledge, conveyance, con-
tract, lien, loan agreement, or other consensual transfer in order to
secure the repayment of any moneys loaned or credit extended by the
Authority.
(j) To establish rates and charges for the services and use of the
facilities of the Authority.
(k) To accept gifts, grants, or devises of any property.
(l) To acquire by the exercise of the right of eminent domain any
property essential to the purposes of the Authority.
(m) To sell or lease within 20 years after the completion of
construction of properties or facilities operated by the hospital
Authority where grants of financial assistance have been received
from Federal or State Governments, after such action has first been
approved by the department in writing.
(n) To exchange, transfer, assign, pledge, mortgage or dispose of
any real or personal property or interest therein.
(o) To mortgage, pledge or assign any revenue, income, tolls,
charges or fees received by the Authority.
(p) To issue revenue anticipation certificates or other evidences
of indebtedness for the purpose of providing funds to carry out the
duties of the Authority; provided that the maturity of any such
indebtedness shall not extend for more than 40 years.
(q) To borrow money for any corporate purpose.
(r) To appoint officers, agents and employees.
(s) To make use of any facilities afforded by the Federal govern-
ment, or any agency or instrumentality thereof.
GEORGIA LAWS 1982 SESSION
715
(t) To receive, from the governing body of political subdivisions
issuing the same, proceeds from the sale of general obligation bonds
or other county obligations issued for hospital Authority purposes.
(u) To exercise any or all power now or hereafter possessed by
private corporations performing similar functions.
(v) To make plans for unmet needs of their respective commu-
nities.
(w) To contract for the management and operation of the project
by a professional hospital or medical facilities consultant or manage-
ment firm. Each such contract shall require the consultant or Arm
contracted with to post a suitable and sufficient bond.
(x) To provide management, consulting, and operating services
(including, but not limited to, administrative, operational, personnel,
and maintenance services) to another hospital authority, hospital,
health care facility as said term is defined in Code Chapter 88-33,
person, firm, corporation or any other entity or any group or groups of
the foregoing; to enter into contracts alone or in conjunction with
others to provide such services without regard to the location of the
parties to such transactions; to receive management, consulting, and
operating services (including, but not limited to, administrative,
operational, personnel, and maintenance services) from another such
hospital authority, hospital, health care facility, person, firm, corpo-
ration or any other entity or any group or groups of the foregoing; and
to enter into contracts alone or in conjunction with others to receive
such services without regard to the location of the parties to such
transactions.
Part 2
Section 2. Article 4 of Chapter 7 of Title 31 of the Official Code
of Georgia Annotated is amended by striking paragraphs (8) through
(21) of Code Section 31-7-75 in their entirety and inserting in lieu
thereof new paragraphs (8) through (24) to read as follows:
(8) To extend credit or make loans to others for the
planning, design, construction, acquisition, or carrying out of any
project, which credit or loans may be secured by such loan
agreements, mortgages, security agreements, contracts, or other
instruments or fees or charges, for a term not to exceed 40 years,
716
GENERAL ACTS AND RESOLUTIONS, VOL. I
and upon such terms and conditions as the authority shall deter-
mine reasonable in connection with such loans, including provi-
sions for the establishment and maintenance of reserves and
insurance funds, and in the exercise of powers granted by this
Code section in connection with a project, to require the inclusion
in any contract, loan agreement, security agreement, or other
instrument such provisions for guaranty, insurance, construction,
use, operation, maintenance, and financing of a project as the
authority may deem necessary or desirable;
(9) To acquire, accept, or retain equitable interests, security
interests, or other interests in any property, real or personal, by
mortgage, assignment, security agreement, pledge, conveyance,
contract, lien, loan agreement, or other consensual transfer in
order to secure the repayment of any moneys loaned or credit
extended by the authority;
(10) To establish rates and charges for the services and use of
the facilities of the authority;
(11) To accept gifts, grants, or devises of any property;
(12) To acquire by the exercise of the right of eminent
domain any property essential to the purposes of the authority;
(13) To sell or lease within 20 years after the completion of
construction of properties or facilities operated by the hospital
authority where grants of financial assistance have been received
from federal or state governments, after such action has first been
approved by the department in writing;
(14) To exchange, transfer, assign, pledge, mortgage, or dis-
pose of any real or personal property or interest therein;
(15) To mortgage, pledge, or assign any revenue, income,
tolls, charges, or fees received by the authority;
(16) To issue revenue anticipation certificates or other evi-
dences of indebtedness for the purpose of providing funds to carry
out the duties of the authority; provided, however, that the
maturity of any such indebtedness shall not extend for more than
40 years;
GEORGIA LAWS 1982 SESSION
717
(17) To borrow money for any corporate purpose;
(18) To appoint officers, agents, and employees;
(19) To make use of any facilities afforded by the federal
government or any agency or instrumentality thereof;
(20) To receive, from the governing body of political subdivi-
sions issuing the same, proceeds from the sale of general obligation
bonds or other county obligations issued for hospital authority
purposes;
(21) To exercise any or all powers now or hereafter possessed
by private corporations performing similar functions;
(22) To make plans for unmet needs of their respective
communities;
(23) To contract for the management and operation of the
project by a professional hospital or medical facilities consultant
or management firm. Each such contract shall require the consult-
ant or firm contracted with to post a suitable and sufficient bond;
and
(24) To provide management, consulting, and operating ser-
vices including, but not limited to, administrative, operational,
personnel, and maintenance services to another hospital author-
ity, hospital, health care facility as said term is defined in Chapter
6 of Title 31, person, firm, corporation, or any other entity or any
group or groups of the foregoing; to enter into contracts alone or in
conjunction with others to provide such services without regard to
the location of the parties to such transactions; to receive manage-
ment, consulting, and operating services including, but not limited
to, administrative, operational, personnel, and maintenance ser-
vices from another such hospital authority, hospital, health care
facility, person, firm, corporation, or any other entity or any group
or groups of the foregoing; and to enter into contracts alone or in
conjunction with others to receive such services without regard to
the location of the parties to such transactions.
718
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
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
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
repealed.
Approved April 13,1982.
GEORGIA POST MORTEM EXAMINATION ACT
AMENDED.
Code Section 45-16-36 Amended.
No. 1214 (House Bill No. 732).
AN ACT
To amend the Georgia Post Mortem Examination Act,
approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as
GEORGIA LAWS 1982 SESSION
719
amended, particularly by an Act approved April 25,1969 (Ga. L. 1969,
p. 761), so as to change the maximum and minimum compensation of
coroners jurors; to amend the Official Code of Georgia Annotated
accordingly; to provide for effective dates and automatic repeal; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. The Georgia Post Mortem Examination Act,
approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as
amended, particularly by an Act approved April 25,1969 (Ga. L. 1969,
p. 761), is amended by striking from Section 14 the figures $3.00
and $10.00 and inserting in lieu thereof, respectively, the figures
$5.00 and $25.00, so that when so amended said section shall read
as follows:
Section 14. The coroner shall summon and impanel five jurors to
hold an inquest who shall decide the verdict by a majority vote. The
first grand jury impaneled at the fall term of the superior courts of the
several counties shall fix the compensation of said jurors for their
services for the next succeeding year, but such compensation shall not
be less than $5.00 nor more than $25.00 per diem. It shall be the duty
of the coroner, or other person discharging the duties of the coroner,
to give a certificate of the fact of such service to each juror. Upon
presentation of such certificate to the proper fiscal authority of the
county in which the inquest is held, such fiscal authority shall pay the
juror for his services.
Part 2
Section 2. Chapter 16 of Title 45 of the Official Code of Georgia
Annotated, relating to coroners, is amended by striking Code Section
45-16-36 and inserting in its place a new Code Section 45-16-36 to
read as follows:
45-16-36. The coroner shall summon and impanel five jurors to
hold an inquest, which jurors shall decide the verdict by a majority
720
GENERAL ACTS AND RESOLUTIONS, VOL. I
vote. The first grand jury impaneled at the fall term of the superior
courts of the several counties shall fix the compensation of said jurors
for the next succeeding year but such compensation shall not be less
than $5.00 nor more than $25.00 per diem. It shall be the duty of the
coroner or other person discharging the duties of the coroner to give a
certificate of the fact of such service to each juror. Upon presentation
of such certificate to the proper fiscal authority of the county in which
the inquest is held, such fiscal authority shall pay the juror for his
services.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
REGISTRATION OF MOTOR VEHICLE BY
NONRESIDENTS.
Code Section 40-2-90 Amended.
No. 1215 (House Bill No. 739).
AN ACT
To amend Code Section 40-2-90, relating to licensure and registra-
tion of motor vehicles by nonresidents, so as to provide definitions; to
GEORGIA LAWS 1982 SESSION
721
exempt certain persons from certain registration requirements for
motor vehicles; to provide certain requirements for such exemptions;
to provide limitations; to provide for other matters relative thereto; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 40-2-90, relating to licensure and
registration of motor vehicles by nonresidents, as amended, is
amended by striking in its entirety said Code section, which reads as
follows:
40-2-90. (a) Motor vehicles owned by nonresidents of this
state may be used and operated on the public streets and highways of
this state for a period of 30 days, during which time the owners shall
not be required to register and obtain a license to operate their
vehicles, provided that such owners shall have fully complied with the
laws requiring the registration of motor vehicles in the state or
territory of their residence and that the registration number and
initial letter of such state or territory shall be displayed and plainly
visible on such vehicles. In other respects, motor vehicles owned by
nonresidents and in use temporarily within the state shall be subject
to this chapter, provided that no resident shall be allowed to operate a
motor vehicle within this state under a license issued by another state.
(b) Notwithstanding subsection (a) of this Code section, in every
case where a nonresident accepts employment or engages in any
trade, profession, or occupation in the state or enters his children to
be educated in the public schools of the state, such nonresident shall,
within 30 days after the commencement of such employment or
education, be required to register his motor vehicles in this state if
such motor vehicles are proposed to be operated on the highways of
the state.,
and substituting in lieu thereof the following:
40-2-90. (a) For purposes of this Code section:
(1) Nonresident means any person who does not reside in
the State of Georgia but who accepts employment or engages in
any trade, profession, or occupation in the state or enters his
children in the public schools of this state.
722
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Visitor means any person who does not reside in the
State of Georgia and who is not a nonresident as defined herein.
(b) (1) Motor vehicles owned by nonresidents may be used and
operated on the public streets and highways for a period of 30 days
without registering said motor vehicles in the State of Georgia.
(2) Motor vehicles owned by visitors may be used and
operated on the public streets and highways, for pleasure purposes
only, for a period of 90 days without registering said motor
vehicles in the State of Georgia.
(3) To be eligible for the exemptions provided for in para-
graph (1) or (2), a nonresident or visitor shall have fully complied
with the laws relating to the registration of motor vehicles of the
state or territory wherein he resides, and the registration number
and initial letter of such state or territory shall be displayed and
plainly visible on such motor vehicles.
(4) No resident of Georgia shall be entitled to the exemp-
tions provided for in paragraph (1) or (2).
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA LAWS 1982 SESSION
723
GEORGIA HEALTH CODE AMENDED.
Code Chapter 88-17 Amended.
Code Title 31, Chapter 10 Amended.
No. 1216 (House Bill No. 780).
AN ACT
To amend Code Title 88, known as the Georgia Health Code, as
amended, so as to comprehensively and exhaustively revise, super-
sede, consolidate, and codify the laws relating to vital records; to
provide for definitions; to provide for the vital records registration
system; to provide for departmental rules and regulations; to provide
for the appointment of a state registrar and the duties thereof; to
provide for the appointment of local registrars, local custodians, and
special abstracting agents and their qualifications, duties, and com-
pensation; to provide for contents and form of certain certificates and
reports and their filing and registration; to provide for fees; to provide
for birth registration; to provide for registration of infants of
unknown parentage; to provide for delayed registration of birth; to
provide a judicial procedure to establish facts of birth; to provide for
reports of adoption; to provide for new certificates of birth following
adoption, legitimation, paternity determination, and paternity
acknowledgment; to provide for death registration; to provide for
determination of death and immunity therefor; to provide for copies
of death certificates and certificates of record; to provide for reports
of spontaneous fetal death; to provide for reports of induced termina-
tion of pregnancy; to provide for final disposition permits; to provide
for registration of marriage, divorce, dissolution, or annulment of
marriage; to provide for amendments and corrections of vital records;
to provide for reproduction and preservation of vital records; to
provide for disclosure of information from vital records; to provide for
copies and data from the vital records registration system; to require
certain persons to keep records of those admitted or confined to
institutions; to provide for duties and privilege regarding furnishing
of certain information; to provide for matching of birth and death
certificates; to provide penalties; to provide for other matters relating
to the foregoing; to amend the Official Code of Georgia Annotated
accordingly; to provide for severability; to provide for effective dates
and automatic repeal; to repeal conflicting laws; and for other pur-
poses.
724
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Title 88, known as the Georgia Health Code,
as amended, is amended by striking in its entirety Code Chapter 88-
17, relating to vital records, and substituting in lieu thereof a new
Code Chapter 88-17 to read as follows:
CHAPTER 88-17
VITAL RECORDS
88-1701. As used in this chapter, the term:
(1) Commissioner means the commissioner of human
resources.
(2) Dead body means a human body or such parts of such
human body from the condition of which it reasonably may be
concluded that death recently occurred.
(3) Department means the Department of Human
Resources.
(4) Fetal death means death prior to the complete expul-
sion or extraction from its mother of a product of human concep-
tion, irrespective of the duration of pregnancy; the death is
indicated by the fact that after such expulsion or extraction the
fetus does not breathe or show any other evidence of life such as
beating of the heart, pulsation of the umbilical cord, or definite
movement of voluntary muscles.
(5) File means the presentation of a vital record provided
for in this chapter for registration by the vital records registration
system.
(6) Final disposition means the burial, interment, crema-
tion, removal from the state, or other authorized disposition of a
dead body or fetus.
(7) Induced termination of pregnancy means the purpose-
ful interruption of pregnancy with the intention other than to
produce a live-born infant or to remove a dead fetus and which
does not result in a live birth.
GEORGIA LAWS 1982 SESSION
725
(8) Institution means any establishment, public or private,
which provides in-patient or out-patient medical, surgical, or
diagnostic care or treatment or nursing, custodial, or domiciliary
care, or to which persons are committed by law.
(9) Live birth means the complete expulsion or extraction
from its mother of a product of human conception, irrespective of
the duration of pregnancy, which, after such expulsion or extrac-
tion, breathes, or shows any other evidence of life such as beating
of the heart, pulsation of the umbilical cord, or definite movement
of voluntary muscles, whether or not the umbilical cord has been
cut or the placenta is attached.
(10) Local custodian means the person appointed by the
state registrar to maintain and certify the local records of birth
and death.
(11) Local registrar means the person appointed by the
state registrar to collect and transmit to the department certifi-
cates of birth, death, fetal death, and any other reports required
by this chapter.
(12) Physician means a person authorized or licensed to
practice medicine or osteopathy pursuant to Chapter 84-9.
(13) Registration means the acceptance by the vital
records registration system and the incorporation of vital records
provided for in this chapter into its official records.
(14) Special abstracting agent means the person appointed
by the state registrar to examine and abstract evidence and submit
such information to the department in order to file delayed
certificates of birth or amend certificates of birth.
(15) Spontaneous fetal death means the expulsion or
extraction of a product of human conception resulting in other
than a live birth and which is not an induced termination of
pregnancy.
(16) State registrar means the person responsible for the
state vital records registration system, including the registration,
collection, preservation, amendment, and certification of vital
records.
726
GENERAL ACTS AND RESOLUTIONS, VOL. I
(17) Vital records means certificates or reports of birth,
death, marriage, divorce, dissolution of marriage, or annulment
and data related thereto.
(18) Vital records registration system means the registra-
tion, collection, preservation, amendment, and certification of
vital records; the collection of other reports required by this
chapter; and activities related thereto including the tabulation,
analysis, and publication of vital statistics.
(19) Vital statistics means the data derived from certifi-
cates and reports of birth, death, spontaneous fetal death, induced
termination of pregnancy, marriage, divorce, dissolution of mar-
riage, or annulment and related reports.
88-1702. The department shall maintain and operate the states
official vital records registration system. The system shall be in effect
in all areas of the state and shall provide for proper administration of
the system and preservation of its records.
88-1703. The department is authorized to adopt, amend, and
repeal rules and regulations for the purpose of carrying out the
provisions of this chapter.
88-1704. The commissioner shall appoint the state registrar of
vital records, hereinafter referred to as state registrar, subject to the
rules and regulations of the State Merit System of Personnel Admin-
istration, classified service.
88-1705. (a) The state registrar shall:
(1) Administer and enforce the provisions of this chapter
and the rules and regulations issued under this chapter and issue
instructions for the efficient administration of the vital records
registration system;
(2) Direct and supervise the system of vital records and be
custodian of its records;
(3) Direct, supervise, and control the activities of all persons
when they are engaged in activities pertaining to the operation of
the vital records registration system;
GEORGIA LAWS 1982 SESSION
727
(4) Conduct training programs to promote uniformity of
policy and procedures throughout the state in matters pertaining
to the vital records registration system;
(5) Prescribe, furnish, and distribute such forms as are
required by this chapter and the rules and regulations issued
hereunder or prescribe such other means for transmission of data
as will accomplish the purpose of complete and accurate reporting
and registration;
(6) Prepare and publish reports of vital statistics of this
state and such other reports as may be required by the depart-
ment; and
(7) Provide to local health agencies copies of or data derived
from certificates and reports required under this chapter, as the
state registrar shall determine are necessary for local health
planning and program activities. The state registrar shall estab-
lish a schedule with each local health agency for transmittal of the
copies or data. The copies or data shall remain the property of the
department, and the uses which may be made of them shall be
governed by the state registrar.
(b) The state registrar may establish or designate offices in the
state to aid in the efficient administration of the vital records
registration system.
(c) The state registrar may delegate such functions and duties
vested in the state registrar to employees of the vital records registra-
tion system and to employees of any office established or designated
under subsection (b) of this Code section.
88-1706. (a) The state registrar may appoint a local registrar
and local custodian for each county and a special abstracting agent as
necessary. Appointees must meet the qualifications and perform the
duties required by this chapter and regulations of the department. A
local registrar, subject to the approval of the state registrar, may
appoint a deputy or deputies. A local custodian, subject to the
approval of the state registrar, may appoint a clerk or clerks of
records.
(b) Local registrars shall collect and receive vital records, review
them for accuracy and completeness, and keep and submit other
reports as may be required by the department.
728
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Local custodians shall file, record, and preserve copies of
vital records and issue certified copies provided for by law.
(d) Special abstracting agents shall examine evidence, abstract
evidence onto prescribed forms, and submit such completed forms to
the vital records registration system for the filing of delayed certifi-
cates of birth or the amendment of certificates of live birth.
88-1707. (a) In order to promote and maintain nation-wide
uniformity in the system of vital records, the forms of certificates and
reports required by this chapter, or by regulations adopted here-
under, shall include as a minimum the items recommended by the
federal agency responsible for national vital records and statistics.
(b) Each certificate, report, and other document required by this
chapter shall be on a form or in a format prescribed by the state
registrar.
(c) All vital records shall contain the date received for registra-
tion.
(d) Information required in certificates or reports authorized by
this chapter may be filed and registered by photographic, electronic,
or other means as prescribed by the state registrar.
88-1708. (a) The state registrar shall certify to the treasurer of
the county each month the number of birth and death certificates and
spontaneous fetal death reports filed with the state office of vital
records with respect to the treasurers county and the amount due.
Upon certification, any fees due shall be paid by the county treasurer
out of the general fund of the county.
(b) Each local registrar shall receive from the county treasurer
the sum of $3.00 for each complete certificate of birth, death, or
spontaneous fetal death report which occurred in that local registrars
county and is personally signed by that local registrar within the time
prescribed by this chapter. A fee of 50<t shall be paid for certificates or
reports filed after the limits shown in this chapter except as noted by
regulations adopted by the department.
(c) The local custodian of vital records shall be paid a fee of $1.00
for each birth and death certificate properly recorded and indexed.
Said fee shall be paid from county funds by the county treasurer.
GEORGIA LAWS 1982 SESSION
729
(d) Special abstractors shall be paid a fee of $2.00 for the
complete filing of an abstract of evidence for a delayed certificate of
birth or an amendment to a certificate of live birth which originates in
the abstractors county. Said fee shall be paid from county funds by
the county treasurer.
(e) Notwithstanding any other provision of this Code section, in
counties where the local registrar or local custodian of vital records or
special abstracting agent are employees of the county board of health,
fees payable under this subsection shall be paid to the county health
department monthly.
88-1709. (a) A certificate of birth for each live birth which
occurs in this state shall be filed with the local registrar of the county
in which the birth occurs within ten days after such birth and filed in
accordance with this Code section and regulations of the department.
(b) When a birth occurs in an institution, the person in charge of
such institution or that persons designated representative shall
obtain the personal data, prepare the birth certificate, secure the
signatures required for the certificate, and file it with the local
registrar. The physician in attendance shall certify to the facts of
birth and provide the medical information required by the certificate
within 72 hours after the birth occurs.
(c) When a birth occurs outside an institution, the certificate
shall be prepared and filed by one of the following in the indicated
order of priority:
(1) The physician or midwife in attendance at or immedi-
ately after the birth, or in the absence of such person,
(2) Any other person in attendance at or immediately after
the birth, or in the absence of such a person,
(3) The father, the mother, or in the absence of the father
and inability of the mother, the person in charge of the premises
where the birth occurred.
(d) When a birth occurs on a moving conveyance within the
United States and the child is first removed from the conveyance in
this state, the birth shall be registered in this state and the place
where it is first removed shall be considered the place of birth. When

730
GENERAL ACTS AND RESOLUTIONS, VOL. I
a birth occurs on a moving conveyance while in international waters
or air space or in a foreign country or its air space and the child is first
removed from the conveyance in this state, the birth shall be regis-
tered in this state but the certificate shall show the actual place of
birth insofar as can be determined.
(e) The name of the natural father or putative father shall be
entered on the certificate of live birth as follows:
(1) If the mother was married either at the time of concep-
tion or at the time of birth, the name of the husband shall be
entered on the certificate as the father of the child unless pater-
nity has been determined otherwise by a court having jurisdiction,
in which case the name of the father as determined by the court
shall be entered;
(2) If the mother is not married to the father at either the
time of conception or at the time of birth, the name of the putative
father shall not be entered on the certificate of birth without the
written consent of the mother and the person to be named as
father;
(3) In any case in which paternity of a child is determined
by a court of competent jurisdiction, the name of the father and
the surname of the child shall be entered on the certificate of birth
in accordance with the finding and order of the court;
(4) If the father is not named on the certificate of birth, no
other information about the father shall be entered on the certifi-
cate; or
(5) In all other cases, the surname of the child shall be the
legal surname of the mother at the time of the birth.
(f) The birth certificate of a child born to a married woman as a
result of artificial insemination, with consent of her husband, shall be
completed in accordance with the provisions of subsection (e) of Code
Section 88-1709.
(g) Either of the parents of the child, or other informant, shall
attest to the accuracy of the personal data entered on the certificate in
time to permit the filing of the certificate within the ten days
prescribed in subsection (a) of Code Section 88-1709.
GEORGIA LAWS 1982 SESSION
731
(h) All birth certificates filed and registered must identify the
recorded person by name, which normally will include the parents
names. No obscenities, numbers, symbols, or other such nonidentify-
ing data will be accepted.
88-1710. (a) Whoever assumes the custody of a live born infant
of unknown parentage shall report on a form and in a manner
prescribed by the state registrar within ten days to the vital records
registration system the following information:
(1) The date and place of finding;
(2) Sex, color or race, and approximate birth date or age of
child;
(3) Name and address of the person or institution with
whom the child has been placed for care;
(4) Name given to the child by the custodian of the child;
and
(5) Other data required by the state registrar.
(b) The place where the child was found shall be entered as the
place of birth.
(c) A report registered under this Code section shall constitute
the certificate of birth for the child.
(d) If the child is subsequently identified and a certificate of
birth is found or obtained, the report registered under this Code
section shall be placed in a special file and shall not be subject to
inspection except upon order of a court of competent jurisdiction or
as provided by regulation.
88-1711. (a) When a certificate of birth of a person born in this
state has not been filed within the time period provided in Code
Section 88-1709, a delayed certificate of birth may be filed in accord-
ance with regulations of the department. The certificate shall be
registered subject to such evidentiary requirements as the depart-
ment shall by regulation prescribe to substantiate the alleged facts of
birth.
732
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Certificates of birth registered one year or more after the
date of birth shall be made on forms prescribed and furnished by the
state registrar, marked Delayed, and shall show on their face the
date of the delayed registration.
(c) A summary statement of the evidence submitted in support
of the delayed registration shall be endorsed on the delayed certifi-
cate of birth.
(d) When an applicant does not submit the minimum documen-
tation required in the regulations for delayed registration or when the
state registrar has reasonable cause to question the validity or ade-
quacy of the applicants sworn statement or the documentary evi-
dence, and if the deficiencies are not corrected, the state registrar
shall not register the delayed certificate of birth and shall advise the
applicant in writing of the reasons for this action, and shall further
advise the applicant of the applicants right of judicial appeal.
(e) The department may by regulation provide for the dismissal
of an application which is not actively prosecuted.
88-1712. (a) If a delayed certificate of birth is rejected under
the provisions of Code Section 88-1711, a petition signed and sworn to
by the petitioner may be filed with a superior court in the county of
residence of the person for whom a delayed certificate of birth is
sought for an order establishing a record of the date and place of the
birth and the parentage of the person whose birth is to be registered
and shall allege:
(1) That the person for whom a delayed certificate of birth
is sought was born in this state;
(2) That no certificate of birth of such person can be found
in the files of the vital records registration system or the office of
any local custodian of vital records;
(3) That diligent efforts by the petitioner have failed to
obtain the evidence required in accordance with Code Section 88-
1711 and regulations adopted pursuant thereto;
(4) That the state registrar has refused to register a delayed
certificate of birth; and
GEORGIA LAWS 1982 SESSION
733
(5) Such other allegations as may be required.
(b) The petition shall be accompanied by a statement of the
state registrar made in accordance with Code Section 88-1711 and all
documentary evidence which was submitted to the state registrar in
support of such registration.
(c) The superior court shall fix a time and place for hearing the
petition and shall give the state registrar not less than ten days notice
of said hearing. The state registrar or his authorized representative
may appear and testify in the proceeding.
(d) If the superior court finds, from the evidence presented, that
the person from whom a delayed certificate of birth is sought was so
born in this state, it shall make findings as to the place and date of
birth, parentage, and such other findings as may be required and shall
issue an order, on a form prescribed and furnished by the state
registrar, to establish a delayed certificate of birth. This order shall
include the birth data to be registered, a description of the evidence
presented as prescribed by Code Section 88-1711 and the date of the
courts action.
(e) The clerk of superior court shall forward each such order to
the state registrar not later than the tenth day of the calendar month
following the month in which it was entered. Such order shall be
registered by the state registrar and shall constitute the certificate of
birth from which certified copies may be issued in accordance with
this chapter.
88-1713. (a) For each adoption decreed by a court of compe-
tent jurisdiction in this state, the court shall require the preparation
of a report of adoption on a form prescribed and furnished by the
state registrar. The report shall include such facts as are necessary to
locate and identify the original certificate of birth of the person
adopted; shall provide information necessary to establish a new
certificate of birth of the person adopted; and shall identify the order
of adoption and be certified by the clerk of court.
(b) Information necessary to prepare the report of adoption
shall be furnished by each petitioner for adoption or the petitioners
attorney. The appropriate agency or any person having knowledge of
the facts shall supply the court with such additional information as
may be necessary to complete the report. The provision of such
734
GENERAL ACTS AND RESOLUTIONS, VOL. I
information shall be prerequisite to the issuance of a final decree in
the matter by the court.
(c) Whenever an adoption decree is amended or annulled, the
clerk of the court shall prepare a report thereof, which shall include
such facts as are necessary to identify the original adoption report
and the facts amended in the adoption decree as shall be necessary to
amend the birth record properly.
(d) Not later than the fifteenth day of each calendar month or
more frequently, as directed by the state registrar, the clerk of the
court shall forward to the state registrar reports of decrees of adop-
tion, annulment of adoption, and amendments of decrees of adoption
which were entered in the preceding month, together with such
related reports as the state registrar shall require.
(e) When the state registrar shall receive a report of adoption,
annulment of adoption, or amendment of a decree of adoption of a
person born outside this state, the state registrar shall forward such
report to the state registrar in the indicated state of birth. If the birth
occurred in a foreign country, the report of adoption shall be returned
to the attorney or agency handling the adoption for submission to the
appropriate federal agency. The state registrar shall establish a
certificate of birth for a person born outside this state when the state
registrar receives a certificate of adoption if neither parent is the
natural parent of the adoptee and when the adoptive parents elect to
show Georgia as the state of birth; provided, however, that the
adoptee is entitled to citizenship by birth. The certificate of adoption
shall specify the place of birth, and a copy of the original birth
certificate shall be provided for the state registrar.
88-1714. (a) The state registrar shall establish a new Certificate
of birth for a person born in this state when the state registrar receives
the following:
(1) A report of adoption as provided in Code Section 88-
1713 or a report of adoption prepared and filed in accordance with
the laws of another state or foreign country, or a certified copy of
the decree of adoption, together with the information necessary to
identify the original certificate of birth and to establish a new
certificate of birth, except that a new certificate of birth shall not
be established if so requested by the court decreeing the adoption,
the adoptive parents, or the adopted person; or
GEORGIA LAWS 1982 SESSION
735
(2) A request that a new certificate be established as pre-
scribed by regulation and such evidence as required by regulation
proving that such person has been legitimated, or that a court of
competent jurisdiction has determined the paternity of such a
person, or that both parents married to each other have acknowl-
edged the paternity of such person and request that the surname
be changed to that of the father.
(b) When a new certificate of birth is established, the exact date
of birth shall be shown. The true place of birth shall be shown if the
adoptee is the natural child of the spouse of the adoptive parent in the
case of step-parent adoptions. The true place of birth shall be shown
for all legitimations. For full adoptions, where neither parent is the
natural parent of the adoptee, the place of birth shall be, at the
election of the adoptive parents, either the true place of birth of the
adoptee or the residence of the adoptive parents at the time of the
adoptees birth. The place of birth indicated must be located in
Georgia. The new certificate shall be substituted for the original
certificate of birth and the evidence of adoption, legitimation, pater-
nity determination, or paternity acknowledgment shall be sealed and
shall not be subject to inspection except upon order of a court of
competent jurisdiction or as provided by regulation.
(c) Upon receipt of a report of an amended decree of adoption,
the certificate of birth shall be amended as provided by regulation.
(d) Upon receipt of a report or decree of annulment of adoption,
the original certificate of birth shall be restored to its place in the files
and the new certificate and evidence shall not be subject to inspection
except upon order of a court of competent jurisdiction or as provided
by regulation.
(e) If no certificate of birth is on file for the person for whom a
new birth certificate is to be established under this Code section and
the date and place of birth have not been determined in the adoption
or paternity proceedings, a delayed certificate of birth shall be filed
with the state registrar as provided in Code Section 88-1711 or 88-
1712 before a new certificate of birth is established. The new birth
certificate shall be prepared on the delayed birth certificate form.
(f) When a new certificate of birth is established by the state
registrar, all copies of the original certificate of birth in the custody of
any other custodian of vital records in this state shall be sealed from
736
GENERAL ACTS AND RESOLUTIONS, VOL. I
inspection or forwarded to the state registrar, as the state registrar
shall direct.
88-1715. (a) A certificate of death for each death which occurs
in this state shall be filed with the local registrar of the county in
which the death occurred or the body was found within 72 hours after
the death but prior to the final disposition or removal of the body
from this state as follows:
(1) If the place of death is unknown but the dead body is
found in this state, the certificate of death shall be completed and
filed in accordance with this Code section. The place where the
body is found shall be shown as the place of death. If the date of
death is unknown, it shall be the date the body was found and the
certificate marked as such; or
(2) When death occurs in a moving conveyance in the
United States and the body is first removed from the conveyance
in this state, the death shall be registered in this state and the
place where it is first removed shall be considered the place of
death. When a death occurs on a moving conveyance while in
international waters or air space or in a foreign country or its air
space and the body is first removed from the conveyance in this
state, the death shall be registered in this state but the certificate
shall show the actual place of death insofar as can be determined.
(b) The funeral director or person acting as such who first
assumes custody of the dead body shall file the certificate of death.
Such director or person shall obtain the personal data from the next
of kin or the best qualified person or source available and shall obtain
the medical certification from the person responsible therefor.
(c) The medical certification as to the cause and circumstances
of death shall be completed, signed, and returned to the funeral
director within 48 hours after death by the physician in charge of the
patients care for the illness or condition which resulted in death,
except when inquiry is required by the Georgia Post Mortem Exami-
nation Act. In the absence of said physician or with that physicians
approval the certificate may be completed and signed by an associate
physician, the chief medical officer of the institution in which death
occurred, or the physician who performed an autopsy upon the
decedent, provided such individual has access to the medical history
of the case, views the deceased at or after death, and death is due to
natural causes.
GEORGIA LAWS 1982 SESSION
737
(d) When death occurs without medical attendance as set forth
in subsection (c) of this Code section or when inquiry is required by
the Georgia Post Mortem Examination Act, the proper person shall
investigate the cause of death and shall complete and sign the medical
certification portion of the death certificate within 30 days after being
notified of the death.
(e) If the cause of death cannot be determined within 48 hours
after death, the medical certification shall be completed as provided
by regulation. The attending physician or coroner shall give the
funeral director or person acting as such notice of the reason for the
delay, and final disposition of the body shall not be made until
authorized by the attending physician or coroner.
88-1716. (a) A person may be pronounced dead by a qualified
physician if it is determined that the individual has sustained either
(1) irreversible cessation of circulatory and respiratory function, or
(2) irreversible cessation of all functions of the entire brain, including
the brain stem.
(b) A person who acts in good faith in accordance with the
provisions of subsection (a) of this Code section shall not be liable for
damages in any civil action or subject to prosecution in any criminal
proceeding for such act.
(c) The criteria for determining death authorized in subsection
(a) of this Code section shall be cumulative to and shall not prohibit
the use of other medically recognized criteria for determining death.
88-1717. (a) When a death certificate is filed with a local
registrar, it shall be transmitted to the vital records registration
system for state registration within ten days of receipt. After registra-
tion and the assignment of a state file number, an authorized copy of
the death certificate shall be returned to the local custodian. Certi-
fied copies of such death certificates may then be issued from the
authorized copy by the local custodian.
(b) After a death certificate is filed with a local registrar, but
before the death certificate has been registered by the vital records
registration system, the local custodian shall be authorized to issue
copies of the death certificate to be known as a certificate of record.
Each certificate of record shall have printed thereon the following:
This is an exact copy of the death certificate received for filing in
738
GENERAL ACTS AND RESOLUTIONS, VOL. I
____________County. Such certificate of record shall be signed by the
local custodian and have the correct seal affixed thereto.
88-1718. (a) A report of spontaneous fetal death for each
spontaneous fetal death which occurs in this state shall be filed with
the local registrar of the county in which the delivery occurred within
72 hours after such delivery in accordance with this Code section
unless the place of fetal death is unknown, in which case a fetal death
certificate shall be filed in the county in which the dead fetus was
found within 72 hours after such occurrence. All induced termina-
tions of pregnancy shall be reported in the manner prescribed in Code
Section 88-1719. Preparation and filing of reports of spontaneous
fetal death shall be as follows:
(1) When a dead fetus is delivered in an institution, the
person in charge of the institution or that persons designated
representative shall prepare and file the report;
(2) When a dead fetus is delivered outside an institution,
the physician in attendance at or immediately after delivery shall
prepare and file the report;
(3) When a spontaneous fetal death required to be reported
by this Code section occurs without medical attendance at or
immediately after the delivery or when inquiry is required by the
Georgia Post Mortem Examination Act, the proper investigating
official shall investigate the cause of fetal death and shall prepare
and file the report within 30 days; and
(4) When a spontaneous fetal death occurs in a moving
conveyance and the fetus is first removed from the conveyance in
this state or when a dead fetus is found in this state and'the place
of fetal death is unknown, the fetal death shall be reported in this
state. The place where the fetus was first removed from the
conveyance or the dead fetus was found shall be considered the
place of fetal death.
(b) The medical certification portion of the fetal death report
shall be completed and signed within 48 hours after delivery by the
physician in attendance at or after delivery except when inquiry or
investigation is required by the Georgia Post Mortem Examination
Act.
GEORGIA LAWS 1982 SESSION
739
(c) The name of the father shall be entered on the spontaneous
fetal death report in accordance with the provisions of Code Section
88-1709.
88-1719. Each induced termination of pregnancy which occurs in
this state, regardless of the length of gestation or weight, shall be
reported directly to the department within ten days by the person in
charge of the institution or clinic, or designated representative, in
which the induced termination of pregnancy was performed. If the
induced termination of pregnancy was performed outside an institu-
tion or clinic, the attending physician shall prepare and file the report
within the time specified by this Code section.
88-1720. (a) The funeral director or person acting as such or
person who first assumes custody of a dead body shall, prior to final
disposition of the body, obtain authorization for final disposition of
the body. The physician or coroner when certifying the cause of
death also shall authorize final disposition of the body.
(b) The funeral director, or person acting as such, or other
person who first assumes custody of a dead body or fetus shall obtain
a disposition permit prior to the final disposition or removal from the
state of the body or fetus and within 72 hours after death.
(c) Such disposition permit shall be issued by the local registrar
of the county where a satisfactorily completed certificate of death or
fetal death is filed.
(d) A disposition permit issued under the law of another state
which accompanies a dead body or fetus brought into this state shall
be authority for final disposition of the body or fetus in this state.
(e) Each person in charge of any place for final disposition shall
include in the authorization the date of disposition and shall sign and
return all authorizations to the funeral director or other person within
ten days after the date of disposition. When there is no person in
charge of the place for final disposition, the funeral director or other
person shall endorse the authorization and retain such in that direc-
tors or other persons files.
(f) Prior to final disposition of a dead fetus, irrespective of the
duration of pregnancy, the funeral director or person acting as such,
or other person, the person in charge of the institution, or other
740
GENERAL ACTS AND RESOLUTIONS, VOL. I
person assuming responsibility for final disposition of the fetus shall
obtain from the parent(s) authorization for final disposition.
(g) Disposition permits shall not be required where disposition
of fetal remains is within the institution of occurrence and a registry
of such events is maintained by the institution.
(h) With the consent of the physician or coroner who is to certify
the cause of death, a dead body may be moved from the place of death
for the purpose of being prepared for final disposition.
(i) Authorization for disinterment and reinterment shall be
required prior to disinterment of a dead body or fetus. Such authori-
zation shall be issued by the local registrar to a licensed funeral
director or other person acting as such, upon proper application.
(j) A disinterment-reinterment permit shall be issued by the
local registrar of the county in which the body was originally interred
to a licensed funeral director or to the person acting as such upon
application filed in accordance with the rules and regulations promul-
gated under this Code section.
(k) The department shall prescribe rules and regulations so that
the local registrars may permit hospitals, funeral homes, or others in
their respective counties or in an adjacent or nearby county to issue
permits.
88-1721. (a) A record of each marriage performed in this state
shall be filed with the department and shall be registered if it has
been completed and filed in accordance with this Code section.
(b) The official who issues the marriage license shall prepare the
record on the form prescribed and furnished by the state registrar
upon the basis of information obtained from both of the parties to be
married.
(c) A person who performs a marriage shall certify the fact of
marriage and return the record to the official who issued the license
within ten days after the ceremony. The record shall be completed as
prescribed by regulations of the department.
(d) Every official issuing marriage licenses shall complete and
forward to the department on or before the tenth day of each calendar
GEORGIA LAWS 1982 SESSION
741
month a copy of the applications and marriage licenses returned to
such official during the preceding calendar month.
(e) The official issuing a marriage license shall keep the original
of the application and license for the county records from which the
official may issue certified copies.
(f) In addition to the fee provided by Code Section 24-1716, the
official shall be entitled to a filing fee of $1.00 to be paid by the
applicant upon application for the marriage license.
88-1722. (a) A record of each divorce, dissolution of marriage,
or annulment granted by any court of competent jurisdiction in this
state shall be filed by the clerk of the court with the department and
shall be registered if it has been completed and filed in accordance
with this Code section. The record shall be prepared by the petitioner
or the petitioners legal representative on a form prescribed and
furnished by the state registrar and shall be presented to the clerk of
the court with the petition. In all cases, the completed record shall be
prerequisite to the granting of the final decree.
(b) The clerk of the superior court shall complete and forward to
the department on or before the tenth day of each calendar month the
records of each divorce, dissolution of marriage, or annulment decree
granted during the preceding calendar month.
88-1723. (a) A certificate or report registered under this chap-
ter may be amended in accordance with this chapter and regulations
adopted by the department to protect the integrity and accuracy of
vital records. Such regulations shall specify the minimum evidence
required for a change in any certificate or report. Amendments to
birth and death certificates shall be completed by the department
and a copy mailed to the proper local custodian. Amendments to
applications for a marriage license or the license shall be completed
by the judge of the probate court of the county in which the license
was issued. An amendment to divorce reports shall be completed by
the clerk of the superior court of the county in which the decree was
granted.
(b) A certificate or report that is amended under this Code
section shall be marked amended, except as otherwise provided in
this Code section. The date of amendment and a summary descrip-
tion of the evidence submitted in support of the amendment shall be
742
GENERAL ACTS AND RESOLUTIONS, VOL. I
endorsed on or made a part of the record. The department shall
prescribe by regulation the conditions under which additions or
minor corrections may be made to certificates or records within one
year after the date of the event without the certificate or record being
marked amended.
(c) (1) Upon receipt of a certified copy of an order to legitimate
a child, or an affidavit signed by the natural parents whose
marriage had legitimated a child, the director shall register a new
birth certificate if paternity was not shown on the original certifi-
cate. Such certificate shall not be marked amended.
(2) If paternity was shown on the original certificate, the
record can be changed only by an order from the superior court to
remove the name of the person shown on the certificate as the
father and to add the name of the natural father and to show the
child as the legitimate child of person so named. The order must
specify the name to be removed and the name to be added.
(d) Upon receipt of a certified copy of an order from a superior
court, probate court, or other court of competent jurisdiction chang-
ing the name of a person born in this state and upon request of such
person or such persons parents, guardian, or legal representative, the
state registrar shall amend the certificate of birth to show the new
name. When the names of the parent or parents and the child are
changed, the state registrar may register a new certificate if requested
by the parents, guardian, or legal representative. Such new certificate
shall be marked amended.
(e) Upon receipt of a certified copy of a court order indicating
the sex of an individual born in this state has been changed by
surgical procedure and that such individuals name has been changed,
the certificate of birth of such individual shall be amended as
prescribed by regulation.
(f) An order from a superior court or probate court shall be
required to change the year of birth, to correct a delayed birth
certificate, or to remove the name of a father from a birth certificate
on file. The person seeking such change, correction, or removal shall
institute the proceeding by filing a petition with the appropriate
court in the county of residence for an order changing the year of
birth, correcting a delayed birth certificate, or removing the name of
the father from a birth certificate on file. Such petition shall set forth
GEORGIA LAWS 1982 SESSION
743
the reasons therefor and shall be accompanied by all available docu-
mentary evidence. The court shall set a date for hearing the petition
and shall give the state registrar at least ten days notice of said
hearing. The state registrar or the authorized representative thereof
may appear and testify in the proceeding. If the court from the
evidence presented finds that such change, correction, or removal
should be made, the judge shall issue an order setting out the change
to be made and the date of the courts action. The clerk of such court
shall forward the petition and order to the state registrar not later
than the tenth day of the calendar month following the month in
which said order was entered. Such order shall be registered by the
state registrar and the change so ordered shall be made.
(g) When an applicant does not submit the minimum documen-
tation required in the regulations for amending a vital record or when
the state registrar has reasonable cause to question the validity or
adequacy of the applicants sworn statements or the documentary
evidence and if the deficiencies are not corrected, the state registrar
shall not amend the vital record and shall advise the applicant of the
reason for this action and shall further advise the applicant of the
right of judicial appeal.
(h) When a certificate or report is amended under this Code
section, the state registrar shall report the amendment to the proper
local custodian and their record shall be amended accordingly.
88-1724. (a) The department is responsible for the preserva-
tion or disposition of all vital records at state or county offices. To
preserve vital records, the state registrar is authorized to prepare
typewritten, photographic, electronic, or other reproductions of cer-
tificates or reports in the vital records registration system. Such
reproductions when certified by the state registrar or the local
custodian shall be accepted as the original records for all purposes.
The documents from which permanent reproductions have been
made and verified may be preserved or disposed of as provided by
regulation.
(b) All preserved original or authorized reproductions by the
state and local custodians remain the property of the department.
Such original or authorized reproductions shall be surrendered to the
department when so ordered.
744
GENERAL ACTS AND RESOLUTIONS, VOL. I
88-1725. (a) To protect the integrity of vital records, to ensure
their proper use, and to ensure the efficient and proper administra-
tion of the system of vital records, it shall be unlawful for any person
to permit inspection of, or to disclose information contained in vital
records or to copy or issue a copy of all or part of any such record
except as authorized by this chapter and by regulation or by order of a
court of competent jurisdiction. Regulations adopted under this
Code section shall provide for adequate standards of security and
confidentiality of vital records. The provisions of this subsection
shall not apply to court records or indexes of marriage licenses,
divorces, and annulments of marriages filed as provided by law.
(b) The department shall authorize by regulation the disclosure
of information contained in vital records for research purposes.
(c) Appeals from decisions of custodians of vital records, as
designated under authority of Code Section 88-1706, who refuse to
disclose information or to permit inspection or copying of records as
prescribed by this Code section and regulations issued under this
Code section shall be made to the state registrar whose decisions shall
be binding upon such custodians.
(d) Information in vital records indicating that a birth occurred
out of wedlock shall not be disclosed except as provided by regulation
or upon the order of a court of competent jurisdiction.
(e) When 100 years have elapsed after the date of birth or 75
years have elapsed after the date of death or application for marriage,
or divorce, dissolution of marriage, or annulment, the records of these
events in the custody of the state registrar shall be transferred to the
State Archives and such information shall be made available in
accordance with regulations which shall provide for the continued
safekeeping of the records.
(f) Official copies of records of deaths, applications for marriages
and marriage certificates, divorces, dissolutions of marriages, and
annulments located in the counties shall remain accessible to the
public.
88-1726. (a) In accordance with Code Section 88-1725 of this
chapter and the regulations adopted pursuant thereto:
GEORGIA LAWS 1982 SESSION
745
(1) The state registrar or local custodian of vital records
appointed by the state registrar to issue certified copies upon
receipt of a written application shall issue a certified copy of a vital
record in that registrars or custodians custody or abstract thereof
to any applicant having a direct and tangible interest in the vital
record, except that certified copies of certificates shall only be
issued to:
(A) The person whose record of birth is registered;
(B) Either parent or guardian of the person whose
record of birth or death is registered;
(C) The living legal spouse or next of kin or the legal
representative or the person who in good faith has applied
and produced a record of such application to become the legal
representative of the person whose record of birth or death is
registered;
(D) The court of competent jurisdiction upon its order
or subpoena; or
(E) Any governmental agency, state or federal, pro-
vided such certificate shall be needed for official purposes.
(2) Each certified copy issued shall show the date of regis-
tration and copies issued from records marked delayed or
amended shall be similarly marked and show the effective date.
The documentary evidence used to establish a delayed certificate
of birth shall be shown on all copies issued. All forms and
procedures used in the issuance of certified copies of vital records
in the state shall be provided or approved by the state registrar.
(b) A certified copy of a vital record or any part thereof, issued in
accordance with subsection (a) of this Code section, shall be consid-
ered for all purposes the same as the original and shall be prima-facie
evidence of the facts stated therein, provided that the evidentiary
value of a certificate or record filed more than one year after the
event, or a record which has been amended, shall be determined by
the judicial or administrative body or official before whom the
certificate is offered as evidence.
746
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) The federal agency responsible for national vital statistics
may be furnished such copies or data from the system of vital records
as it may require for national statistics, provided such federal agency
shares in the cost of collecting, processing, and transmitting such data
and provided further that such data shall not be used for other than
statistical purposes by the federal agency unless so authorized by the
state registrar.
(d) The state registrar may, by agreement, transmit copies of
records and other reports required by this chapter to offices of vital
records outside this state when such records or other reports relate to
residents of those jurisdictions or persons born in those jurisdictions.
The agreement shall require that the copies be used for statistical and
administrative purposes only and the agreement shall further provide
for the retention and disposition of such copies. Copies received by
the department from offices of vital statistics in other states shall be
handled in the same manner as prescribed in this Code section.
(e) No person shall prepare or issue any certificate which pur-
ports to be an original, certified copy or copy of a vital record except
as authorized in this chapter or regulations adopted under this
chapter.
(f) No copies or parts thereof of a vital record shall be repro-
duced or information copies for commercial or speculative purposes.
This subsection shall not apply to published results of research.
88-1727. (a) The department shall prescribe the fees to be paid
for certified copies of certificates or records, for a search of the files or
records, for copies or information provided for research, statistical, or
administrative purposes, or for other services. The fee for each search
or service shall not exceed $10.00 nor shall the fee for a certified copy
of said certificate, record, and certification exceed the total sum of
$10.00.
(b) Fees collected by the department under this Code section
shall be deposited in the general funds of the state.
(c) Fees for copies or searches by local custodians of vital records
shall be retained by them whether the local custodian is paid on a fee
basis, a salary basis, or a combination of both, except in counties
where the local custodian of vital records is an employee of the county
board of health, in which case said fees shall be remitted monthly to
the county health department.
GEORGIA LAWS 1982 SESSION
747
88-1728. (a) Every person in charge of an institution shall keep
a record of personal data concerning each person admitted or con-
fined to such institution. This record shall include such information
as required for the certificates of birth and death and the reports of
spontaneous fetal death and induced termination of pregnancy
required by this chapter. The record shall be made at the time of
admission from information provided by the person being admitted
or confined but, when it cannot be so obtained, the information shall
be obtained from relatives or other persons acquainted with the facts.
The name and address of the person providing the information shall
be a part of the record.
(b) When a dead body or dead fetus is released or disposed of by
an institution, the person in charge of the institution shall keep a
record showing the name of the decedent or parents of the fetus, date
of death, name and address of the person to whom the body or fetus is
released, and the date of removal from the institution. If final
disposition is made by the institution, the date, place, and manner of
disposition shall also be recorded.
(c) A funeral director, embalmer, sexton, or other person who
removes from the place of death, transports, or makes final disposi-
tion of a dead body or fetus, in addition to filing any certificate or
other report required by this chapter or regulations promulgated
hereunder, shall keep a record which shall identify the body and such
information pertaining to receipt, removal, delivery, burial, or crema-
tion of such body as may be required by regulations adopted by the
department.
(d) Records maintained under this Code section shall be
retained for a period of not less than three years and shall be made
available for inspection by the state registrar or the state registrars
representative upon demand.
88-1729. (a) Any person having knowledge or facts concerning
any birth, death, spontaneous fetal death, marriage, induced termina-
tion of pregnancy, divorce, dissolution of marriage, or annulment may
disclose such facts to the state registrar, and such disclosure shall be
absolutely privileged and no cause or action may be brought or
maintained against such person for such disclosure.
(b) Not later than the tenth day of the month following the
month of occurrence, the administrator of each institution shall send
748
GENERAL ACTS AND RESOLUTIONS, VOL. I
to the local vital records registrar a list showing all deaths and fetal
deaths occurring in that institution during the preceding month.
(c) Upon receipt of a death certificate by any local vital records
registration of any person 18 years of age or older, the local registrar
shall notify the board of voting registrars in the county of the
decedents residence of the name and address of such decedent. If the
records of the local registrar reflect that the decedent was a resident
of another or other counties within the five years preceding the
decedents death, the local registrar shall also send such information
to the board of voting registrars of such county or counties.
88-1730. To protect the integrity of vital records and to prevent
the fraudulent use of birth certificates of deceased persons, the state
registrar is authorized to match birth and death certificates, in
accordance with written standards promulgated by the state registrar
to prove beyond a reasonable doubt the fact of death and to post the
facts of death to the appropriate birth certificate and index. Copies
issued from birth certificates marked deceased shall be similarly
marked.
88-1731. (a) A fine of not more than $10,000.00 or impris-
onment of not more than five years, or both, shall be imposed on:
(1) Any person who willfully and knowingly makes any false
statement in a certificate, record, or report required by this
chapter, or in an application for an amendment thereof, or in an
application for a certified copy of a vital record or who willfully
and knowingly supplies false information intending that such
information be used in the preparation of any such report, record,
or certificate, or amendment thereof;
(2) Any person who without lawful authority and with the
intent to deceive makes, counterfeits, alters, amends, or mutilates
any certificate, record, or report required by this chapter or a
certified copy of such certificate, record, or report;
(3) Any person who willfully and knowingly obtains, pos-
sesses, uses, sells, furnishes, or attempts to obtain, possess, use,
sell, or furnish to another, for any purpose of deception, any
certificate, record, or report required by this chapter or certified
copy thereof so made, counterfeited, altered, amended, or muti-
lated or which is false in whole or in part or which relates to the
birth of another person, whether living or deceased;
GEORGIA LAWS 1982 SESSION
749
(4) Any employee of the vital records registration system, or
appointed local registrar or local custodian or special abstracting
agent who willfully and knowingly furnishes or processes a certifi-
cate of birth, or certified copy of a certificate of birth, with the
knowledge or intention that it be used for the purposes of decep-
tion; or
(5) Any person who without lawful authority possesses any
certificate, record, or report required by this chapter or a copy or
certified copy of such certificate, record, or report knowing same
to have been stolen or otherwise unlawfully obtained.
(b) A fine not more than $1,000.00 or imprisonment of not more
than one year, or both, shall be imposed on:
(1) Any person who willfully and knowingly refuses to pro-
vide information required by this chapter or regulations adopted
hereunder;
(2) Any person who willfully and knowingly transports or
accepts for transportation, interment, or other disposition a dead
body without an accompanying permit as provided in this chapter;
(3) Any person who willfully and knowingly neglects or
violates any of the provisions of this chapter or refuses to perform
any of the duties imposed upon such person by this chapter.
88-1732. The department may, by regulation and upon such
conditions as it may prescribe to assure compliance with the purposes
of this chapter, provide for the extension of the periods for the filing
of certificates or reports.
Part 2
Section 2. Title 31 of the Official Code of Georgia Annotated,
relating to health, is amended by striking Chapter 10 thereof and
inserting in its place a new Chapter 10 to read as follows:
CHAPTER 10
31-10-1. As used in this chapter, the term:
(1) Commissioner means the commissioner of human
resources.
750
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Dead body means a human body or such parts of such
human body from the condition of which it reasonably may be
concluded that death recently occurred.
(3) Department means the Department of Human
Resources.
(4) Fetal death means death prior to the complete expul-
sion or extraction from its mother of a product of human concep-
tion, irrespective of the duration of pregnancy; the death is
indicated by the fact that after such expulsion or extraction the
fetus does not breathe or show any other evidence of life such as
beating of the heart, pulsation of the umbilical cord, or definite
movement of voluntary muscles.
(5) File means the presentation of a vital record provided
for in this chapter for registration by the vital records registration
system.
(6) Fined disposition means the burial, interment, crema-
tion, removal from the state, or other authorized disposition of a
dead body or fetus.
(7) Induced termination of pregnancy means the purpose-
ful interruption of pregnancy with the intention other them to
produce a live-born infant or to remove a dead fetus and which
does not result in a live birth.
(8) Institution means any establishment, public or private,
which provides in-patient or out-patient medical, surgical, or
diagnostic care or treatment or nursing, custodied, or domiciliary
ceire, or to which persons are committed by law.
(9) Live birth means the complete expulsion or extraction
from its mother of a product of human conception, irrespective of
the duration of pregnancy, which, after such expulsion or extrac-
tion, breathes, or shows any other evidence of life such as beating
of the heart, pulsation of the umbilical cord, or definite movement
of voluntary muscles, whether or not the umbilical cord has been
cut or the placenta is attached.
GEORGIA LAWS 1982 SESSION
751
(10) Local custodian means the person appointed by the
state registrar to maintain and certify the local records of birth
and death.
(11) Local registrar means the person appointed by the
state registrar to collect and transmit to the department certifi-
cates of birth, death, fetal death, and any other reports required
by this chapter.
(12) Physician means a person authorized or licensed to
practice medicine or osteopathy pursuant to Chapter 34 of Title
43.
(13) Registration means the acceptance by the vital
records registration system and the incorporation of vital records
provided for in this chapter into its official records.
(14) Special abstracting agent means the person appointed
by the state registrar to examine and abstract evidence and submit
such information to the department in order to file delayed
certificates of birth or amend certificates of birth.
(15) Spontaneous fetal death means the expulsion or
extraction of a product of human conception resulting in other
than a live birth and which is not an induced termination of
pregnancy.
(16) State registrar means the person responsible for the
state vital records registration system, including the registration,
collection, preservation, amendment, and certification of vital
records.
(17) Vital records means certificates or reports of birth,
death, marriage, divorce, dissolution of marriage, or annulment
and data related thereto.
(18) Vital records registration system means the registra-
tion, collection, preservation, amendment, and certification of
vital records; the collection of other reports required by this
chapter; and activities related thereto including the tabulation,
analysis, and publication of vital statistics.
752
GENERAL ACTS AND RESOLUTIONS, VOL. I
(19) Vital statistics means the data derived from certifi-
cates and reports of birth, death, spontaneous fetal death, induced
termination of pregnancy, marriage, divorce, dissolution of mar-
riage, or annulment and related reports.
31-10-2. The department shall maintain and operate the states
official vital records registration system. The system shall be in effect
in all areas of the state and shall provide for proper administration of
the system and preservation of its records.
31-10-3. The department is authorized to adopt, amend, and
repeal rules and regulations for the purpose of carrying out the
provisions of this chapter.
31-10-4. The commissioner shall appoint the state registrar of
vital records, hereinafter referred to as state registrar, subject to the
rules and regulations of the State Merit System of Personnel Admin-
istration, classified service.
31-10-5. (a) The state registrar shall:
(1) Administer and enforce the provisions of this chapter
and the rules and regulations issued under this chapter and issue
instructions for the efficient administration of the vital records
registration system;
(2) Direct and supervise the system of vital records and be
custodian of its records;
(3) Direct, supervise, and control the activities of all persons
when they are engaged in activities pertaining to the operation of
the vital records registration system;
(4) Conduct training programs to promote uniformity of
policy and procedures throughout the state in matters pertaining
to the vital records registration system;
(5) Prescribe, furnish, and distribute such forms as are
required by this chapter and the rules and regulations issued
hereunder or prescribe such other means for transmission of data
as will accomplish the purpose of complete and accurate reporting
and registration;
GEORGIA LAWS 1982 SESSION
753
(6) Prepare and publish reports of vital statistics of this
state and such other reports as may be required by the depart-
ment; and
(7) Provide to local health agencies copies of or data derived
from certificates and reports required under this chapter, as the
state registrar shall determine are necessary for local health
planning and program activities. The state registrar shall estab-
lish a schedule with each local health agency for transmittal of the
copies or data. The copies or data shall remain the property of the
department, and the uses which may be made of them shall be
governed by the state registrar.
(b) The state registrar may establish or designate offices in the
state to aid in the efficient administration of the vital records
registration system.
(c) The state registrar may delegate such functions and duties
vested in the state registrar to employees of the vital records registra-
tion system and to employees of any office established or designated
under subsection (b) of this Code section.
31-10-6. (a) The state registrar may appoint a local registrar
and local custodian for each county and a special abstracting agent as
necessary. Appointees must meet the qualifications and perform the
duties required by this chapter and regulations of the department. A
local registrar, subject to the approval of the state registrar, may
appoint a deputy or deputies. A local custodian, subject to the
approval of the state registrar, may appoint a clerk or clerks of
records.
(b) Local registrars shall collect and receive vital records, review
them for accuracy and completeness, and keep and submit other
reports as may be required by the department.
(c) Local custodians shall file, record, and preserve copies of
vital records and issue certified copies provided for by law.
(d) Special abstracting agents shall examine evidence, abstract
evidence onto prescribed forms, and submit such completed forms to
the vital records registration system for the filing of delayed certifi-
cates of birth or the amendment of certificates of live birth.
754
GENERAL ACTS AND RESOLUTIONS, VOL. I
31-10-7. (a) In order to promote and maintain nation-wide
uniformity in the system of vital records, the forms of certificates and
reports required by this chapter, or by regulations adopted here-
under, shall include as a minimum the items recommended by the
federal agency responsible for national vital records and statistics.
(b) Each certificate, report, and other document required by this
chapter shall be on a form or in a format prescribed by the state
registrar.
(c) All vital records shall contain the date received for registra-
tion.
(d) Information required in certificates or reports authorized by
this chapter may be filed and registered by photographic, electronic,
or other means as prescribed by the state registrar.
31-10-8. (a) The state registrar shall certify to the treasurer of
the county each month the number of birth and death certificates and
spontaneous fetal death reports filed with the state office of vital
records with respect to the treasurers county and the amount due.
Upon certification, any fees due shall be paid by the county treasurer
out of the general fund of the county.
(b) Each local registrar shall receive from the county treasurer
the sum of $2.00 for each complete certificate of birth, death, or
spontaneous fetal death report which occurred in that local registrars
county and is personally signed by that local registrar within the time
prescribed by this chapter. A fee of 500 shall be paid for certificates or
reports filed after the limits shown in this chapter except as noted by
regulations adopted by the department.
(c) The local custodian of vital records shall be paid a fee of $1.00
for each birth and death certificate properly recorded and indexed.
Said fee shall be paid from county funds by the county treasurer.
(d) Special abstractors shall be paid a fee of $2.00 for the
complete filing of an abstract of evidence for a delayed certificate of
birth or an amendment to a certificate of live birth which originates in
the abstractors county. Said fee shall be paid from county funds by
the county treasurer.
GEORGIA LAWS 1982 SESSION
755
(e) Notwithstanding any other provision of this Code section, in
counties where the local registrar or local custodian of vital records or
special abstracting agent are employees of the county board of health,
fees payable under this subsection shall be paid to the county health
department monthly.
31-10-9. (a) A certificate of birth for each live birth which
occurs in this state shall be filed with the local registrar of the county
in which the birth occurs within ten days after such birth and filed in
accordance with this Code section and regulations of the department.
(b) - When a birth occurs in an institution, the person in charge of
such institution or that persons designated representative shall
obtain the personal data, prepare the birth certificate, secure the
signatures required for the certificate, and file it with the local
registrar. The physician in attendance shall certify to the facts of
birth and provide the medical information required by the certificate
within 72 hours after the birth occurs.
(c) When a birth occurs outside an institution, the certificate
shall be prepared and filed by one of the following in the indicated
order of priority:
(1) The physician or midwife in attendance at or immedi-
ately after the birth, or in the absence of such person,
(2) Any other person in attendance at or immediately after
the birth, or in the absence of such a person,
(3) The father, the mother, or in the absence of the father
and inability of the mother, the person in charge of the premises
where the birth occurred.
(d) When a birth occurs on a moving conveyance within the
United States and the child is first removed from the conveyance in
this state, the birth shall be registered in this state and the place
where it is first removed shall be considered the place of birth. When
a birth occurs on a moving conveyance while in international waters
or air space or in a foreign country or its air space and the child is first
removed from the conveyance in this state, the birth shall be regis-
tered in this state but the certificate shall show the actual place of
birth insofar as can be determined.
756
GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) The name of the natural father or putative father shall be
entered on the certificate of live birth as follows:
(1) If the mother was married either at the time of concep-
tion or at the time of birth, the name of the husband shall be
entered on the certificate as the father of the child unless pater-
nity has been determined otherwise by a court having jurisdiction,
in which case the name of the father as determined by the court
shall be entered;
(2) If the mother is not married to the father at either the
time of conception or at the time of birth, the name of the putative
father shall not be entered on the certificate of birth without the
written consent of the mother and the person to be named as
father;
(3) In any case in which paternity of a child is determined
by a court of competent jurisdiction, the name of the father and
the surname of the child shall be entered on the certificate of birth
in accordance with the finding and order of the court;
(4) If the father is not named on the certificate of birth, no
other information about the father shall be entered on the certifi-
cate; or
(5) In all other cases, the surname of the child shall be the
legal surname of the mother at the time of the birth.
(f) The birth certificate of a child born to a married woman as a
result of artificial insemination, with consent of her husband, shall be
completed in accordance with the provisions of subsection (e) of Code
Section 31-10-9.
(g) Either of the parents of the child, or other informant, shall
attest to the accuracy of the personal data entered on the certificate in
time to permit the filing of the certificate within the ten days
prescribed in subsection (a) of Code Section 31-10-9.
(h) All birth certificates filed and registered must identify the
recorded person by name, which normally will include the parents
names. No obscenities, numbers, symbols, or other such nonidentify-
ing data will be accepted.
GEORGIA LAWS 1982 SESSION
757
31-10-10. (a) Whoever assumes the custody of a live born
infant of unknown parentage shall report on a form and in a manner
prescribed by the state registrar within ten days to the vital records
registration system the following information:
(1) The date and place of finding;
(2) Sex, color or race, and approximate birth date or age of
child;
(3) Name and address of the person or institution with
whom the child has been placed for care;
(4) Name given to the child by the custodian of the child;
and
(5) Other data required by the state registrar.
(b) The place where the child was found shall be entered as the
place of birth.
(c) A report registered under this Code section shall constitute
the certificate of birth for the child.
(d) If the child is subsequently identified and a certificate of
birth is found or obtained, the report registered under this Code
section shall be placed in a special file and shall not be subject to
inspection except upon order of a court of competent jurisdiction or
as provided by regulation.
31-10-11. (a) When a certificate of birth of a person born in
this state has not been filed within the time period provided in Code
Section 31-10-9, a delayed certificate of birth may be filed in accord-
ance with regulations of the department. The certificate shall be
registered subject to such evidentiary requirements as the depart-
ment shall by regulation prescribe to substantiate the alleged facts of
birth.
(b) Certificates of birth registered one year or more after the
date of birth shall be made on forms prescribed and furnished by the
state registrar, marked Delayed, and shall show on their face the
date of the delayed registration.
758
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) A summary statement of the evidence submitted in support
of the delayed registration shall be endorsed on the delayed certifi-
cate of birth.
(d) When an applicant does not submit the minimum documen-
tation required in the regulations for delayed registration or when the
state registrar has reasonable cause to question the validity or ade-
quacy of the applicants sworn statement or the documentary evi-
dence, and if the deficiencies are not corrected, the state registrar
shall not register the delayed certificate of birth and shall advise the
applicant in writing of the reasons for this action, and shall further
advise the applicant of the applicants right of judicial appeal.
(e) The department may by regulation provide for the dismissal
of an application which is not actively prosecuted.
31-10-12. (a) If a delayed certificate of birth is rejected under
the provisions of Code Section 31-10-11, a petition signed and sworn
to by the petitioner may be filed with a superior court in the county of
residence of the person for whom a delayed certificate of birth is
sought for an order establishing a record of the date and place of the
birth and the parentage of the person whose birth is to be registered
and shall allege:
(1) That the person for whom a delayed certificate of birth
is sought was born in this state;
(2) That no certificate of birth of such person can be found
in the files of the vital records registration system or the office of
any local custodian of vital records;
(3) That diligent efforts by the petitioner have failed to
obtain the evidence required in accordance with Code Section 31-
10-11 and regulations adopted pursuant thereto;
(4) That the state registrar has refused to register a delayed
certificate of birth; and
(5) Such other allegations as may be required.
(b) The petition shall be accompanied by a statement of the
state registrar made in accordance with Code Section 31-10-11 and all
documentary evidence which was submitted to the state registrar in
support of such registration.
GEORGIA LAWS 1982 SESSION
759
(c) The superior court shall fix a time and place for hearing the
petition and shall give the state registrar not less than ten days notice
of said hearing. The state registrar or his authorized representative
may appear and testify in the proceeding.
(d) If the superior court finds, from the evidence presented, that
the person from whom a delayed certificate of birth is sought was so
born in this state, it shall make findings as to the place and date of
birth, parentage, and such other findings as may be required and shall
issue an order, on a form prescribed and furnished by the state
registrar, to establish a delayed certificate of birth. This order shall
include the birth data to be registered, a description of the evidence
presented as prescribed by Code Section 31-10-11 and the date of the
courts action.
(e) The clerk of superior court shall forward each such order to
the state registrar not later than the tenth day of the calendar month
following the month in which it was entered. Such order shall be
registered by the state registrar and shall constitute the certificate of
birth from which certified copies may be issued in accordance with
this chapter.
31-10-13. (a) For each adoption decreed by a court of compe-
tent jurisdiction in this state, the court shall require the preparation
of a report of adoption on a form prescribed and furnished by the
state registrar. The report shall include such facts as are necessary to
locate and identify the original certificate of birth of the person
adopted; shall provide information necessary to establish a new
certificate of birth of the person adopted; and shall identify the order
of adoption and be certified by the clerk of court.
(b) Information necessary to prepare the report of adoption
shall be furnished by each petitioner for adoption or the petitioners
attorney. The appropriate agency or any person having knowledge of
the facts shall supply the court with such additional information as
may be necessary to complete the report. The provision of such
information shall be prerequisite to the issuance of a final decree in
the matter by the court.
(c) Whenever an adoption decree is amended or annulled, the
clerk of the court shall prepare a report thereof, which shall include
such facts as are necessary to identify the original adoption report
and the facts amended in the adoption decree as shall be necessary to
amend the birth record properly.
760
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) Not later than the fifteenth day of each calendar month or
more frequently, as directed by the state registrar, the clerk of the
court shall forward to the state registrar reports of decrees of adop-
tion, annulment of adoption, and amendments of decrees of adoption
which were entered in the preceding month, together with such
related reports as the state registrar shall require.
(e) When the state registrar shall receive a report of adoption,
annulment of adoption, or amendment of a decree of adoption of a
person born outside this state, the state registrar shall forward such
report to the state registrar in the indicated state of birth. If the birth
occurred in a foreign country, the report of adoption shall be returned
to the attorney or agency handling the adoption for submission to the
appropriate federal agency. The state registrar shall establish a
certificate of birth for a person born outside this state when the state
registrar receives a certificate of adoption if neither parent is the
natural parent of the adoptee and when the adoptive parents elect to
show Georgia as the state of birth; provided, however, that the
adoptee is entitled to citizenship by birth. The certificate of adoption
shall specify the place of birth, and a copy of the original birth
certificate shall be provided for the state registrar.
31-10-14. (a) The state registrar shall establish a new certifi-
cate of birth for a person born in this state when the state registrar
receives the following:
(1) A report of adoption as provided in Code Section 31-10-
13 or a report of adoption prepared and filed in accordance with
the laws of another state or foreign country, or a certified copy of
the decree of adoption, together with the information necessary to
identify the original certificate of birth and to establish a new
certificate of birth; or
(2) A request that a new certificate be established as pre-
scribed by regulation and such evidence as required by regulation
proving that such person has been legitimated, or that a court of
competent jurisdiction has determined the paternity of such a
person, or that both parents married to each other have acknowl-
edged the paternity of such person and request that the surname
be changed to that of the father.
(b) When a new certificate of birth is established, the exact date
of birth shall be shown. The true place of birth shall be shown if the
GEORGIA LAWS 1982 SESSION
761
adoptee is the natural child of the spouse of the adoptive parent in the
case of step-parent adoptions. The true place of birth shall be shown
for all legitimations. For full adoptions, where neither parent is the
natural parent of the adoptee, the place of birth shall be, at the
election of the adoptive parents, either the true place of birth of the
adoptee or the residence of the adoptive parents at the time of the
adoptees birth. The place of birth indicated must be located in
Georgia. The new certificate shall be substituted for the original
certificate of birth and the evidence of adoption, legitimation, pater-
nity determination, or paternity acknowledgment shall be sealed and
shall not be subject to inspection except upon order of a court of
competent jurisdiction or as provided by regulation.
(c) Upon receipt of a report of an amended decree of adoption,
the certificate of birth shall be amended as provided by regulation.
(d) Upon receipt of a report or decree of annulment of adoption,
the original certificate of birth shall be restored to its place in the files
and the new certificate and evidence shall not be subject to inspection
except upon order of a court of competent jurisdiction or as provided
by regulation.
(e) If no certificate of birth is on file for the person for whom a
new birth certificate is to be established under this Code section and
the date and place of birth have not been determined in the adoption
or paternity proceedings, a delayed certificate of birth shall be filed
with the state registrar as provided in Code Section 31-10-11 or 31-10-
12 before a new certificate of birth is established. The new birth
certificate shall be prepared on the delayed birth certificate form.
(f) When a new certificate of birth is established by the state
registrar, all copies of the original certificate of birth in the custody of
any other custodian of vital records in this state shall be sealed from
inspection or forwarded to the state registrar, as the state registrar
shall direct.
31-10-15. (a) A certificate of death for each death which occurs
in this state shall be filed with the local registrar of the county in
which the death occurred or the body was found within 72 hours after
the death but prior to the final disposition or removal of the body
from this state as follows:
762
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) If the place of death is unknown but the dead body is
found in this state, the certificate of death shall be completed and
filed in accordance with this Code section. The place where the
body is found shall be shown as the place of death. If the date of
death is unknown, it shall be the date the body was found and the
certificate marked as such; or
(2) When death occurs in a moving conveyance in the
United States and the body is first removed from the conveyance
in this state, the death shall be registered in this state and the
place where it is first removed shall be considered the place of
death. When a death occurs on a moving conveyance while in
international waters or air space or in a foreign country or its air
space and the body is first removed from the conveyance in this
state, the death shall be registered in this state but the certificate
shall show the actual place of death insofar as can be determined.
(b) The funeral director or person acting as such who first
assumes custody of the dead body shall file the certificate of death.
Such director or person shall obtain the personal data from the next
of kin or the best qualified person or source available and shall obtain
the medical certification from the person responsible therefor.
(c) The medical certification as to the cause and circumstances
of death shall be completed, signed, and returned to the funeral
director within 48 hours after death by the physician in charge of the
patients care for the illness or condition which resulted in death,
except when inquiry is required by the Georgia Post-mortem Exami-
nation Act. In the absence of said physician or with that physicians
approval the certificate may be completed and signed by an associate
physician, the chief medical officer of the institution in whiph death
occurred, or the physician who performed an autopsy upon the
decedent, provided such individual has access to the medical history
of the case, views the deceased at or after death, and death is due to
natural causes.
(d) When death occurs without medical attendance as set forth
in subsection (c) of this Code section or when inquiry is required by
the Georgia Post-mortem Examination Act, the proper person shall
investigate the cause of death and shall complete and sign the medical
certification portion of the death certificate within 30 days after being
notified of the death.
GEORGIA LAWS 1982 SESSION
763
(e) If the cause of death cannot be determined within 48 hours
after death, the medical certification shall be completed as provided
by regulation. The attending physician or coroner shall give the
funeral director or person acting as such notice of the reason for the
delay, and final disposition of the body shall not be made until
authorized by the attending physician or coroner.
31-10-16. (a) A person may be pronounced dead by a qualified
physician if it is determined that the individual has sustained either
(1) irreversible cessation of circulatory and respiratory function, or
(2) irreversible cessation of all functions of the entire brain, including
the brain stem.
(b) A person who acts in good faith in accordance with the
provisions of subsection (a) of this Code section shall not be liable for
damages in any civil action or subject to prosecution in any criminal
proceeding for such act.
(c) The criteria for determining death authorized in subsection
(a) of this Code section shall be cumulative to and shall not prohibit
the use of other medically recognized criteria for determining death.
31-10-17. (a) When a death certificate is filed with a local
registrar, it shall be transmitted to the vital records registration
system for state registration within ten days of receipt. After registra-
tion and the assignment of a state file number, an authorized copy of
the death certificate shall be returned to the local custodian. Certi-
fied copies of such death certificates may then be issued from the
authorized copy by the local custodian.
(b) After a death certificate is filed with a local registrar, but
before the death certificate has been registered by the vital records
registration system, the local custodian shall be authorized to issue
copies of the death certificate to be known as a certificate of record.
Each certificate of record shall have printed thereon the following:
This is an exact copy of the death certificate received for filing in
___________County. Such certificate of record shall be signed by the
local custodian and have the correct seal affixed thereto.
31-10-18. (a) A report of spontaneous fetal death for each
spontaneous fetal death which occurs in this state shall be filed with
the local registrar of the county in which the delivery occurred within
72 hours after such delivery in accordance with this Code section
764
GENERAL ACTS AND RESOLUTIONS, VOL. I
unless the place of fetal death is unknown, in which case a fetal death
certificate shall be filed in the county in which the dead fetus was
found within 72 hours after such occurrence. All induced termina-
tions of pregnancy shall be reported in the manner prescribed in Code
Section 31-10-19. Preparation and filing of reports of spontaneous
fetal death shall be as follows:
(1) When a dead fetus is delivered in an institution, the
person in charge of the institution or that persons designated
representative shall prepare and file the report;
(2) When a dead fetus is delivered outside an institution,
the physician in attendance at or immediately after delivery shall
prepare and file the report;
(3) When a spontaneous fetal death required to be reported
by this Code section occurs without medical attendance at or
immediately after the delivery or when inquiry is required by the
Georgia Post-mortem Examination Act, the proper investigating
official shall investigate the cause of fetal death and shall prepare
and file the report within 30 days; and
(4) When a spontaneous fetal death occurs in a moving
conveyance and the fetus is first removed from the conveyance in
this state or when a dead fetus is found in this state and the place
of fetal death is unknown, the fetal death shall be reported in this
state. The place where the fetus was first removed from the
conveyance or the dead fetus was found shall be considered the
place of fetal death.
(b) The medical certification portion of the fetal death report
shall be completed and signed within 48 hours after delivery by the
physician in attendance at or after delivery except when inquiry or
investigation is required by the Georgia Post-mortem Examination
Act.
(c) The name of the father shall be entered on the spontaneous
fetal death report in accordance with the provisions of Code Section
31-10-9.
31-10-19. Each induced termination of pregnancy which occurs
in this state, regardless of the length of gestation or weight, shall be
reported directly to the department within ten days by the person in
GEORGIA LAWS 1982 SESSION
765
charge of the institution or clinic, or designated representative, in
which the induced termination of pregnancy was performed. If the
induced termination of pregnancy was performed outside an institu-
tion or clinic, the attending physician shall prepare and file the report
within the time specified by this Code section.
31-10-20. (a) The funeral director or person acting as such or
person who first assumes custody of a dead body shall, prior to final
disposition of the body, obtain authorization for final disposition of
the body. The physician or coroner when certifying the cause of
death also shall authorize final disposition of the body.
(b) The funeral director, or person acting as such, or other
person who first assumes custody of a dead body or fetus shall obtain
a disposition permit prior to the final disposition or removal from the
state of the body or fetus and within 72 hours after death.
(c) Such disposition permit shall be issued by the local registrar
of the county where a satisfactorily completed certificate of death or
fetal death is filed.
(d) A disposition permit issued under the law of another state
which accompanies a dead body or fetus brought into this state shall
be authority for final disposition of the body or fetus in this state.
(e) Each person in charge of any place for final disposition shall
include in the authorization the date of disposition and shall sign and
return all authorizations to the funeral director or other person within
ten days after the date of disposition. When there is no person in
charge of the place for final disposition, the funeral director or other
person shall endorse the authorization and retain such in that direc-
tors or other persons files.
(f) Prior to final disposition of a dead fetus, irrespective of the
duration of pregnancy, the funeral director or person acting as such,
or other person, the person in charge of the institution, or other
person assuming responsibility for final disposition of the fetus shall
obtain from the parent(s) authorization for final disposition.
(g) Disposition permits shall not be required where disposition
of fetal remains is within the institution of occurrence and a registry
of such events is maintained by the institution.
766
GENERAL ACTS AND RESOLUTIONS, VOL. I
(h) With the consent of the physician or coroner who is to certify
the cause of death, a dead body may be moved from the place of death
for the purpose of being prepared for final disposition.
(i) Authorization for disinterment and reinterment shall be
required prior to disinterment of a dead body or fetus. Such authori-
zation shall be issued by the local registrar to a licensed funeral
director or other person acting as such, upon proper application.
(j) A disinterment-reinterment permit shall be issued by the
local registrar of the county in which the body was originally interred
to a licensed funeral director or to the person acting as such upon
application filed in accordance with the rules and regulations promul-
gated under this Code section.
(k) The department shall prescribe rules and regulations so that
the local registrars may permit hospitals, funeral homes, or others in
their respective counties or in an adjacent or nearby county to issue
permits.
31-10-21. (a) A record of each marriage performed in this state
shall be filed with the department and shall be registered if it has
been completed and filed in accordance with this Code section.
(b) The official who issues the marriage license shall prepare the
record on the form prescribed and furnished by the state registrar
upon the basis of information obtained from both of the parties to be
married.
(c) A person who performs a marriage shall certify the fact of
marriage and return the record to the official who issued tbe license
within ten days after the ceremony. The record shall be completed as
prescribed by regulations of the department.
(d) Every official issuing marriage licenses shall complete and
forward to the department on or before the tenth day of each calendar
month a copy of the applications and marriage licenses returned to
such official during the preceding calendar month.
(e) The official issuing a marriage license shall keep the original
of the application and license for the county records from which the
official may issue certified copies.

GEORGIA LAWS 1982 SESSION 767
(f) In addition to the fee provided by Code Section 15-9-60, the
official shall be entitled to a filing fee of $1.00 to be paid by the
applicant upon application for the marriage license.
31-10-22. (a) A record of each divorce, dissolution of marriage,
or annulment granted by any court of competent jurisdiction in this
state shall be filed by the clerk of the court with the department and
shall be registered if it has been completed and filed in accordance
with this Code section. The record shall be prepared by the petitioner
or the petitioners legal representative on a form prescribed and
furnished by the state registrar and shall be presented to the clerk of
the court with the petition. In all cases, the completed record shall be
prerequisite to the granting of the final decree.
(b) The clerk of the superior court shall complete and forward to
the department on or before the tenth day of each calendar month the
records of each divorce, dissolution of marriage, or annulment decree
granted during the preceding calendar month.
31-10-23. (a) A certificate or report registered under this chap-
ter may be amended in accordance with this chapter and regulations
adopted by the department to protect the integrity and accuracy of
vital records. Such regulations shall specify the minimum evidence
required for a change in any certificate or report. Amendments to
birth and death certificates shall be completed by the department
and a copy mailed to the proper local custodian. Amendments to
applications for a marriage license or the license shall be completed
by the judge of the probate court of the county in which the license
was issued. An amendment to divorce reports shall be completed by
the clerk of the superior court of the county in which the decree was
granted.
(b) A certificate or report that is amended under this Code
section shall be marked amended, except as otherwise provided in
this Code section. The date of amendment and a summary descrip-
tion of the evidence submitted in support of the amendment shall be
endorsed on or made a part of the record. The department shall
prescribe by regulation the conditions under which additions or
minor corrections may be made to certificates or records within one
year after the date of the event without the certificate or record being
marked amended.
768
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) (1) Upon receipt of a certified copy of an order to legitimate
a child, or an affidavit signed by the natural parents whose
marriage had legitimated a child, the director shall register a new
birth certificate if paternity was not shown on the original certifi-
cate. Such certificate shall not be marked amended.
(2) If paternity was shown on the original certificate, the
record can be changed only by an order from the superior court to
remove the name of the person shown on the certificate as the
father and to add the name of the natural father and to show the
child as the legitimate child of person so named. The order must
specify the name to be removed and the name to be added.
(d) Upon receipt of a certified copy of an order from a superior
court, probate court, or other court of competent jurisdiction chang-
ing the name of a person born in this state and upon request of such
person or such persons parents, guardian, or legal representative, the
state registrar shall amend the certificate of birth to show the new
name. When the names of the parent or parents and the child are
changed, the state registrar may register a new certificate if requested
by the parents, guardian, or legal representative. Such new certificate
shall be marked amended.
(e) Upon receipt of a certified copy of a court order indicating
the sex of an individual born in this state has been changed by
surgical procedure and that such individuals name has been changed,
the certificate of birth of such individual shall be amended as
prescribed by regulation.
(f) An order from a superior court or probate court shall be
required to change the year of birth, to correct a delayed birth
certificate, or to remove the name of a father from a birth certificate
on file. The person seeking such change, correction, or removal shall
institute the proceeding by filing a petition with the appropriate
court in the county of residence for an order changing the year of
birth, correcting a delayed birth certificate, or removing the name of
the father from a birth certificate on file. Such petition shall set forth
the reasons therefor and shall be accompanied by all available docu-
mentary evidence. The court shall set a date for hearing the petition
and shall give the state registrar at least ten days notice of said
hearing. The state registrar or the authorized representative thereof
may appear and testify in the proceeding. If the court from the
evidence presented finds that such change, correction, or removal
GEORGIA LAWS 1982 SESSION
769
should be made, the judge shall issue an order setting out the change
to be made and the date of the courts action. The clerk of such court
shall forward the petition and order to the state registrar not later
than the tenth day of the calendar month following the month in
which said order was entered. Such order shall be registered by the
state registrar and the change so ordered shall be made.
(g) When an applicant does not submit the minimum documen-
tation required in the regulations for amending a vital record or when
the state registrar has reasonable cause to question the validity or
adequacy of the applicants sworn statements or the documentary
evidence and if the deficiencies are not corrected, the state registrar
shall not amend the vital record and shall advise the applicant of the
reason for this action and shall further advise the applicant of the
right of judicial appeal.
(h) When a certificate or report is amended under this Code
section, the state registrar shall report the amendment to the proper
local custodian and their record shall be amended accordingly.
31-10-24. (a) The department is responsible for the preserva-
tion or disposition of all vital records at state or county offices. To
preserve vital records, the state registrar is authorized to prepare
typewritten, photographic, electronic, or other reproductions of cer-
tificates or reports in the vital records registration system. Such
reproductions when certified by the state registrar or the local
custodian shall be accepted as the original records for all purposes.
The documents from which permanent reproductions have been
made and verified may be preserved or disposed of as provided by
regulation.
(b) All preserved original or authorized reproductions by the
state and local custodians remain the property of the department.
Such original or authorized reproductions shall be surrendered to the
department when so ordered.
31-10-25. (a) To protect the integrity of vital records, to ensure
their proper use, and to ensure the efficient and proper administra-
tion of the system of vital records, it shall be unlawful for any person
to permit inspection of, or to disclose information contained in vital
records or to copy or issue a copy of all or part of any such record
except as authorized by this chapter and by regulation or by order of a
court of competent jurisdiction. Regulations adopted under this
770
GENERAL ACTS AND RESOLUTIONS, VOL. I
Code section shall provide for adequate standards of security and
confidentiality of vital records. The provisions of this subsection
shall not apply to court records or indexes of marriage licenses,
divorces, and annulments of marriages filed as provided by law.
(b) The department shall authorize by regulation the disclosure
of information contained in vital records for research purposes.
(c) Appeals from decisions of custodians of vital records, as
designated under authority of Code Section 31-10-6, who refuse to
disclose information or to permit inspection or copying of records as
prescribed by this Code section and regulations issued under this
Code section shall be made to the state registrar whose decisions shall
be binding upon such custodians.
(d) Information in vital records indicating that a birth occurred
out of wedlock shall not be disclosed except as provided by regulation
or upon the order of a court of competent jurisdiction.
(e) When 100 years have elapsed after the date of birth or 75
years have elapsed after the date of death or application for marriage,
or divorce, dissolution of marriage, or annulment, the records of these
events in the custody of the state registrar shall be transferred to the
State Archives and such information shall be made available in
accordance with regulations which shall provide for the continued
safekeeping of the records.
(f) Official copies of records of deaths, applications for marriages
and marriage certificates, divorces, dissolutions of marriages, and
annulments located in the counties shall remain accessible to the
public.
31-10-26. (a) In accordance with Code Section 31-10-25 of this
chapter and the regulations adopted pursuant thereto:
(1) The state registrar or local custodian of vital records
appointed by the state registrar to issue certified copies upon
receipt of a written application shall issue a certified copy of a vital
record in that registrars or custodians custody or abstract thereof
to any applicant having a direct and tangible interest in the vital
record, except that certified copies of certificates shall only be
issued to:
GEORGIA LAWS 1982 SESSION
771
(A) The person whose record of birth is registered;
(B) Either parent or guardian of the person whose
record of birth or death is registered;
(C) The living legal spouse or next of kin or the legal
representative or the person who in good faith has applied
and produced a record of such application to become the legal
representative of the person whose record of birth or death is
registered;
(D) The court of competent jurisdiction upon its order
or subpoena; or
(E) Any governmental agency, state or federal, pro-
vided such certificate shall be needed for official purposes.
(2) Each certified copy issued shall show the date of regis-
tration and copies issued from records marked delayed or
amended shall be similarly marked and show the effective date.
The documentary evidence used to establish a delayed certificate
of birth shall be shown on all copies issued. All forms and
procedures used in the issuance of certified copies of vital records
in the state shall be provided or approved by the state registrar.
(b) A certified copy of a vital record or any part thereof, issued in
accordance with subsection (a) of this Code section, shall be consid-
ered for all purposes the same as the original and shall be prima-facie
evidence of the facts stated therein, provided that the evidentiary
value of a certificate or record filed more than one year after the
event, or a record which has been amended, shall be determined by
the judicial or administrative body or official before whom the
certificate is offered as evidence.
(c) The federal agency responsible for national vital statistics
may be furnished such copies or data from the system of vital records
as it may require for national statistics, provided such federal agency
shares in the cost of collecting, processing, and transmitting such data
and provided further that such data shall not be used for other than
statistical purposes by the federal agency unless so authorized by the
state registrar.
772
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) The state registrar may, by agreement, transmit copies of
records and other reports required by this chapter to offices of vital
records outside this state when such records or other reports relate to
residents of those jurisdictions or persons born in those jurisdictions.
The agreement shall require that the copies be used for statistical and
administrative purposes only and the agreement shall further provide
for the retention and disposition of such copies. Copies received by
the department from offices of vital statistics in other states shall be
handled in the same manner as prescribed in this Code section.
(e) No person shall prepare or issue any certificate which pur-
ports to be an original, certified copy or copy of a vital record except
as authorized in this chapter or regulations adopted under tbis
chapter.
(f) No copies or parts thereof of a vital record shall be repro-
duced or information copies for commercial or speculative purposes.
This subsection shall not apply to published results of research.
31-10-27. (a) The department shall prescribe the fees to be
paid for certified copies of certificates or records, for a search of the
files or records, for copies or information provided for research,
statistical, or administrative purposes, or for other services. The fee
for each search or service shall not exceed $10.00 nor shall the fee for a
certified copy of said certificate, record, and certification exceed the
total sum of $10.00.
(b) Fees collected by the department under this Code section
shall be deposited in the general funds of the state.
(c) Fees for copies or searches by local custodians of vital records
shall be retained by them whether the local custodian is paid on a fee
basis, a salary basis, or a combination of both, except in counties
where the local custodian of vital records is an employee of the county
board of health, in which case said fees shall be remitted monthly to
the county health department.
31-10-28. (a) Every person in charge of an institution shall
keep a record of personal data concerning each person admitted or
confined to such institution. This record shall include such informa-
tion as required for the certificates of birth and death and the reports
of spontaneous fetal death and induced termination of pregnancy
required by this chapter. The record shall be made at tbe time of
GEORGIA LAWS 1982 SESSION
773
admission from information provided by the person being admitted
or confined but, when it cannot be so obtained, the information shall
be obtained from relatives or other persons acquainted with the facts.
The name and address of the person providing the information shall
be a part of the record.
(b) When a dead body or dead fetus is released or disposed of by
an institution, the person in charge of the institution shall keep a
record showing the name of the decedent or parents of the fetus, date
of death, name and address of the person to whom the body or fetus is
released, and the date of removal from the institution. If final
disposition is made by the institution, the date, place, and manner of
disposition shall also be recorded.
(c) A funeral director, embalmer, sexton, or other person who
removes from the place of death, transports, or makes final disposi-
tion of a dead body or fetus, in addition to filing any certificate or
other report required by this chapter or regulations promulgated
hereunder, shall keep a record which shall identify the body and such
information pertaining to receipt, removal, delivery, burial, or crema-
tion of such body as may be required by regulations adopted by the
department.
(d) Records maintained under this Code section shall be
retained for a period of not less than three years and shall be made
available for inspection by the state registrar or the state registrars
representative upon demand.
31-10-29. (a) Any person having knowledge or facts concerning
any birth, death, spontaneous fetal death, marriage, induced termina-
tion of pregnancy, divorce, dissolution of marriage, or annulment may
disclose such facts to the state registrar, and such disclosure shall be
absolutely privileged and no cause or action may be brought or
maintained against such person for such disclosure.
(b) Not later than the tenth day of the month following the
month of occurrence, the administrator of each institution shall send
to the local vital records registrar a list showing all deaths and fetal
deaths occurring in that institution during the preceding month.
(c) Upon receipt of a death certificate by any local vital records
registration of any person 18 years of age or older, the local registrar
shall notify the board of voting registrars in the county of the
774
GENERAL ACTS AND RESOLUTIONS, VOL. I
decedents residence of the name and address of such decedent. If the
records of the local registrar reflect that the decedent was a resident
of another or other counties within the five years preceding the
decedents death, the local registrar shall also send such information
to the board of voting registrars of such county or counties.
31-10-30. To protect the integrity of vital records and to prevent
the fraudulent use of birth certificates of deceased persons, the state
registrar is authorized to match birth and death certificates, in
accordance with written standards promulgated by the state registrar
to prove beyond a reasonable doubt the fact of death and to post the
facts of death to the appropriate birth certificate and index. Copies
issued from birth certificates marked deceased shall be similarly
marked.
31-10-31. (a) A fine of not more than $10,000.00 or impris-
onment of not more than five years, or both, shall be imposed on:
(1) Any person who willfully and knowingly makes any false
statement in a certificate, record, or report required by this
chapter, or in an application for an amendment thereof, or in an
application for a certified copy of a vital record or who willfully
and knowingly supplies false information intending that such
information be used in the preparation of any such report, record,
or certificate, or amendment thereof;
(2) Any person who without lawful authority and with the
intent to deceive makes, counterfeits, alters, amends, or mutilates
any certificate, record, or report required by this chapter or a
certified copy of such certificate, record, or report;
(3) Any person who willfully and knowingly obtains, pos-
sesses, uses, sells, furnishes, or attempts to obtain, possess, use,
sell, or furnish to another, for any purpose of deception, any
certificate, record, or report required by this chapter or certified
copy thereof so made, counterfeited, altered, amended, or muti-
lated or which is false in whole or in part or which relates to the
birth of another person, whether living or deceased;
(4) Any employee of the vital records registration system, or
appointed local registrar or local custodian or special abstracting
agent who willfully and knowingly furnishes or processes a certifi-
cate of birth, or certified copy of a certificate of birth, with the
GEORGIA LAWS 1982 SESSION
775
knowledge or intention that it be used for the purposes of decep-
tion; or
(5) Any person who without lawful authority possesses any
certificate, record, or report required by this chapter or a copy or
certified copy of such certificate, record, or report knowing same
to have been stolen or otherwise unlawfully obtained.
(b) A fine not more than $1,000.00 or imprisonment of not more
than one year, or both, shall be imposed on:
(1) Any person who willfully and knowingly refuses to pro-
vide information required by this chapter or regulations adopted
hereunder;
(2) Any person who willfully and knowingly transports or
accepts for transportation, interment, or other disposition a dead
body without an accompanying permit as provided in this chapter;
(3) Any person who willfully and knowingly neglects or
violates any of the provisions of this chapter or refuses to perform
any of the duties imposed upon such person by this chapter.
31-10-32. The department may, by regulation and upon such
conditions as it may prescribe to assure compliance with the purposes
of this chapter, provide for the extension of the periods for the filing
of certificates or reports.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
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
776
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
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
repealed.
Approved April 13,1982.
ADEQUATE PROGRAM FOR EDUCATION IN
GEORGIA ACT AMENDED.
Code Section 20-2-183 Amended.
No. 1217 (House Bill No. 782).
AN ACT
To amend an Act known as the Adequate Program for Education
in Georgia Act, approved March 26,1974 (Ga. L. 1974, p. 1045), as
amended, so as to provide additional requirements relative to the
school lunch program; to amend the Official Code of Georgia Anno-
tated accordingly; to provide effective dates; to provide for specific
repeal; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act known as the Adequate Program for Educa-
tion in Georgia Act, approved March 26,1974 (Ga. L. 1974, p. 1045),
as amended, is amended by adding at the end of Section 22 a new
subsection (c) to read as follows:
GEORGIA LAWS 1982 SESSION
777
(c) (1) The State Board of Education shall establish a system
of allotment of funds to local units of administration in order to
provide for services rendered on a ten-month basis by school food
and nutrition personnel. The amount of funds paid to any local
unit of administration shall be paid in 12 monthly payments and
shall be based upon the number of full-time equivalents needed to
plan, prepare, and serve meals in that local unit of administration
times an annual base payment. The local unit of administration
will determine the salary schedule and personnel policies in
accordance with paragraph (3) of this subsection. For each school
food manager, the local unit of administration shall earn the base
payment in addition to an amount not to exceed $100.00 per
month.
(2) For the first year in which funds are appropriated for
this purpose, the base payment shall be calculated on the basis of
an annual number of hours (190 days x 8 hours) for a full-time
equivalent times an amount not less than one-third of the federal
minimum wage in effect as of January 1 of the preceding year.
Future annual increases in the base payment shall reflect the same
percentage increase provided by the state for professional certifi-
cated personnel. The State Board of Education shall annually
establish a state performance standard and shall determine the
number of full-time equivalents needed to plan, prepare, and
serve meals based on the state performance standard and the
average daily number of student lunches served during the pre-
ceding school year.
(3) The local unit of administration shall establish a staffing
pattern and determine the number of personnel to employ. Local
units of administration shall establish the salary schedule for
school food and nutrition personnel and shall use base payments
to help finance the locally established salary schedule.
Part 2
Section 2. Code Section 20-2-183 of the Official Code of Georgia
Annotated, relating to funding food services under the Adequate
Program for Education in Georgia Act, is amended by adding at the
end thereof a new subsection (c) to read as follows:
(c) (1) The State Board of Education shall establish a system
of allotment of funds to local units of administration in order to
778
GENERAL ACTS AND RESOLUTIONS, VOL. I
provide for services rendered on a ten-month basis by school food
and nutrition personnel. The amount of funds paid to any local
unit of administration shall be paid in 12 monthly payments and
shall be based upon the number of full-time equivalents needed to
plan, prepare, and serve meals in that local unit of administration
times an annual base payment. The local unit of administration
will determine the salary schedule and personnel policies in
accordance with paragraph (3) of this subsection. For each school
food manager, the local unit of administration shall earn the base
payment in addition to an amount not to exceed $100.00 per
month.
(2) For the first year in which funds are appropriated for
this purpose, the base payment shall be calculated on the basis of
an annual number of hours (190 days x 8 hours) for a full-time
equivalent times an amount not less than one-third of the federal
minimum wage in effect as of the January 1 of the preceding year.
Future annual increases in the base payment shall reflect the same
percentage increase provided by the state for professional certifi-
cated personnel. The State Board of Education shall annually
establish a state performance standard and shall determine the
number of full-time equivalents needed to plan, prepare, and
serve meals based on the state performance standard and the
average daily number of student lunches served during the pre-
ceding school year.
(3) The local unit of administration shall establish a staffing
pattern and determine the number of personnel to employ. Local
units of administration shall establish the salary schedule for
school food and nutrition personnel and shall use bape payments
to help finance the locally established salary schedule.i
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
779
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GRAND JURIES ELECTED OFFICIALS
INELIGIBLE TO SERVE.
Code Sections 59-201, 15-12-60 Amended.
No. 1218 (House Bill No. 823).
AN ACT
To amend Code Chapter 59-2, relating to grand juries in general,
as amended, particularly by an Act approved March 11,1977 (Ga. L.
1977, p. 341), so as to provide that all elected officers and officials
shall be ineligible to serve on grand juries while holding elective office
and for two years thereafter; to provide for all related matters; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 59-2, relating to grand juries in general,
as amended, particularly by an Act approved March 11,1977 (Ga. L.
1977, p. 341), is amended by striking Code Section 59-201, relating to
qualifications, which reads as follows:
59-201. Qualifications of grand jurors; incompetency of certain
public officers to serve. All citizens of this State, 18 years of age or
older, being neither idiots, lunatics, nor insane, who have resided in
the county for six months preceding the time of serving, and who are
the most experienced, intelligent, and upright persons, are qualified,
and liable to serve as grand jurors, unless exempted by law: Provided,
780
GENERAL ACTS AND RESOLUTIONS, VOL. I
however, that all elected public officers and officials, county commis-
sioners, tax receivers, tax collectors, members of the county board of
education, county school commissioners, judges of the probate courts,
and county treasurers shall be incompetent to serve as grand jurors
during their respective terms of office. Provided further, however,
that persons who have been convicted of a felony, and who remain
unpardoned or whose civil rights have not been restored are incompe-
tent to serve as grand jurors.,
and inserting in its place a new Code Section 59-201 to read as follows:
59-201. Qualifications, (a) Except as provided in subsection (b),
all citizens of this state 18 years of age or older who are neither idiots,
lunatics, or insane, who have resided in the county for six months
preceding the time of service, and who are the most experienced,
upright, and intelligent persons are qualified and liable to serve as
grand jurors unless exempted by law.
(b) The following persons are incompetent to serve as grand
jurors:
(1) Any person who holds any elective office in state or local
government or who has held any such office within a period of two
years preceding the time of service as a grand juror; and
(2) Any person who has been convicted of a felony and who
has not been pardoned or had his or her civil rights restored.
Part 2
Section 2. Part 1 of Article 4 of Chapter 12 of Title 15 of the
Official Code of Georgia Annotated, relating to grand juries in gen-
eral, is amended by striking Code Section 15-12-60 which reads as
follows:
15-12-60. All citizens of this state, 18 years of age or older, who
are not incompetent because of mental illness or mental retardation,
who have resided in the county for six months preceding the time of
serving, and who are the most experienced, intelligent, and upright
persons are qualified and liable to serve as grand jurors unless
exempted by law; provided, however, that all elected public officers
and officials, county commissioners, tax receivers, tax collectors,
members of the county board of education, county school commis-
GEORGIA LAWS 1982 SESSION
781
sioners, judges of the probate courts, and county treasurers shall be
incompetent to serve as grand jurors during their respective terms of
office; and provided, further, that persons who have been convicted of
a felony who remain unpardoned or whose civil rights have not been
restored are incompetent to serve as grand jurors.,
and inserting in its place a new Code section to read as follows:
15-12-60. (a) Except as provided in subsection (b) of this
Code section, all citizens of this state 18 years of age or older who are
neither idiots, lunatics, or insane, who have resided in the county for
six months preceding the time of service, and who are the most
experienced, upright, and intelligent persons are qualified and liable
to serve as grand jurors unless exempted by law.
(b) The following persons are incompetent to serve as grand
jurors:
(1) Any person who holds any elective office in state or local
government or who has held any such office within a period of two
years preceding the time of service as a grand juror; and
(2) Any person who has been convicted of a felony and who
has not been pardoned or had his or her civil rights restored.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
782
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
EFFECTIVE DATE OF ACT PROVIDING FOR
TREATMENT OF ALCOHOLISM, ETC.
Code Section 37-8-53 Amended.
No. 1219 (House Bill No. 870).
AN ACT
To amend an Act providing for the comprehensive treatment of
alcoholism and intoxication, approved March 18,1974 (Ga. L. 1974, p.
200), as amended, particularly by an Act approved April 13,1981 (Ga.
L. 1981, p. 1433), so as to change the effective date of that Act; to
amend Chapter 8 of Title 37 of the Official Code of Georgia Anno-
tated, which chapter relates to treatment of alcoholics and intoxi-
cated persons, so as to delay the effective date of certain articles in
that chapter; to provide for effective dates and automatic repeal of
certain provisions of this Act; to repeal conflicting laws; and for other
purposes.
1
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act providing for the comprehensive treatment of
alcoholism and intoxication, approved March 18,1974 (Ga. L. 1974, p.
200), as amended, particularly by an Act approved April 13,1981 (Ga.
L. 1981, p. 1433), is amended by striking Section 23 in its entirety and
inserting in its place a new Section 23 to read as follows:
Section 23. This Act shall become effective July 1,1983.
GEORGIA LAWS 1982 SESSION
783
Part 2
Section 2. Chapter 8 of Title 37 of the Official Code of Georgia
Annotated, which chapter relates to treatment of alcoholics and
intoxicated persons, is amended by adding at the end thereof a new
Article 4 to read as follows:
Article 4
37-8-53. Articles 1, 2, and 3 of this Chapter 8 shall not become
effective until July 1, 1983; notwithstanding Code Section 1-1-9,
relating to the effective date of the Official Code of Georgia Anno-
tated.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
784
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA CIVIL PRACTICE ACT AMENDED
EFFECT OF DISMISSAL.
Code Section 9-11-41 Amended.
No. 1220 (House Bill No. 883).
AN ACT
To amend the Georgia Civil Practice Act, approved March 18,
1966 (Ga. Laws 1966, p. 609), as amended, so as to change the effect of
a dismissal for failure of the plaintiff to prosecute; to provide for
related matters; to amend the Official Code of Georgia Annotated; to
provide effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. The Georgia Civil Practice Act, approved March
18,1966 (Ga. Laws 1966, p. 609), as amended, is hereby amended by
striking the last sentence of subsection (b) of Section 41 and inserting
in lieu thereof the following:
The effect of dismissals shall be as follows: (1) A dismissal for
failure of the plaintiff to prosecute does not operate as an adjudica-
tion upon the merits; and (2) Any other dismissal under this
subsection and any dismissal not provided for in this rule, other than
a dismissal for lack of jurisdiction or for improper venue or fqr lack of
an indispensable party, does operate as an adjudication upon the
merits unless the court in its order for dismissal specifies otherwise.,
so that when so amended said subsection (b) shall read as follows:
(b) Involuntary Dismissal: Effect Thereof. For failure of the
plaintiff to prosecute or to comply with these rules or any order of
court, a defendant may move for dismissal of an action or of any claim
against him. After the plaintiff, in an action tried by the court
without a jury, has completed the presentation of his evidence, the
defendant, without waiving his right to offer evidence in the event the
motion is not granted, may move for dismissal on the ground that
upon the facts and the law the plaintiff has shown no right to relief.
GEORGIA LAWS 1982 SESSION
785
The court as trier of the facts may then determine them and render
judgment against the plaintiff or may decline to render any judgment
until the close of all the evidence. The effect of dismissals shall be as
follows: (1) A dismissal for failure of the plaintiff to prosecute does
not operate as an adjudication upon the merits; and (2) Any other
dismissal under this subsection and any dismissal not provided for in
this section, other than a dismissal for lack of jurisdiction or for
improper venue or for lack of an indispensable party, does operate as
an adjudication upon the merits unless the court in its order for
dismissal specifies otherwise.
Part 2
Section 2. Code Section 9-11-41, relating to dismissal of civil
actions, is amended by replacing subsection (b) with a new subsection
to read as follows:
(b) For failure of the plaintiff to prosecute or to comply with
this chapter or any order of court, a defendant may move for dismissal
of an action or of any claim against him. After the plaintiff, in an
action tried by the court without a jury, has completed the presenta-
tion of his evidence, the defendant, without waiving his right to offer
evidence in the event the motion is not granted, may move for
dismissal on the ground that upon the facts and the law the plaintiff
has shown no right to relief. The court as trier of the facts may then
determine the facts and render judgment against the plaintiff or may
decline to render any judgment until the close of all the evidence. The
effect of dismissals shall be as follows: (1) A dismissal for failure of
the plaintiff to prosecute does not operate as an adjudication upon
the merits; and (2) Any other dismissal under this subsection and
any dismissed not provided for in this Code section, other than a
dismissal for lack of jurisdiction or for improper venue or for lack of
an indispensable party, does operate as an adjudication upon the
merits unless the court in its order for dismissal specifies otherwise.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
786
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
HABEAS CORPUS RELIEF FROM COURT
SENTENCES.
Code Sections 50-127, 9-14-42, 9-14-48
Amended.
No. 1221 (House Bill No. 931).
AN ACT
To amend Code Section 50-127, relating to procedures for habeas
corpus relief from court sentences, as amended, particularly by an Act
approved April 24, 1975 (Ga. L. 1975, p. 1143), so as to change
provisions relating to grounds for the writ and waiver of rights and the
effect of waiver on habeas corpus proceedings; to provide for all
related matters; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 50-127, relating to procedures for
habeas corpus relief from court sentences, as amended, particularly
by an Act approved April 24,1975 (Ga. L. 1975, p. 1143), is amended
by striking paragraph (1) and inserting in its place a new paragraph
(1) to read as follows:
GEORGIA LAWS 1982 SESSION
787
(1) Grounds for Writ. Any person imprisoned by virtue of a
sentence imposed by a State court of record who asserts that in the
proceedings which resulted in his conviction there was a substantial
denial of his rights under the Constitution of the United States or of
the State of Georgia may institute a proceeding under this Section.
The right to object to the composition of the grand or traverse jury
will be deemed waived under this section, unless the person challeng-
ing the sentence shows in the petition and satisfies the court that
cause exists for his being allowed to pursue the objection after the
conviction and sentence has otherwise become final.
Section 2. Said Code Section 50-127 is further amended by
striking subparagraph (d) of paragraph (7), which reads as follows:
(d) If the court finds in favor of the petitioner, it shall enter an
appropriate order with respect to the judgment or sentence chal-
lenged in the proceeding and such supplementary orders as to rear-
raignment, retrial, custody, or discharge as may be necessary and
proper. In all cases the court shall dispose of the matter as law and
justice require.,
and inserting in its place a new subparagraph (d) of paragraph (7) to
read as follows:
(d) The court shall review the trial record and transcript of
proceedings and consider whether the petitioner made timely motion
or objection or otherwise complied with Georgia procedural rules at
trial and on appeal; and absent a showing of cause for noncompliance
with such requirement, and of actual prejudice, habeas corpus relief
shall not be granted. In all cases habeas corpus relief shall be granted
to avoid a miscarriage of justice. If the court finds in favor of the
petitioner, it shall enter an appropriate order with respect to the
judgment or sentence challenged in the proceeding and such supple-
mentary orders as to rearraignment, retrial, custody, or discharge as
may be necessary and proper.
Part 2
Section 3. Article 2 of Chapter 14 of Title 9 of the Official Code
of Georgia Annotated, relating to habeas corpus procedures for
persons under court sentence, is amended by striking Code Section 9-
14-42 and inserting in its place a new Code section to read as follows:
788
GENERAL ACTS AND RESOLUTIONS, VOL. I
9-14-42. (a) Any person imprisoned by virtue of a sentence
imposed by a state court of record who asserts that in the proceedings
which resulted in his conviction there was a substantial denial of his
rights under the Constitution of the United States or of this state may
institute a proceeding under this article.
(b) The right to object to the composition of the grand or trial
jury will be deemed waived under this Code section unless the person
challenging the sentence shows in the petition and satisfies the court
that cause exists for his being allowed to pursue the objection after
the conviction and sentence has otherwise become final.
Section 4. Said article is further amended by striking subsection
(d) of Code Section 9-14-48 which reads as follows:
(d) If the court finds in favor of the petitioner, it shall enter an
appropriate order with respect to the judgment or sentence chal-
lenged in the proceeding and shall enter such supplementary orders
as to rearraignment, retrial, custody, or discharge as may be necessary
and proper. In all cases, the court shall dispose of the matter as law
and justice require.,
and inserting in its place a new subsection to read as follows:
(d) The court shall review the trial record and transcript of
proceedings and consider whether the petitioner made timely motion
or objection or otherwise complied with Georgia procedural rules at
trial and on appeal; and absent a showing of cause for noncompliance
with such requirement, and of actual prejudice, habeas corpus relief
shall not be granted. In all cases habeas corpus relief shall be granted
to avoid a miscarriage of justice. If the court finds in favor of the
petitioner, it shall enter an appropriate order with respect to the
judgment or sentence challenged in the proceeding and such supple-
mentary orders as to rearraignment, retrial, custody, or discharge as
may be necessary and proper.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
GEORGIA LAWS 1982 SESSION
789
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
(d) The provisions of this Act shall not be applied to any habeas
corpus petition filed prior to January 1,1983.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
CRIMINAL CODE AMENDED CONCEALED
WEAPONS, ETC.
Code Sections 26-2907, 16-11-130 Amended.
No. 1222 (House Bill No. 1153).
AN ACT
To amend Code Section 26-2907, relating to exemptions from the
provisions of Code Section 26-2901, relating to carrying a concealed
weapon, Code Section 26-2902, relating to the carrying of deadly
weapons at public gatherings, Code Section 26-2903, relating to
carrying pistols without licenses, and Code Section 26-2906, relating
to machine guns, as amended, so as to provide additional exemptions
in Code Section 26-2907 for probation supervisors and public safety
directors of municipal corporations; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to provide
for automatic repeal of certain provisions of this Act; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
790
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 1
Section 1. Code Section 26-2907, relating to exemptions from
the provisions of Code Section 26-2901, relating to carrying a con-
cealed weapon, Code Section 26-2902, relating to the carrying of
deadly weapons at public gatherings, Code Section 26-2903, relating
to carrying pistols without licenses, and Code Section 26-2906, relat-
ing to machine guns, as amended, is amended to read as follows:
26-2907. Exemptions. Sections 26-2901, 26-2902, 26-2903, and
26-2906 shall not apply to or affect any of the following persons while
engaged in pursuit of official duty or when authorized by Federal or
State law, regulations or order: (1) peace officers; (2) wardens,
superintendents, and keepers of prisons, penitentiaries, jails, or other
institutions for the detention of persons accused or convicted of an
offense; (3) persons in the military service of the State or of the
United States; (4) persons employed in fulfilling defense contracts
with the government of the United States or agencies thereof when
possession of the weapon is necessary for manufacture, transport,
installation, and testing under the requirements of such contract; (5)
district attorneys, investigators employed by and assigned to a dis-
trict attorneys office, and assistant district attorneys; (6) those
employees of the State Board of Pardons and Paroles when specifi-
cally designated and authorized in writing by the members of the
State Board of Pardons and Paroles to carry a weapon; (7) the
Attorney General and those members of his staff whom he specifically
authorizes in writing to carry a weapon; (8) probation supervisors
employed by and under the authority of the Department of Offender
Rehabilitation pursuant to the State-wide Probation Act when
specifically designated and authorized in writing by the Director of
Division of Probation; and (9) public safety directors of municipal
corporations.
A prosecution based upon a violation of Sections 26-2901,26-2902,
26-2903, or 26-2906 need not negative any exemptions.
Part 2
Section 2. Code Section 16-11-130 of the Official Code of
Georgia Annotated, relating to exemptions from Code Sections 16-11-
126 through 16-11-128, relating to firearms and weapons, is amended
by striking subsection (a) in its entirety and inserting in lieu thereof a
new subsection (a) to read as follows:
GEORGIA LAWS 1982 SESSION
791
(a) Code Sections 16-11-126 through 16-11-128 shall not apply
to or affect any of the following persons while engaged in pursuit of
official duty or when authorized by federal or state law, regulations,
or order:
(1) Peace officers;
(2) Wardens, superintendents, and keepers of correctional
institutions, jails, or other institutions for the detention of persons
accused or convicted of an offense;
(3) Persons in the military service of the state or of the
United States;
(4) Persons employed in fulfilling defense contracts with
the government of the United States or agencies thereof when
possession of the weapon is necessary for manufacture, transport,
installation, and testing under the requirements of such contract;
(5) District attorneys, investigators employed by and
assigned to a district attorneys office, and assistant district
attorneys;
(6) Those employees of the State Board of Pardons and
Paroles when specifically designated and authorized in writing by
the members of the State Board of Pardons and Paroles to carry a
weapon;
(7) The Attorney General and those members of his staff
whom he specifically authorizes in writing to carry a weapon;
(8) Probation supervisors employed by and under the
authority of the Department of Offender Rehabilitation pursuant
to the State-wide Probation Act when specifically designated
and authorized in writing by the Director of Division of Probation;
and
(9) Public safety directors of municipal corporations.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
792
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
REPORTS OF ARSON, ETC. TO STATE
FIRE MARSHAL.
Code Section 25-2-33.1 Enacted.
No. 1223 (House Bill No. 1157).
AN ACT
To amend Chapter 2 of Title 25 of the Official Code of Georgia
Annotated, relating to the regulation of fire and other hazards to
persons and property, so as to require fire departments to make
certain reports of incidents or suspected incidents of arson; to require
local law enforcement agencies to make such reports under certain
circumstances; to require notification prior to the payment of certain
insurance claims relating to reported incidents or suspected incidents
of arson; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 2 of Title 25 of the Official Code of Georgia
Annotated, relating to the regulation of fire and other hazards to
persons and property, is amended by adding between Code Sections
25-2-33 and 25-2-34 a new Code Section 25-2-33.1 to read as follows:
GEORGIA LAWS 1982 SESSION
793
25-2-33.1. (a) The fire department of each county and munici-
pality and any other organized fire department operating within this
state shall report every incident or suspected incident of arson to the
local law enforcement agency, the state fire marshal, and every
insurance company with a known pecuniary interest in the cause of
the fire in which arson is involved or suspected to be involved. In any
local jurisdiction where an organized fire department is not operating,
the local law enforcement agency investigating a fire shall make the
reports required by this Code section. Such reports shall be made on
forms provided for that purpose by the state fire marshal.
(b) Any insurance company which has received a report of an
incident or suspected incident of arson under subsection (a) of this
Code section shall not pay any claim relating thereto prior to notify-
ing in writing the state fire marshal and local fire department of the
date the claim is to be paid.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
DISTRIBUTION OF OFFICIAL CODE OF GEORGIA.
No. 1224 (House Bill No. 1162).
AN ACT
To provide for the distribution of state copies of the Official Code
of Georgia Annotated; to provide responsibility for upkeep and
supplementation; to designate the copies as property of the state; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
794
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Pursuant to a contract between the state, through the
Code Revision Commission, and the Michie Company of
Charlottesville, Virginia, the state shall receive 500 sets of the Official
Code of Georgia Annotated. This Act shall provide for distribution of
the sets.
Section 2. The sets of the Official Code of Georgia Annotated
shall be distributed as follows:
Distributee Sets
General Assembly and Legislative Counsel.................40
Supreme Court..................;..............................12
Court of Appeals....................................... 27
Superior Court Judges...................................124
District Attorneys..................................... 44
Law Department (including state law library).............24
Administrative Office of the Courts.......................1
Prosecuting Attorneys Council........................... 2
Governor......................................................8
Department of Administrative Services.....................1
Department of Agriculture.................................3
Department of Audits and Accounts........................ 3
Department of Banking and Finance.........................3
Georgia Building Authority................................1
Department of Community Affairs......................... 1
Comptroller General..................................... 3
Consumers Utility Counsel............................ 1
Department of Defense.....................................8
Department of Education...................................Lt..2
Georgia Forestry Commission............................. 1
Georgia Bureau of Investigation..................... 1
Georgia Student Finance Commission............................1
Department of Human Resources.............................4
Department of Industry and Trade......................... 1
Department of Labor................................. 4
Department of Medical Assistance..........................1
Merit System of Personnel Administration..................1
Department of Natural Resources.......i/sisv'.-...............3
Department of Offender Rehabilitation.....................3
Department of Public Safety...............................5
Public Service Commission................................11
GEORGIA LAWS 1982 SESSION
795
Board of Regents of the University
System of Georgia........................................2
Department of Revenue.....................................21
Secretary of State........................................10
State Board of Pardons and Paroles.........................1
Department of Transportation...............................5
Department of Veterans Service.............................1
State Board of Workers Compensation......................10
One set for each two state-paid assistant
district attorneys......................................53
One set for the library of each unit of the
University System of Georgia............................33
All remaining sets shall be divided evenly between the law schools
of the University of Georgia and Georgia State University.
Section 3. The sets of books shall remain the property of the
state. If a distributee is a state official, upon leaving office he shall
deliver the set to his successor in office.
Section 4. Distributees shall be responsible for any needed
upkeep and supplementation of the sets.
Section 5. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
796
GENERAL ACTS AND RESOLUTIONS, VOL. I
GUARDIAN AND WARD APPOINTMENT, ETC.
OF GUARDIANS AD LITEM.
Code Chapter 49-6, Code Title 29 -
Chapter 5 Amended.
No. 1225 (House Bill No. 1179).
AN ACT
To amend Code Chapter 49-6, relating to guardians for incapaci-
tated adults, so as to provide that the guardian ad litem of a person
alleged to be incompetent may also be the attorney appointed for the
alleged incompetent; to provide for fees for service as such guardian
ad litem and attorney; to amend the Official Code of Georgia Anno-
tated accordingly; to provide for related matters; to provide effective
dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 49-6, relating to guardians for incapaci-
tated adults, is amended by striking paragraph (2)(D) of subsection
(b) of Code Section 49-606 and inserting in its place a new paragraph
(2)(D) to read as follows:
(D) Upon application of any interested person or on the courts
own motion, consider whether to appoint a guardian ad litem; but the
decision as to whether to appoint a guardian ad litem shall be in the
sole discretion of the probate judge. The guardian ad litem, if an
attorney, may also be appointed as counsel for the proposed ward, as
provided in subparagraph (B) of this paragraph; and in such a case
the person so appointed may be compensated both as the attorney
and as the guardian ad litem, as provided in subsections (e) and (f) of
Code Section 49-613;.
Section 2. Said Code chapter is further amended by striking
subsection (e) of Code Section 49-613 and inserting new subsections
(e) and (f) to read as follows:
(e) For any hearing under the provisions of this chapter, the
sum to be paid to an attorney appointed to represent an allegedly
GEORGIA LAWS 1982 SESSION
797
incapacitated person shall not exceed $25.00 and actual expenses. In
exceptional circumstances, the attorney may apply to the superior
court of the judicial circuit in which the hearing was held for an order
granting reasonable fees in excess of the amount specified herein. If
the attorney also serves as guardian ad litem he shall also receive for
his services as such the fee specified in subsection (f) of this Code
section.
(f) The guardian ad litem shall receive for each day he serves as
such the same fee as is paid to witnesses for each day in attendance at
superior court.
Part 2
Section 3. Chapter 5 of Title 29 of the Official Code of Georgia
Annotated, relating to guardians for incapacitated adults is amended
by striking paragraph (2)(D) of subsection (b) of Code Section 29-5-6
and inserting in its place a new paragraph (2)(D) to read as follows:
(D) Upon application of any interested person or on the courts
own motion, consider whether to appoint a guardian ad litem, pro-
vided that the decision as to whether to appoint a guardian ad litem
shall be in the sole discretion of the judge of the probate court. The
guardian ad litem, if an attorney, may also be appointed as counsel for
the proposed ward, as provided in subparagraph (B) of this para-
graph; and in such a case the person so appointed may be compen-
sated both as the attorney and as the guardian ad litem, as provided
in subsections (e) and (f) of Code Section 29-5-13; and.
Section 4. Said chapter is further amended by striking subsec-
tion (e) of Code Section 29-5-13 and inserting new subsections (e) and
(f) to read as follows:
(e) For any hearing under this chapter, the sum to be paid to an
attorney appointed to represent an allegedly incapacitated person
shall not exceed $25.00 and actual expenses. In exceptional circum-
stances, the attorney may apply to the superior court of the judicial
circuit in which the hearing was held for an order granting reasonable
fees in excess of the amount specified in this subsection. If the
attorney also serves as guardian ad litem he shall also receive for his
services as such the fee specified in subsection (f) of this Code section.
798
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) The guardian ad litem shall receive for each day he serves as
such the same fee as is paid to witnesses for each day in attendance at
superior court.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
ACT REGULATING PRACTICE OF PROFESSIONAL
SANITARIANS AMENDED.
Code Section 43-42-5.1 Enacted.
No. 1226 (House Bill No. 1189).
AN ACT
To amend an Act regulating the practice of professional sanitari-
ans, approved March 7, 1957 (Ga. L. 1957, p. 219), as amended,
particularly by an Act approved April 2,1980 (Ga. L. 1980, p. 1459), so
as to provide for the licensure as registered professional sanitarians of
certain persons who do not meet the requirements for licensure under
certain conditions; to amend Chapter 42 of Title 43 of the Official
Code of Georgia Annotated, which chapter relates to registered
GEORGIA LAWS 1982 SESSION
799
professional sanitarians, so as to provide for the same changes
described above; to provide for effective dates and automatic repeal;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act regulating the practice of professional sanitar-
ians, approved March 7, 1957 (Ga. L. 1957, p. 219), as amended,
particularly by an Act approved April 2,1980 (Ga. L. 1980, p. 1459), is
amended by adding immediately before Section 3 thereof a new
Section 2A to read as follows:
Section 2A. A person who does not meet the requirements for
licensure under this Act but who had been employed as a sanitarian
for at least 12 years prior to July 1,1977, and who makes application
for licensure as a sanitarian before July 1, 1982, may be granted a
license as a registered professional sanitarian if he pays the required
fees.
Part 2
Section 2. Chapter 42 of Title 43 of the Official Code of Georgia
Annotated, which chapter relates to registered professional sanitari-
ans, is amended by adding immediately after Code Section 43-42-5 a
new Code Section 43-42-5.1 to read as follows:
43-42-5.1. A person who does not meet the requirements for
licensure under this chapter but who had been employed as a sanitar-
ian for at least 12 years prior to July 1, 1977, and who makes
application for licensure as a sanitarian before July 1, 1982, may be
granted a license as a registered professional sanitarian if he pays the
required fees.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
800
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
JURIES OATH ON VOIR DIRE.
Code Sections 59-704.1, 15-12-132 Amended.
No. 1227 (House Bill No. 1192).
AN ACT
To amend Code Section 59-704.1, relating to the oath of juries on
voir dire, so as to provide that the oath may be administered by the
judge or the clerk; to amend Code Section 15-12-132 of the Official
Code of Georgia Annotated, relating to the oath of jurors on voir dire,
so as to provide for the same change described above; to provide
effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part I
Section 1. Code Section 59-704.1, relating to the oath of juries on
voir dire, is hereby amended by adding after the word judge the
following:
or the clerk of court,
so that when so amended said Code section shall read as follows:
59-704.1. Oath of jury for voir dire. Each panel, prior to
commencing voir dire, shall take the following oath: You shall give
GEORGIA LAWS 1982 SESSION
801
true answers to all questions as may be asked by the court or its
authority, including all questions asked by the parties or their attor-
neys, concerning your qualifications as jurors in the case of
___________(herein state the case). So help you God.
This oath shall be administered by the trial judge or the clerk of
court.
Part II
Section 2. Code Section 15-12-132 of the Official Code of
Georgia Annotated, relating to the oath of jurors on voir dire, is
hereby amended by adding after the word judge the following:
or the clerk of court,
so that when so amended said Code section shall read as follows:
15-12-132. Each panel, prior to commencing voir dire, shall take
the following oath:
You shall give true answers to all questions as may be asked
by the court or its authority, including all questions asked by the
parties or their attorneys, concerning your qualifications as jurors
in the case of____________(herein state the case). So help you
God.
This oath shall be administered by the trial judge or the clerk
of court.
Part III
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its otherwise becoming law without his approval.
(b) Part I of this Act shall be repealed effective November 1,
1982.
(c) Part II of this Act shall become effective November 1,1982.
802
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 13,1982.
GEORGIA INSURANCE CODE AMENDED
PAYMENTS TO THIRD PARTIES, ETC.
Code Sections 56-407B, 33-7-11.1 Enacted.
No. 1228 (House Bill No. 127).
AN ACT
To amend Code Chapter 56-4, relating to kinds of insurance, as
amended, so as to define certain terms; to provide for the time at
which benefits for loss of use of a motor vehicle shall become payable
to third parties pursuant to certain insurance policies; to provide for
interpretation; to provide for other matters relative to the foregoing;
to provide for applicability; to amend the Official Code of Georgia
Annotated accordingly; to provide effective dates; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 56-4, relating to kinds of insurance, as
amended, is amended by adding a new Code section following Code
Section 56-407A, relating to requirements of motor vehicle liability
policies and coverage of claims against uninsured motorists, to be
designated Code Section 56-407B, to read as follows:
56-407B. Loss of use of motor vehicle; time when liability for
payment of benefits to third party commences, (a) As used in this
Code section, liability insurance policy means an automobile liabil-
ity or motor vehicle liability insurance policy issued or delivered in
GEORGIA LAWS 1982 SESSION
803
this state to the owner of such vehicle or issued or delivered by any
insurer licensed in this state upon any such motor vehicle then
principally garaged or principally used in this state.
(b) Whenever any insurer undertakes pursuant to any automo-
bile liability or motor vehicle liability insurance policy to pay benefits
to a third party on behalf of an insured for loss of use of such a motor
vehicle, the liability of the insurer for payment of the benefits to the
third party shall commence as of the time of the incident or occur-
rence which results in the loss of use of the motor vehicle; provided,
however, in no event shall this Code section be construed so as to
require the payment of loss of use benefits in an amount which is
greater than the actual loss of use suffered.
(c) The provisions of this Code section shall be applicable to all
automobile liability or motor vehicle liability insurance policies pur-
suant to which an insurer undertakes to pay benefits to a third party
on behalf of an insured for the loss of use of such motor vehicle issued,
delivered, or renewed in this state on or after July 1,1982.
Part 2
Section 2. Chapter 7 of Title 33 of the Official Code of Georgia
Annotated, relating to kinds of insurance, limits of risks, and reinsur-
ance, is amended by adding a new Code section following Code
Section 33-7-11, relating to requirements for motor vehicle liability
policies and coverage of claims against uninsured motorists, to be
designated Code Section 33-7-11.1, to read as follows:
33-7-11.1. (a) As used in this Code section, liability insur-
ance policy means an automobile liability or motor vehicle liability
insurance policy issued or delivered in this state to the owner of such
vehicle or issued or delivered by any insurer licensed in this state
upon any such motor vehicle then principally garaged or principally
used in this state.
(b) Whenever any insurer undertakes pursuant to any automo-
bile liability or motor vehicle liability insurance policy to pay benefits
to a third party on behalf of an insured for loss of use of such a motor
vehicle, the liability of the insurer for payment of the benefits to the
third party shall commence as of the time of the incident or occur-
rence which results in the loss of use of the motor vehicle; provided,
however, in no event shall this Code section be construed so as to
804
GENERAL ACTS AND RESOLUTIONS, VOL. I
require the payment of loss of use benefits in an amount which is
greater than the actual loss of use suffered.
(c) The provisions of this Code section shall be applicable to all
automobile liability or motor vehicle liability insurance policies pur-
suant to which an insurer undertakes to pay benefits to a third party
on behalf of an insured for the loss of use of such motor vehicle issued,
delivered, or renewed in this state on or after November 1,1982.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
STONE MOUNTAIN MEMORIAL ASSOCIATION ACT
AMENDED SALE OF ALCOHOLIC BEVERAGES.
No. 1229 (House Bill No. 251).
AN ACT
To amend an Act known as the Stone Mountain Memorial
Association Act, approved February 21,1958 (Ga. Laws 1958, p. 61),
as amended, so as to authorize certain sales of alcoholic beverages,
upon obtaining a license from the Department of Revenue, by the
Stone Mountain Memorial Association at certain locations; to provide
GEORGIA LAWS 1982 SESSION
805
for certain restrictions; 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 Stone Mountain Memorial
Association Act, approved February 21,1958 (Ga. Laws 1958, p. 61),
as amended, is hereby amended by adding a new subsection (n) at the
end of Section 5 to read as follows:
(n) To sell, upon obtaining a license from the Department of
Revenue, alcoholic beverages, as defined in Code Title 5A, relating to
alcoholic beverages, at any motel, hotel, or convention center of the
Association located within the territorial limits of property controlled
by the Stone Mountain Memorial Association. Provided, however, no
license for the sale of alcoholic beverages in unbroken packages for
carry-out purposes shall be issued.
Section 2. This Act shall become effective upon its approval by
the Governor or 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 13,1982.
DOMICILE OF MARRIED PERSONS.
Code Sections 79-403, 19-2-3 Amended.
No. 1230 (House Bill No. 307).
AN ACT
To amend Code Chapter 79-4, relating to domicile, as amended, so
as to provide for the domicile of married persons; to amend the
Official Code of Georgia Annotated accordingly; to provide for effec-
806
GENERAL ACTS AND RESOLUTIONS, VOL. I
tive dates and automatic repeal; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 79-4, relating to domicile, as amended,
is amended by striking Code Section 79-403, relating to the domicile
of married women, which reads as follows:
79-403. Feme covert. The domicile of a married woman shall be
that of her husband, except in two cases: 1. Of voluntary separation
and living apart. 2. Of a pending application for divorce. In either
case her domicile shall be determined as if she were a feme sole.,
and inserting in its place a new Code Section 79-403 to read as follows:
79-403. Domicile of married persons. The domicile of a married
person shall not be presumed to be the domicile of that persons
spouse.
Part 2
Section 2. Chapter 2 of Title 19 of the Official Code of Georgia
Annotated, relating to domicile, is amended by striking Code Section
19-2-3, which reads as follows:
19-2-3. The domicile of a married woman shall be that of her
husband, except in cases of voluntary separation where the spouses
are living apart and in cases in which an application for divorce is
pending. In either of such cases, the domicile of the married woman
shall be determined as if she were a feme sole.
and inserting in its place a new Code Section 19-2-3 to read as follows:
19-2-3. The domicile of a married person shall not be presumed
to be the domicile of that persons spouse.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
GEORGIA LAWS 1982 SESSION
807
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
CORPORATIONS CORPORATE TAKEOVERS.
Code Chapter 22-19 Amended.
Code Title 14 - Chapter 6 Amended.
No. 1231 (House Bill No. 454).
AN ACT
To amend Code Chapter 22-19, relating to corporate takeovers, so
as to provide that it shall be applicable with respect to takeover bids
directed at joint-stock associations and certain other unincorporated
enterprises having specified relationships with this state; to amend
the Official Code of Georgia Annotated accordingly; to provide effec-
tive dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 22-19, relating to corporate takeovers,
is amended by striking subsections (a), (b), (f), and (g) of Code
Section 22-1901 in their entirety and inserting in lieu thereof new
subsections (a), (b), (f), and (g) and a new subsection (j), to read as
follows:
808
GENERAL ACTS AND RESOLUTIONS, VOL. I
(a) Equity security means any of the units into which the
proprietary, financial, or beneficial interests in a domestic or foreign
corporation or joint-stock association are divided, or any security
convertible into any such unit, or any warrant or right to subscribe for
or purchase any such unit.
(b) Person means any individual, corporation, partnership,
limited partnership, syndicate, joint-stock association, or other joint-
stock company, unincorporated organization, trust, estate, or associa-
tion.
(f) (1) Takeover bid means
(A) The offer to acquire or the acquisition of any equity
security of an offeree company by means of a tender offer or
request or invitation for tenders, if after the acquisition
thereof the offeror, together with its associates, would be
directly or indirectly a beneficial owner of more than 10
percent of any class of the outstanding equity securities of the
offeree company, or
(B) The offer to acquire or the acquisition of any equity
security of an offeree company by any means other than a
tender offer or request or invitation for tenders as contem-
plated by (A) above, if prior to such offer or acquisition the
offeror, together with its associates, is directly or indirectly
the beneficial owner of more than 10 percent of any class of
equity security of the offeree company and such acquisition,
together with all other acquisitions by such offeror and its
associates within the 12 month period immediately preceding
the date of such offer or acquisition, would constitute more
than 2 percent of any class of equity security of the offeree
company.
(2) With respect to conduct of the type specified in subpara-
graph (f)(1)(A) of Code Section 22-1901 and subparagraph
(f)(1)(B) of Code Section 22-1901, a takeover bid shall not include,
for the purposes of this chapter, an offer to acquire, or the
acquisition of, any equity security of an offeree company pursuant
to:
(A) An offer or offers made to not more than 15 offerees
during any period of 12 consecutive months;
GEORGIA LAWS 1982 SESSION
809
(B) An offer made on substantially equal terms to all
shareholders of the class of equity securities of the offeree
company to which the offer relates and as to which the offeree
company, acting through its board of directors, board of
trustees, or other governing body, has, prior to the time that
such offer is first made, recommended acceptance to such
shareholders, if the terms thereof, including any inducements
to officers, directors, trustees, or other governing officials of
the offeree company and any of their associates that are not
available to all shareholders, have been disclosed to all share-
holders;
(C) An offer by a corporation or joint-stock association
to acquire its own equity securities or the equity securities of
its subsidiary corporation as defined in subsection (c) of Code
Section 22-102; or
(D) An offer to exchange the securities of an issuer for
equity securities of an offeree company where the securities
proposed to be issued are registered pursuant to the federal
Securities Act of 1933, as amended, or the Georgia Securities
Act of 1973, approved April 18, 1973 (Ga. Laws 1973, p.
1202), as amended, in connection with such offer.
(E) (i) An offer by a person to exchange securities for,
seek to acquire, or acquire in the open market or other-
wise, any voting securities of a domestic insurer or of a
person controlling a domestic insurer if such person
making the offer is subject to the requirements of Section
56-3403 of the Georgia Insurance Code relating to acqui-
sitions of or mergers with domestic insurers, or (ii) an
offer by a person to merge with a domestic insurer or with
a person controlling a domestic insurer, if such person
making the offer is subject to the requirements of Section
56-3403 of the Georgia Insurance Code relating to acqui-
sitions of or mergers with domestic insurers.
(3) With respect solely to conduct of the type specified in
subparagraph (f)(1)(B) of Code Section 22-1901, a takeover bid
shall not include, for the purposes of this chapter, an offer to
acquire, or the acquisition of, any equity security of an offeree
company pursuant to an offer made by (A) a person who is an
officer, director, trustee, or other governing official of the offeree
810
GENERAL ACTS AND RESOLUTIONS, VOL. I
company or who, together with his associates, is directly or
indirectly the beneficial owner of more than 50 percent of the
outstanding equity securities of the offeree company, or (B) any
relative or spouse of such person, or any relative of such spouse,
who has the same home as such person.
(g) Offeree company means a corporation or joint-stock associ-
ation having 100 or more holders of record of its equity securities and
whose equity securities are the subject of a takeover bid, which (1) in
the case of a domestic corporation or joint-stock association has either
its principal office in this state or significant assets in this state, or (2)
in the case of a foreign corporation or joint-stock association has both
its principal office in this state and significant assets in this state.
(j) Joint-stock association means any association of the kind
commonly known as joint-stock association or joint-stock company
and any unincorporated association, trust, or enterprise having mem-
bers or having outstanding shares of stock or other evidences of
financial or beneficial interest therein, whether formed by agreement
or under statutory authority or otherwise, but does not include a
corporation, partnership, or nonprofit organization. A joint-stock
association as herein defined may be one formed under the laws of
this state, including a trust created pursuant to the provisions of
Chapter 6 of Code Title 108, or one formed under or pursuant to the
laws of any other state or jurisdiction. The term shareholder as used
in this chapter includes every member of such joint-stock association
or holder of a share of stock or other evidence of financial or beneficial
interest therein.
Section 2. Said Code chapter is further amended by striking
subsections (b) and (e) of Code Section 22-1902 in their entirety and
inserting in lieu thereof new subsections (b) and (e) to read as follows:
(b) In the case of an offeror which is a corporation, the registra-
tion statement shall be executed by the offeror in the manner
provided in subsection (c) of Code Section 22-104, and in the case of
all other offerors, as prescribed by the commissioner. The registra-
tion statement shall be filed with the commissioner on forms pre-
scribed by the commissioner. The registration statement shall be
accompanied by a consent to service of process properly executed by
each person who may be deemed an offeror in the form specified in
Code Section 22-1908 and by the filing fee specified in subsection (a)
of Code Section 22-1909. The registration statement shall contain the
GEORGIA LAWS 1982 SESSION
811
following information and such additional information as the com-
missioner by rule or order shall prescribe:
(1) The identity, business or occupation, background, and
address of the principal place of business of each person who may
be deemed an offeror as defined in subsection (c) of Code Section
22-1901;
(2) The amount of equity securities of the offeree company
beneficially owned by each offeror and its officers and directors
and by each associate of such offeror and of its officers and
directors, the amount of equity securities acquired during the last
12 months by each such person and the consideration paid there-
for, and the amount of equity securities of the offeree company
which each such person has a right to acquire directly or indi-
rectly, together with the name and address of the principal place
of business of each such person;
(3) The source and amount of funds or other consideration
used or to be used in acquiring any equity securities of the offeree
company and, if any part of such funds or other consideration is or
will be borrowed or obtained from any other person, a description
of the transaction and the names of the parties thereto, except
that where a source of funds is a loan made in the ordinary course
of business by a bank, if the person filing such statement so
requests, the name of the bank shall not be made available to the
public;
(4) A statement of any plans, intentions, or proposals which
the offeror has to liquidate the offeree company, relocate any
operations of the offeree company, sell any of its assets, effect its
merger or consolidation, or make any other material changes in its
business, corporate or legal structure, management, or personnel;
(5) All material information as to any contracts, arrange-
ments, or understandings, either existing or proposed, which the
offeror has with any person with respect to the takeover bid or
with respect to any equity securities of the offeree company,
including any employment or management contracts with existing
management or any employment or management contracts pro-
posed between the offeror and the existing management of the
offeree company, transfers of any equity securities, joint ventures,
loan or option agreements, puts and calls, guarantees of loans,
812
GENERAL ACTS AND RESOLUTIONS, VOL. I
guarantees against loss, guarantees of profits, division of losses or
profits, or the giving or withholding of proxies, naming the person
or persons in each instance with whom such contracts, arrange-
ments, or understandings have been or are proposed to be entered
into;
(6) (A) All material information concerning the organiza-
tion and operations of any offeror which is a corporation,
partnership, joint-stock association or other business trust or
association, including the year, form, and jurisdiction of its
organization, a description of the business done by each such
offeror and any material changes therein during the past
three years, a description of each class of such offerors capital
stock or other evidences of financial or beneficial interest
therein and of its long-term debt, a description of the location
and character of the principal properties of the offeror and its
subsidiaries, a description of any pending legal or administra-
tive proceeding to which the offeror or any of its officers,
directors, trustees, or other governing officials or associates is
a party and which is material to an offerees consideration of
the offer, the names of all directors, trustees, executive offi-
cers, and other governing officials of the offeror and their
material business activities and affiliations during the past
three years.
(B) Copies of its consolidated balance sheet as of the
end of its most recent fiscal year and, if the date of filing the
registration statement is more than 90 days after the end of
its most recent fiscal year, a consolidated balance sheet as of a
date not more than 90 days prior to the date the registration
statement is filed, statements of income and source and
application of funds for each of the three full fiscal years
preceding the date the registration statement is filed and for
the interim period, if any, between the end of the most recent
fiscal year and the date of the most recent balance sheet being
filed, together with statements of income and source and
application of funds for the comparable interim period in the
prior year. All such statements shall have been prepared in
accordance with generally accepted accounting principles
consistently applied. All statements covering fiscal years
shall be certified by an independent public accountant duly
registered and in good standing as such under the laws of the
place of his residence or principal office and all interim
GEORGIA LAWS 1982 SESSION
813
statements shall be certified by the chief accounting or finan-
cial officer of the offeror.
(7) All material information concerning the identity and
background of any offeror, other than an offeror referred to in
paragraph (6) above, including the material business activities
and affiliations of each such offeror during the past three years, a
balance sheet of the offeror as of a date within 90 days of the filing
of the registration statement certified by the offeror or an inde-
pendent public accountant, and a description of any pending legal
or administrative proceedings to which the offeror or any of such
offerors associates is a party and which is material to an offerees
consideration of the offer.
(e) A registration statement filed under this chapter shall
become effective at 3:00 P.M. ten full business days after the date of
filing the registration statement with the commissioner unless
delayed by order of the commissioner, or unless prior thereto the
commissioner calls a hearing with respect to the takeover bid that is
the subject of such registration statement. The commissioner shall
call a hearing if so requested by the offeree company, acting through
its board of directors, board of trustees, or other governing body, by a
written request filed with him not later than 4:00 P.M. on the seventh
full business day following the date of filing of the registration
statement. If a hearing is called, the registration statement shall not
become effective until it is declared effective by order of the commis-
sioner. Notwithstanding the foregoing, if, at any time prior to the date
upon which any registration statement under this chapter would
otherwise become effective under this section, any other offeror shall
file a registration statement under this chapter with respect to a
takeover bid for any class of equity securities of the same offeree
company, the effective date of any prior registration statement shall
be postponed until such prior registration statement is declared
effective by order of the commissioner or until the earlier of (1) the
effective date of the subsequent statement, (2) the date of withdrawal
of the subsequent statement, or (3) the date of denial of effectiveness
of the subsequent statement.
Section 3. Said Code chapter is further amended by striking
subsection (a) of Code Section 22-1905 in its entirety and inserting in
lieu thereof a new subsection (a) to read as follows:
814
GENERAL ACTS AND RESOLUTIONS, VOL. I
(a) It shall be unlawful for any offeror or offeree company, or an
officer, director, trustee, other governing official or associate of an
offeror or offeree company, or any broker-dealer acting on behalf of
any offeror or offeree company to engage in any fraudulent, decep-
tive, or manipulative acts or practices in connection with a takeover
bid.
Section 4. Said Code chapter is further amended by striking
Code Section 22-1914 in its entirety and inserting in lieu thereof a
new Code Section 22-1914 to read as follows:
22-1914. Reciprocity. Regardless of whether an offer or acquisi-
tion is subject to the provisions of this chapter, the commissioner
shall have the authority to apply for appropriate relief to any superior
court of competent jurisdiction to enjoin the offer to acquire, pursu-
ant to a tender offer or invitation for tenders, or the acquisition of any
equity securities of a corporation, joint-stock association, or other
issuer of securities, if such offer or acquisition is the subject of any
temporary or permanent administrative or judicial order restraining
or enjoining such offer or acquisition under any act or law of any other
state which is substantially similar to this chapter.
Section 5. Said Code chapter is further amended by striking
subsection (b) of Code Section 22-1915 in its entirety and inserting in
lieu thereof a new subsection (b) to read as follows:
(b) This chapter shall not apply (1) to any offeree company
having fewer than 100 holders of record of its equity securities, or (2)
to any offer or acquisition which requires a prior approval by vote of
the holders of at least the majority of the outstanding equity securi-
ties of the offeree company pursuant to its charter, articles of incorpo-
ration, declaration of trust, or other organizational instrument, or
pursuant to the applicable corporation or other governing statute.
Part 2
Section 6. Chapter 6 of Title 14 of the Official Code of Georgia
Annotated, relating to corporate takeovers, is amended by striking in
their entirety paragraphs (4), (6), (8), and (9) of Code Section 14-6-1
and inserting new paragraphs (4), (4.5), (6), (8), and (9) of Code
Section 14-6-1 to read as follows:
GEORGIA LAWS 1982 SESSION
815
(4) Equity security means any of the units into which the
proprietary, financial, or beneficial interests in a domestic or foreign
corporation or joint-stock association are divided, or any security
convertible into any such unit, or any warrant or right to subscribe for
or purchase any such unit.
(4.5) Joint-stock association means any association of the
kind commonly known as joint-stock association or joint-stock com-
pany and any unincorporated association, trust, or enterprise having
members or having outstanding shares of stock or other evidences of
financial or beneficial interest therein, whether formed by agreement
or under statutory authority or otherwise, but does not include a
corporation, partnership, or nonprofit organization. A joint-stock
association as herein defined may be one formed under the laws of
this state, including a trust created pursuant to the provisions of Part
2 of Article 2 of Chapter 12 of Title 53, or one formed under or
pursuant to the laws of any other state or jurisdiction. The term
shareholder as used in this chapter includes every member of such
joint-stock association or holder of a share of stock or other evidence
of financial or beneficial interest therein.
(6) Offeree company means a corporation or joint-stock asso-
ciation having 100 or more holders of record of its equity securities
and whose equity securities are the subject of a takeover bid, which
(A) in the case of a domestic corporation or joint-stock association has
either its principal office in this state or significant assets in this state,
or (B) in the case of a foreign corporation or joint-stock association
has both its principal office in this state and significant assets in this
state.
(8) Person means any individual, corporation, partnership,
limited partnership, syndicate, joint-stock association, or other joint-
stock company, unincorporated organization, trust, estate, or associa-
tion.
(9) (A) Takeover bid means:
(i) The offer to acquire or the acquisition of any equity
security of an offeree company by means of a tender offer or
request or invitation for tenders, if after the acquisition
thereof the offeror, together with its associates, would be
directly or indirectly a beneficial owner of more than 10
percent of any class of the outstanding equity securities of the
offeree company; or
816
GENERAL ACTS AND RESOLUTIONS, VOL. I
(ii) The offer to acquire or the acquisition of any equity
security of an offeree company by any means other than a
tender offer or request or invitation for tenders as contem-
plated by division (i) above, if prior to such offer or acquisi-
tion the offeror, together with its associates, is directly or
indirectly the beneficial owner of more than 10 percent of any
class of equity security of the offeree company and such
acquisition, together with all other acquisitions by such
offeror and its associates within the 12 month period immedi-
ately preceding the date of such offer or acquisition, would
constitute more than 2 percent of any class of equity security
of the offeree company.
(B) With respect to conduct of the type specified in divi-
sions (i) and (ii) of subparagraph (A) of this paragraph, a takeover
bid shall not include, for the purposes of this chapter, an offer to
acquire, or the acquisition of, any equity security of an offeree
company pursuant to:
(i) An offer or offers made to not more than 15 offerees
during any period of 12 consecutive months;
(ii) An offer made on substantially equal terms to all
shareholders of the class of equity securities of the offeree
company to which the offer relates and as to which the offeree
company, acting through its board of directors, board of
trustees, or other governing body, has, prior to the time that
such offer is first made, recommended acceptance to such
shareholders, if the terms thereof, including any inducements
to officers, directors, trustees, or other governing officials of
the offeree company and any of their associates that are not
available to all shareholders, have been disclosed to all share-
holders;
(iii) An offer by a corporation or joint-stock association
to acquire its own equity securities or the equity securities of
its subsidiary corporation as defined in paragraph (16) of
Code Section 14-2-2; or
(iv) An offer to exchange the securities of an issuer for
equity securities of an offeree company where the securities
proposed to be issued are registered pursuant to the federal
Securities Act of 1933, as amended, or the Georgia Securities
GEORGIA LAWS 1982 SESSION
817
Act of 1973, Chapter 5 of Title 10, in connection with such
offer.
(v) (I) An offer by a person to exchange securities for,
seek to acquire, or acquire in the open market or other-
wise, any voting securities of a domestic insurer or of a
person controlling a domestic insurer if such person
making the offer is subject to the requirements of Code
Section 33-13-3, relating to acquisitions of or mergers
with domestic insurers; or
(II) An offer by a person to merge with a domestic
insurer or with a person controlling a domestic insurer, if
such person making the offer is subject to the require-
ments of Code Section 33-13-3 of the Georgia Insurance
Code relating to acquisitions of or mergers with domestic
insurers.
(C) With respect solely to conduct of the type specified in
division (A) (ii) of paragraph (8) of this Code section, a takeover
bid shall not include, for the purposes of this chapter, an offer to
acquire, or the acquisition of, any equity security of an offeree
company pursuant to an offer made by:
(i) A person who is an officer, director, trustee, or other
governing official of the offeree company or who, together
with his associates, is directly or indirectly the beneficial
owner of more than 50 percent of the outstanding equity
securities of the offeree company; or
(ii) Any relative or spouse of such person, or any rela-
tive of such spouse, who has the same home as such person.
Section 7. Said chapter is further amended by striking subsec-
tions (b) and (e) of Code Section 14-6-2 and inserting new paragraphs
(b) and (e) of Code Section 14-6-2 to read as follows:
(b) In the case of an offeror which is a corporation, the registra-
tion statement shall be executed by the offeror in the manner
provided in subsection (c) of Code Section 14-2-4, and in the case of
all other offerors, as prescribed by the commissioner. The registra-
tion statement shall be filed with the commissioner on forms pre-
scribed by the commissioner. The registration statement shall be
818
GENERAL ACTS AND RESOLUTIONS, VOL. I
accompanied by a consent to service of process properly executed by
each person who may be deemed an offeror in the form specified in
Code Section 14-6-8 and by the filing fee specified in subsection (a) of
Code Section 14-6-9. The registration statement shall contain the
following information and such additional information as the com-
missioner by rule or order shall prescribe:
(1) The identity, business or occupation, background, and
address of the principal place of business of each person who may
be deemed an offeror as defined in this chapter;
(2) The amount of equity securities of the offeree company
beneficially owned by each offeror and its officers and directors
and by each associate of such offeror and of its officers and
directors, the amount of equity securities acquired during the last
12 months by each such person and the consideration paid there-
for, and the amount of equity securities of the offeree company
which each such person has a right to acquire directly or indi-
rectly, together with the name and address of the principal place
of business of each such person;
(3) The source and amount of funds or other consideration
used or to be used in acquiring any equity securities of the offeree
company and, if any part of such funds or other consideration is or
will be borrowed or obtained from any other person, a description
of the transaction and the names of the parties thereto, except
that where a source of funds is a loan made in the ordinary course
of business by a bank, if the person filing such statement so
requests, the name of the bank shall not be made available to the
public;
(4) A statement of any plans, intentions, or proposals which
the offeror has to liquidate the offeree company, relocate .any
operations of the offeree company, sell any of its assets, effect its
merger or consolidation, or make any other material changes in its
business, corporate or legal structure, management, or personnel;
(5) All material information as to any contracts, arrange-
ments, or understandings, either existing or proposed, which the
offeror has with any person with respect to the takeover bid or
with respect to any equity securities of the offeree company,
including any employment or management contracts with existing
management or any employment or management contracts pro-
GEORGIA LAWS 1982 SESSION
819
posed between the offeror and the existing management of the
offeree company, transfers of any equity securities, joint ventures,
loan or option agreements, puts and calls, guarantees of loans,
guarantees against loss, guarantees of profits, division of losses or
profits, or the giving or withholding of proxies, naming the person
or persons in each instance with whom such contracts, arrange-
ments, or understandings have been or are proposed to be entered
into;
(6) (A) All material information concerning the organiza-
tion and operations of any offeror which is a corporation,
partnership, joint-stock association or other business trust or
association, including the year, form, and jurisdiction of its
organization, a description of the business done by each such
offeror and any material changes therein during the past
three years, a description of each class of such offerors capital
stock or other evidences of financial or beneficial interest
therein and of its long-term debt, a description of the location
and character of the principal properties of the offeror and its
subsidiaries, a description of any pending legal or administra-
tive proceeding to which the offeror or any of its officers,
directors, trustees, or other governing officials or associates is
a party and which is material to an offerees consideration of
the offer, the names of all directors, trustees, executive offi-
cers, and other governing officials of the offeror and their
material business activities and affiliations during the past
three years.
(B) Copies of its consolidated balance sheet as of the
end of its most recent fiscal year and, if the date of filing the
registration statement is more than 90 days after the end of
its most recent fiscal year, a consolidated balance sheet as of a
date not more than 90 days prior to the date the registration
statement is filed, statements of income and source and
application of funds for each of the three full fiscal years
preceding the date the registration statement is filed and for
the interim period, if any, between the end of the most recent
fiscal year and the date of the most recent balance sheet being
filed, together with statements of income and source and
application of funds for the comparable interim period in the
prior year. All such statements shall have been prepared in
accordance with generally accepted accounting principles
consistently applied. All statements covering fiscal years
820
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall be certified by an independent public accountant duly
registered and in good standing as such under the laws of the
place of his residence or principal office and all interim
statements shall be certified by the chief accounting or finan-
cial officer of the offeror; and
(7) All material information concerning the identity and
background of any offeror, other than an offeror referred to in
paragraph (6) above, including the material business activities
and affiliations of each such offeror during the past three years, a
balance sheet of the offeror as of a date within 90 days of the filing
of the registration statement certified by the offeror or an inde-
pendent public accountant, and a description of any pending legal
or administrative proceedings to which the offeror or any of such
offerors associates is a party and which is material to an offerees
consideration of the offer.
(e) A registration statement filed under this chapter shall
become effective at 3:00 P.M. ten full business days after the date of
filing the registration statement with the commissioner unless
delayed by order of the commissioner, or unless prior thereto the
commissioner calls a hearing with respect to the takeover bid that is
the subject of such registration statement. The commissioner shall
call a hearing if so requested by the offeree company, acting through
its board of directors, board of trustees, or other governing body, by a
written request filed with him not later than 4:00 P.M. on the seventh
full business day following the date of filing of the registration
statement. If a hearing is called, the registration statement shall not
become effective until it is declared effective by order of the commis-
sioner. Notwithstanding the foregoing, if, at any time prior to the date
upon which any registration statement under this chapter would
otherwise become effective under this section, any other offeror shall
file a registration statement under this chapter with respect, to a
takeover bid for any class of equity securities of the same offeree
company, the effective date of any prior registration statement shall
be postponed until such prior registration statement is declared
effective by order of the commissioner or until the earlier of (1) the
effective date of the subsequent statement, (2) the date of withdrawal
of the subsequent statement, or (3) the date of denial of effectiveness
of the subsequent statement.
Section 8. Said Code chapter is further amended by striking
subsection (a) of Code Section 14-6-5 in its entirety and inserting in
lieu thereof a new subsection (a) to read as follows:
GEORGIA LAWS 1982 SESSION
821
(a) It shall be unlawful for any offeror or offeree company, or an
officer, director, trustee, other governing official or associate of an
offeror or offeree company, or any broker-dealer acting on behalf of
any offeror or offeree company to engage in any fraudulent, decep-
tive, or manipulative acts or practices in connection with a takeover
bid.
Section 9. Said Code chapter is further amended by striking
Code Section 14-6-14 in its entirety and inserting in lieu thereof a new
Code Section 14-6-14 to read as follows:
14-6-14. Regardless of whether an offer or acquisition is subject
to the provisions of this chapter, the commissioner shall have the
authority to apply for appropriate relief to any superior court of
competent jurisdiction to enjoin the offer to acquire, pursuant to a
tender offer or invitation for tenders, or the acquisition of any equity
securities of a corporation, joint-stock association, or other issuer of
securities, if such offer or acquisition is the subject of any temporary
or permanent administrative or judicial order restraining or enjoining
such offer or acquisition under any act or law of any other state which
is substantially similar to this chapter.
Section 10. Said Code chapter is further amended by striking
subsection (b) of Code Section 14-6-15 in its entirety and inserting in
lieu thereof a new subsection (b) to read as follows:
(b) This chapter shall not apply (1) to any offeree company
having fewer than 100 holders of record of its equity securities, or (2)
to any offer or acquisition which requires a prior approval by vote of
the holders of at least the majority of the outstanding equity securi-
ties of the offeree company pursuant to its charter, articles of incorpo-
ration, declaration of trust, or other organizational instrument, or
pursuant to the applicable corporation or other governing statute.
Part 3
Section 11. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
822
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 12. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 13,1982.
GEORGIA INSURANCE CODE AMENDED GROUP
LIFE INSURANCE POLICIES.
Code Sections 56-2703, 33-27-2 Amended.
No. 1232 (House Bill No. 1202).
AN ACT
To amend Code Section 56-2703, relating to dependent coverage
under group life insurance policies, as amended, so as to increase the
maximum coverage for dependents; to amend Code Section 33-27-2 of
Chapter 27 of Title 33 of the Official Code of Georgia Annotated,
relating to dependent coverage under group life insurance policies, so
as to provide for the same change described above; to provide
effective dates; to provide for specific repeal; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 56-2703, relating to dependent coverage
under group life insurance policies, as amended, is amended by
striking paragraph (2) in its entirety and substituting in lieu thereof a
new paragraph (2) to read as follows:
(2) The insurance must be based on some plan precluding
individual selection by the employees or members or by the policy-
GEORGIA LAWS 1982 SESSION
823
holder, employer, or union, and the amount shall not exceed $3,500.00
with respect to any spouse or child;.
Part 2
Section 2. Code Section 33-27-2 of Chapter 27 of Title 33 of the
Official Code of Georgia Annotated, relating to dependent coverage
under group life insurance policies, is amended by striking paragraph
(2) of subsection (a) in its entirety and substituting in lieu thereof a
new paragraph (2) to read as follows:
(2) The insurance must be based on some plan precluding
individual selection by the employees or members or by the policy-
holder, employer, or union; and the amount shall not exceed $3,500.00
with respect to any spouse or child;.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
824
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA MEDICAL ASSISTANCE ACT OF
1977 AMENDED.
Code Section 49-4-149.1 Enacted.
No. 1233 (House Bill No. 1204).
AN ACT
To amend the Georgia Medical Assistance Act of 1977,
approved March 16,1977 (Ga. L. 1977, p. 384), as amended, so as to
provide for submission of certain plans regarding family supplemen-
tation of Medicaid payments under certain conditions; to amend the
Official Code of Georgia Annotated accordingly; to provide for effec-
tive dates and automatic repeal; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. The Georgia Medical Assistance Act of 1977,
approved March 16, 1977 (Ga. L. 1977, p. 384), as amended, is
amended by adding following Section 8B a new Section 8C to read as
follows:
Section 8C. If the federal government removes restrictions upon
family supplementation of Medicaid payments or approves a waiver
allowing this supplementation, the Department of Medical Assis-
tance shall submit to the Human Resources Committee of the Senate
and the Health and Ecology Committee of the House of Representa-
tives a plan for this supplementation, which submission shall be made
within 30 days after the earlier of the date the restrictions are
removed or the date the waiver is approved.
Part 2
Section 2. Article 7 of Chapter 4 of Title 49 of the Official Code
of Georgia Annotated, the Georgia Medical Assistance Act of 1977,
is amended by adding after Code Section 49-4-149 a new Code Section
49-4-149.1 to read as follows:
GEORGIA LAWS 1982 SESSION
825
49-4-149.1. If the federal government removes restrictions
upon family supplementation of Medicaid payments or approves a
waiver allowing this supplementation, the Department of Medical
Assistance shall submit to the Human Resources Committee of the
Senate and the Health and Ecology Committee of the House of
Representatives a plan for this supplementation, which submission
shall be made within 30 days after the earlier of the date the
restrictions are removed or the date the waiver is approved.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
MILITIA DISTRICTS.
Code Section 36-2-2 Enacted.
No. 1234 (House Bill No. 1205).
AN ACT
To amend Chapter 2 of Title 36 of the Official Code of Georgia
Annotated, relating to militia districts, so as no longer to require
residents constituting a militia district to be males nor to be liable for
826
GENERAL ACTS AND RESOLUTIONS, VOL. I
militia duty; to change age requirements regarding residents consti-
tuting a militia district; to change the minimum number of residents a
militia district must have; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 2 of Title 36 of the Official Code of Georgia
Annotated, relating to militia districts, is amended by striking Code
Section 36-2-2 and inserting in its place a new Code Section 36-2-2 to
read as follows:
36-2-2. Each militia district organized or changed must contain
within its limits at least 200 persons 18 years of age or over who are
residents at the time of the organization of the district and, in its
formation, must not leave any older district with less than 200 such
persons.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
CITIZEN RIGHTS OF FEMALES.
Code Section 1-2-7 Amended. .
No. 1235 (House Bill No. 1206).
AN ACT
To amend Code Section 1-2-7 of the Official Code of Georgia
Annotated, relating to citizenship rights of females, so as no longer to
exempt women from the liability to discharge military, police, patrol,
or road duty; to provide an effective date; to repeal conflicting laws;
and for other purposes.
GEORGIA LAWS 1982 SESSION
827
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 1-2-7 of the Official Code of Georgia
Annotated, relating to citizenship rights of females, is hereby
amended by striking therefrom the following:
However, women shall not be liable to discharge any military,
police, patrol, or road duty.,
so that when so amended said Code section shall read as follows:
1-2-7. Female citizens are entitled to the privilege of the elective
franchise and have the right to hold any civil office or perform any
civil functions, as fully and completely as do male citizens.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 13,1982.
MOTOR CARRIER DEFINED, ETC.
Code Sections 68-502, 46-1-1 Amended.
No. 1236 (House Bill No. 1385).
AN ACT
To amend Code Section 68-502, relating to the definition of
certain terms as they pertain to the regulations of motor contract
carrier, as amended, so as to change the definition of the term motor
carrier; to amend the Official Code of Georgia Annotated accord-
ingly; to provide for effective dates; to provide for automatic repeal of
certain provisions of this Act; to repeal conflicting laws; and for other
purposes.
828
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 68-502, relating to the definition of
certain terms as they pertain to the regulation of motor contract
carriers, as amended, is hereby amended by striking the period at the
end of subparagraph (1) of subsection (e) and inserting in lieu thereof
the following:
and motor vehicles operated not for profit with a capacity of 15
persons or less when they are used exclusively to transport elderly and
handicapped passengers or employees under a corporate sponsored
van pool program, except that a vehicle owned by the driver may be
operated for profit when he is traveling to and from his place of work
provided each such vehicle carrying more than nine passengers
maintains liability insurance in an amount of not less than $100,000
per person and $300,000 per accident and $50,000 property damage.
For the purposes of this subparagraph, elderly and handicapped
passengers are defined as individuals over the age 60 years or who, by
reason of illness, injury, age, congenital malfunction, or other perma-
nent or temporary incapacity or disability, are unable to utilize mass
transportation facilities as effectively as persons who are not so
affected.
so that when so amended, subparagraph (1) of subsection (e) shall
read as follows:
(1) Motor vehicles engaged solely in transporting school children
and teachers to and from public schools; cars and trucks hauling
people and farm products exclusively between points not having
railroad facilities, and not passing through or beyond municipalities
having railroad facilities, where not more than nine passengers and/or
one and one-half tons of freight are transported; and motor vehicles
operated not for profit with a capacity of 15 persons or less when they
are used exclusively to transport elderly and handicapped passengers
or employees under a corporate sponsored van pool program, except
that a vehicle owned by the driver may be operated for profit when he
is traveling to and from his place of work provided each such vehicle
carrying more than nine passengers maintains liability insurance in
an amount of not less than $100,000 per person and $300,000 per
accident and $50,000 property damage. For the purposes of this
GEORGIA LAWS 1982 SESSION
829
subparagraph, elderly and handicapped passengers are defined as
individuals over the age of 60 years or who, by reason of illness, injury,
age, congenital malfunction, or other permanent or temporary inca-
pacity or disability, are unable to utilize mass transportation facilities
as effectively as persons who are not so affected.
Part 2
Section 2. Title 46 of the Official Code of Georgia Annotated,
relating to public utilities and public transportation, is amended by
deleting the period following the words wrecked vehicles at the end
of subparagraph (M) of paragraph (8) of Code Section 46-1-1 and by
inserting in lieu thereof the following:
;and
(N) Motor vehicles operated not for profit with a capacity of 15
persons or less when they are used exclusively to transport elderly and
handicapped passengers or employees under a corporate sponsored
van pool program, except that a vehicle owned by the driver may be
operated for profit when he is traveling to and from his place of work
provided each such vehicle carrying more than nine passengers
maintains liability insurance in an amount of not less than $100,000
per person and $300,000 per accident and $50,000 property damage.
For the purposes of this subparagraph, elderly and handicapped
passengers are defined as individuals over the age 60 years or who, by
reason of illness, injury, age, congenital malfunction, or other perma-
nent or temporary incapacity or disability, are unable to utilize mass
transportation facilities as effectively as persons who are not so
affected.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,1982.
(c) Part 2 of this Act shall become effective on November 1,1982.
830
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 13,1982.
GEORGIA FACTORY FOR THE BLIND
NAME CHANGED, ETC.
Code Title 30, Chapter 2 Amended.
Code Section 40-20-2 Amended.
No. 1237 (House Bill No. 1386).
AN ACT
To amend Chapter 2 of Title 30 of the Official Code of Georgia
Annotated, relating to the Georgia Factory for the Blind, so as to
redesignate said agency as the Georgia Industries for the Blind; to
change a reference to factory to industry or industries; to provide for
other matters relative to the foregoing; to amend Code Section 45-20-
2 of the Official Code of Georgia Annotated, relating to definitions
under the merit system, so as to conform a reference therein to the
foregoing; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 2 of Title 30 of the Official Code of Georgia
Annotated, relating to the Georgia Factory for the Blind, is amended
by striking Code Sections 30-2-1 through 30-2-9 in their entirety and
substituting in lieu thereof new Code Sections 30-2-1 through 30-2-9
to read as follows:
30-2-1. There is created the Georgia Industries for the Blind.
30-2-2. The purpose of the industries is to furnish to those
citizens of Georgia who are blind or who have not more than 10
GEORGIA LAWS 1982 SESSION
831
percent vision a means of supporting themselves; to furnish an
opportunity for those who are mentally gifted to earn a living by
working in short shifts as well as to develop their talents for literature,
poetry, music, or otherwise; and to furnish a home to workers who
desire it.
30-2-3. The industries shall be state institutions under the direc-
tion and supervision of the Department of Human Resources.
30-2-4. (a) There shall be superintendents for the industries.
Preference shall be given to blind persons with the skill and experi-
ence to perform such jobs. The department shall provide for the
equipment, maintenance, and management of the industries; shall
provide for the selection and eligibility of applicants for admission to
an industry; shall provide for the sale of supplies manufactured at the
industries to the departments of the state, its subdivisions, and
institutions, and to the federal government and other states and to
individual and corporate dealers in such supplies; shall provide for
housing, rationing, hours of labor, scale of pay, or division of profits,
subject to this chapter; and shall provide all other rules for the proper
management of the industries not in conflict with this chapter. The
department shall procure necessary machinery, equipment, and fur-
nishings for the industries; shall make contracts for power, lighting,
and heating; and shall arrange for all other things necessary and
proper for the conduct of the industries.
(b) All departments, subdivisions, and institutions of the State
of Georgia are directed to give preference in purchases to goods
manufactured at the industries, provided said goods are of equal
quality and competitive in price.
30-2-5. The plan of operation of the industries shall be to
manufacture supplies such as brooms, brushes, mops, mattresses,
desks, and office, school, and other furniture which are in the capacity
of the blind to make and which are extensively used by the various
departments of the state, its political subdivisions, and its educa-
tional, penal, and other institutions; provided, however, that this
enumeration is partial and not exclusive of articles that may be
manufactured in the industries.
30-2-6. Where, in the opinion of the industry superintendents,
any part of the work necessary to the production of any commodity
can be practically and satisfactorily done in the home of the worker,
832
GENERAL ACTS AND RESOLUTIONS, VOL. I
as in the hemming of towels or other needlework, the superintendents
shall have authority to permit and to arrange for such work to be so
done.
30-2-7. (a) Each worker in an industry who is otherwise enti-
tled to share in the benefits provided for blind persons under Articles
1 and 3 of Chapter 4 of Title 49 shall, in addition to the amount
received as compensation for his services in the industry, receive from
the Department of Human Resources such amount of public assis-
tance as shall be determined in accordance with the regulations
approved by the commissioner of human resources.
(b) All workers in the industries shall observe all holidays
observed by other departments and agencies of the state government
and shall receive their proportionate compensation for each holiday
so observed. If any worker shall be compensated in such a manner
that his daily compensation is not fixed, but rather is based upon a
production basis, he shall receive by way of compensation for such
observance of state holidays the average daily production compensa-
tion received by him during the immediately preceding 30 day period,
holidays and Sundays excluded. The Department of Human
Resources is authorized and directed to pay such compensation from
the funds appropriated to and available for the department.
30-2-8. Whenever the skill and experience of two employees are
relatively equal, seniority shall control in all questions of promotion,
demotion, or layoff. When skill and merit are relatively equal between
employees, the employee with the greater seniority shall have the first
right to obtain or refuse any transfer. When any worker in the
industries leaves to accept other employment outside the industries,
he shall have the right to return to the industries within one year from
the date of leaving and resume his former seniority and employee
privileges.
30-2-9. Surplus funds designated as reserve funds accruing at
the industries in any fiscal year shall not lapse to the state treasury
but may be reserved by the industries as working capital. The reserve
shall be cumulative but shall not exceed the total sum of
$350,000.00.
Section 2. Code Section 45-20-2 of the Official Code of Georgia
Annotated, relating to definitions under the merit system, is amended
by striking subparagraph (U) of paragraph (15) in its entirety and
GEORGIA LAWS 1982 SESSION
833
substituting in lieu thereof a new subparagraph (U) to read as follows:
(U) Commission and contract salesmen and hourly or per diem
skilled and unskilled laborers working at the Georgia Industries for
the Blind.
Section 3. This Act shall become effective on November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
DEPARTMENT OF HUMAN RESOURCES, DIVISION OF
VOCATIONAL REHABILITATION NAME CHANGED.
Code Sections 49-9-1, 49-2-7 Amended.
No. 1238 (House Bill No. 1387).
AN ACT
To amend Chapter 9 of Title 49 of the Official Code of Georgia
Annotated, relating to the Division of Vocational Rehabilitation of
the Department of Human Resources, so as to change the name of
said agency to the Division of Rehabilitation Services of the Depart-
ment of Human Resources; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 9 of Title 49 of the Official Code of Georgia
Annotated, relating to the Division of Vocational Rehabilitation of
the Department of Human Resources, is amended by striking para-
graph (3) of Code Section 49-9-1 in its entirety and substituting in
lieu thereof a new paragraph (3) to read as follows:
834
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Division means the Division of Rehabilitation Services of
the Department of Human Resources.
Section 2. The words Division of Vocational Rehabilitation
are stricken wherever the same appear in the Official Code of Georgia
Annotated, except Code Section 49-2-7 and the words Division of
Rehabilitation Services are inserted in lieu of such stricken words.
Section 3. This Act shall become effective November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
STATE BOARD OF REGISTRATION OF USED
CAR DEALERS.
Code Section 43-47-16 Amended.
No. 1239 (House Bill No. 1389).
AN ACT
To amend an Act providing for a State Board of Registration of
Used Car Dealers, approved February 20,1958 (Ga. L. 1958, p. 55), as
amended, so as to continue the board and the laws relating thereto
until July 1,1988; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
835
Part 1
Section 1. An Act providing for a State Board of Registration of
Used Car Dealers, approved February 20,1958 (Ga. L. 1958, p. 55), as
amended, is amended by striking subsection (b) of Section 4 of said
Act in its entirety and inserting in lieu thereof a new subsection (b) to
read as follows:
(b) Pursuant to Section 9 of The Act Providing for the Review,
Continuation, Reestablishment or Termination of Regulatory Agen-
cies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or
hereafter amended, the State Board of Registration of Used Car
Dealers and the laws relating thereto are hereby continued until July
1, 1988, 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.
Part 2
Section 2. Code Section 43-47-16 of the Official Code of Georgia
Annotated, relating to the termination of the State Board of Registra-
tion of Used Car Dealers, is amended by striking said Code section in
its entirety and inserting in lieu thereof a new Code Section 43-47-16
to read as follows:
43-47-16. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the State Board of Registration of
Used Car Dealers shall be terminated on July 1, 1988, and this
chapter and any other laws relating to such board shall be repealed in
their entirety effective on the date specified in Code Section 43-2-8.
836
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA PROFESSIONAL STANDARDS
ACT AMENDED.
Code Title 20 - Chapter 2 Amended.
No. 1240 (House Bill No. 1399).
AN ACT
To amend an Act known as the Georgia Professional Standards
Act, approved March 25,1976 (Ga. L. 1976, p. 966), as amended by
an Act approved March 24,1977 (Ga. L. 1977, p. 999), and by an Act
approved April 16, 1979 (Ga. L. 1979, p. 1065), so as to delete the
expiration date from said Act; to amend the Official Code of Georgia
Annotated, so as to create the Professional Standards Commission; to
provide for its powers, duties, employees, and other matters relative
thereto; to provide effective dates; to provide for specific repeal; to
repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
837
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act known as the Georgia Professional Stan-
dards Act, approved March 25, 1976 (Ga. L. 1976, p. 966), as
amended by an Act approved March 24, 1977 (Ga. L. 1977, p. 999),
and by an Act approved April 16, 1979 (Ga. L. 1979, p. 1065), is
amended by striking Section 13, which reads as follows:
Section 13. Expiration date. This Act shall stand repealed in its
entirety on June 30,1982.,
in its entirety.
Part 2
Section 2. Article 17 of Chapter 2 of Title 20 of the Official Code
of Georgia Annotated, relating to teachers and other school person-
nel, is amended by adding at the end of said Article 17 a new Part 10
to read as follows:
Part 10
20-2-981. This part shall be known and may be cited as the
Georgia Professional Standards Act.
20-2-982. As used in this part, the term:
(1) Commission means the Professional Standards Com-
mission.
(2) Approved institution means any institution approved
by the State Board of Education.
(3) Subject matter examination means any objective
examination recommended by the commission as an instrument to
measure subject matter knowledge.
(4) CESA means a cooperative education services agency
as defined by Part 4 of Article 6 of this chapter.
838
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) In-service training (staff development) means any pro-
gram of teacher education or preparation offered jointly by a
school system and an approved college or university or a CESA, or
any combination of the foregoing, for the purposes of improving or
upgrading a teachers skills, knowledge or instructional methods
which is offered for credit and is recommended by the commission.
(6) Authorization or assignment means the designation
appearing on the teaching certificate identifying the areas of
instruction or service which the certificate holder is permitted to
perform.
20-2-983. (a) A Professional Standards Commission is created as
an advisory body to the State Board of Education. The commission
shall consist of 20 members to be appointed by the Governor, subject
to the provisions of subsections (b) and (c) of this Code section. The
term of office of members of the commission shall be three years;
except the initial appointments shall be: seven for one year, seven for
two years, and six for three years. A member may be reappointed to
the commission only one time. Vacancies shall be filled for an
unexpired term in the same manner as the original appointments. If a
member for any reason discontinues employment in the category
from which he or she was appointed that person is no longer eligible to
serve on the commission as a representative of that category. If a
member elects to take employment outside the State of Georgia, that
person is no longer eligible to serve on the commission. The Governor
may remove any member from the commission for misconduct or
malfeasance in office, incapacity or neglect of duty. All members of
the commission are to be confirmed by the Senate.
(b) The membership of the commission shall consist of:
(1) Nine teachers holding a valid professional certificate;
including two classroom teachers assigned within the.grades kin-
dergarten through three, two classroom teachers assigned within
the grades four through eight, two classroom teachers assigned
within grades nine through twelve, one classroom teacher from a
state or regionally accredited private school, one professional not
assigned specifically to a classroom such as a reading teacher, a
speech therapist, or a counselor, and one professional assigned to
an area vocational-technical school;
GEORGIA LAWS 1982 SESSION
839
(2) Four administrators actively engaged in administration
and holding a valid professional certificate;
(3) Four faculty members from four state or regionally
approved teacher education institutions. At least one such
appointee shall be employed by a private institution and at least
one appointee shall be employed by a public institution;
(4) One staff member of the Department of Education
actively engaged in teacher education supervisory services; and
(5) Two members of local boards of education.
(c) Appointments shall be made by the Governor from panels of
at least three nominees for each position submitted by professional
educator organizations and other education organizations selected by
the Governor, except the State Superintendent of Schools shall
appoint the representative from the Department of Education. Such
organizations will certify that panels include only representatives of
the category of profession personnel for which the panel or panels of
nominees are submitted.
(d) All members of the commission, except representatives of
teacher education institutions, members of local boards of education,
and the representative of the Department of Education, shall hold
valid professional Georgia teaching certificates and shall have been
actively engaged in teaching or providing related educational, admin-
istrative, or supervisory services in an approved school or approved
institution of higher education with a state or regionally approved
teacher education program for at least three years immediately
preceding appointment. All members of the commission shall be
residents of the State of Georgia.
20-2-984. (a) The commission may recommend to the State
Board of Education standards and procedures for certifying educa-
tional personnel as qualified for a certificate to practice in the public
schools of Georgia, and to support, facilitate, and recommend func-
tions and programs of preparation for the teaching profession, includ-
ing the following:
(1) Standards for pre-service preparation;
840
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Standards for accreditation of teacher education pro-
grams;
(3) Standards for certification through in-service training
(staff development);
(4) Objective, independently verifiable standards of mea-
surement and evaluation of teaching competence as the basis for
teacher certification;
(5) Objective examinations as a measure of subject matter
knowledge for the purpose of certifying educational personnel;
and
(6) Criteria to be used in the activation of a committee in
teacher education institutions for the purpose of screening candi-
dates for both entry and continuation in teacher training on the
basis of academic, personal, and emotional fitness for the profes-
sion.
(b) All certificates in force in this state shall continue in full
force and effect, subject to all the terms and conditions under which
they were issued, until they expire by virtue of their own limitations
or until their terms or conditions are modified by action of the State
Board of Education.
(c) The commission shall not make any recommendations relat-
ing to compensation, benefits, or working conditions of educational
personnel in the public schools of Georgia.
20-2-985. (a) The commission shall annually select from its
membership a chairman and vice-chairman by ballot. Meetings shall
be held at the call of the chairman or upon the request in writing of a
majority of the commission. A majority of such quorum shall have
authority to act upon any matter properly brought before the com-
mission.
(b) The commission shall keep minutes of its meetings and make
an annual written report available for inspection.
20-2-986. Members of the commission shall receive no compensa-
tion for their services, but shall be reimbursed for their actual and
necessary expenses incurred in the performance of official commis-
GEORGIA LAWS 1982 SESSION
841
sion business, but such expenses shall not exceed $44.00 per day and
mileage at the same rate as state officials and employees. It is
specifically provided, however, that no member of the commission,
with the exception of members of the executive committee of the
commission, shall be reimbursed from any public funds for such
expenses for more than 15 days during each calendar year. A member
of the commission who is an employee of an agency of the state, or any
of its political subdivisions, including school systems, shall be permit-
ted to attend commission meetings and perform other commission
duties without loss of income or other benefits. An agency of Georgia,
or any of its political subdivisions, including school systems, which
employs a member of the commission and employs a person to replace
such member during the members performance of commission
duties, or incurs other additional expenses as a result of such perfor-
mance, shall be reimbursed for the actual amount of any costs so
incurred.
20-2-987. The commission shall have the authority to employ an
executive secretary who shall serve as the secretary and executive
officer of the commission. Such executive secretary shall be compen-
sated in an amount fixed by the commission. The executive secretary
shall have the authority to employ such professional and clerical
personnel as may be necessary to carry out the duties and responsibil-
ities of the commission, subject to approval by the commission. The
executive secretary and any other employee of the commission shall
be a member of Employees Retirement System of Georgia. Any
person employed by the commission shall become a member of said
retirement system within 30 days after the date of the persons
employment. All employer contributions to said retirement system
and for social security for said employees shall be paid from funds
appropriated for the operation of the commission. The employees of
the commission shall not be subject to the State Merit System of
personnel administration. Personnel of the State Department of
Education may be utilized by the commission subject to the approval
of the State Superintendent of Schools.
20-2-988. (a) The office of certification of the State Department
of Education shall continue to evaluate transcripts and issue certifi-
cates based on State Board of Education approved standards for
certificates.
(b) The commission shall follow policies consistent with general
education objectives established under Georgia statutes or by the
State Board of Education.
842
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) The commission shall have the authority to hear the public,
the teaching profession, and professional groups and associations on
any matter of concern under the jurisdiction of the commission.
(d) The commission has the authority to recommend to the
State Board of Education panels of educators, including public school
classroom teachers, to serve as members of teams visiting institutions
and school systems having teacher education programs for purposes
associated with the process of approving said programs by the state
board. The commission shall also have the authority to review any
report of such teams and to advise the state board as to whether or not
programs proposed for its approval meet its adopted criteria.
20-2-989. (a) The funds necessary for the operation of the
commission shall come from funds specifically appropriated or other-
wise made available to the Professional Standards Commission.
(b) The commission is assigned to the Department of Education
for administrative purposes only as prescribed by Code Section 50-4-
3.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall be effective upon its approval by the Governor
or upon its otherwise becoming law.
(b) Part 1 of this Act shall be repealed effective November 1,
1982. An Act known as the Georgia Professional Standards Act,
approved March 25,1976 (Ga. L. 1976, p. 966), as amended by an Act
approved March 24, 1977 (Ga. L. 1977, p. 999), and by an Act
approved April 16,1979 (Ga. L. 1979, p. 1065) shall be repealed in its
entirety effective November 1,1982.
(c) Part 2 of this Act shall become effective November 1,1982.
GEORGIA LAWS 1982 SESSION
843
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
DEPARTMENT OF ADMINISTRATIVE SERVICES
BOND OF DIRECTOR OF FISCAL DIVISIONS.
Code Section 50-5-3 Amended.
No. 1241 (House Bill No. 1413).
AN ACT
To amend Article 1 of Chapter 5 of Title 50 of the Official Code of
Georgia Annotated, relating to general provisions pertaining to the
Department of Administrative Services, so as to provide for a bond
for the director of the fiscal division; to provide for the general duties
of the fiscal division; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 5 of Title 50 of the Official Code
of Georgia Annotated, relating to general provisions pertaining to the
Department of Administrative Services, is amended by striking Code
Section 50-5-3 in its entirety and inserting in lieu thereof a new Code
Section 50-5-3 to read as follows:
50-5-3. The director of the Fiscal Division of the Department of
Administrative Services shall post bond to the state in the sum of
$200,000.00, with a bonding company duly licensed to do business in
the state and approved by the Governor, the annual premium of the
bond to be paid from funds appropriated to the Department of
Administrative Services. The bond shall be conditioned as follows:
844
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) That he faithfully discharge, execute, and perform all
and singular the duties required of him by virtue of his office and
the Constitution and laws of this state;
(2) That he faithfully account for and pay over all state
moneys received by him from time to time by virtue of his office;
and
(3) That he safely deliver to his successor all records,
moneys, vouchers, accounts, and effects whatsoever belonging to
his office.
Section 2. Said article is further amended by striking Code
Section 50-5-8 in its entirety and inserting in lieu thereof a new Code
Section 50-5-8 to read as follows:
50-5-8. It shall be the duty of the Fiscal Division of the Depart-
ment of Administrative Services:
(1) To receive and keep safely all moneys which shall from
time to time be paid to the treasury of this state, and to pay all
warrants legally drawn on the treasury by the Governor and
countersigned by the Comptroller General or, in his absence, by
the deputy comptroller general, and to pay all drafts of the
President of the Senate and the Speaker of the House of Repre-
sentatives for sums lawfully due the members and officers of their
respective bodies;
(2) To keep good and sufficient accounting records of every
sum of money received into, or disbursed from, the state treasury,
utilizing an accounting system in conformity with generally
accepted accounting principles and approved by the state auditor;
(3) To keep a true and faithful record of all warrants drawn
by the Governor on the treasury and all drafts drawn on the
treasury by the President of the Senate and the Speaker of the
House of Representatives;
(4) To keep a true and faithful record of the accounts with
all designated state depositories in which the states money is
deposited, showing the principal amount and the interest earned
in each depository; and
GEORGIA LAWS 1982 SESSION
845
(5) To keep safely certificates of stock, securities, state
bonds, and other evidences of debt and to manage and control the
same for the purposes to which they are pledged.
Section 3. This Act shall become effective on November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
PUBLIC EMPLOYEES LEAVE TO PARTICIPATE
IN BLOOD DONATION.
Code Section 45-20-30 Amended.
No. 1242 (House Bill No. 1419).
AN ACT
To amend an Act authorizing leaves of absence for public employ-
ees when the absence is to permit the employee to participate in blood
donation, approved February 3, 1976 (Ga. L. 1976, p. 165), so as to
provide for additional leave of absence for public employees who
donate blood platelets or granulocytes through the pheresis process;
to amend the Official Code of Georgia Annotated accordingly; to
provide effective dates; to provide for automatic repeal of certain
provisions of this Act; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act authorizing leaves of absence for public
employees when the absence is to permit the employee to participate
in blood donation, approved February 3,1976 (Ga. L. 1976, p. 165), is
846
GENERAL ACTS AND RESOLUTIONS, VOL. I
amended by striking Section 1 in its entirety and inserting in lieu
thereof a new Section 1 to read as follows:
Section 1. Leaves of absence for blood donations. Each State,
county and municipal officer and employee in this State shall be
allowed a leave of absence of not more than eight hours in each
calendar year without loss of pay for the purpose of donating blood.
This absence shall be computed at two hours per donation, up to four
times per year. However, any such officer or employee who donates
blood platelets or granulocytes through the pheresis process shall be
allowed a leave of absence of not more than 16 hours in each calendar
year without loss of pay which shall be computed at four hours per
donation up to four times per year.
Part 2
Section 2. Chapter 20 of Title 45 of the Official Code of Georgia
Annotated, relating to personnel administration, is amended by
striking Code Section 45-20-30 in its entirety and inserting in lieu
thereof a new Code Section 45-20-30 to read as follows:
45-20-30. Each state, county, and municipal officer and
employee in this state shall be allowed a leave of absence, without loss
of pay, of not more than eight hours in each calendar year for the
purpose of donating blood. This absence shall be computed at two
hours per donation, up to four times per year. However, any such
officer or employee who donates blood platelets or granulocytes
through the pheresis process shall be allowed a leave of absence,
without loss of pay, of not more than 16 hours in each calendar year
which shall be computed at four hours per donation, up to four times
per year.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
847
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
PUBLIC REVENUE TAX EXECUTIONS.
Code Sections 91A-323, 48-3-8 Amended.
No. 1243 (House Bill No. 1449).
AN ACT
To amend Code Chapter 91A-3, relating to tax executions, so as to
change provisions relative to interest on executions for municipal
taxes; to amend the Official Code of Georgia Annotated accordingly;
to provide effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 91A-3, relating to tax executions, is
amended by striking Code Section 91A-323 and inserting in its place a
new Code section to read as follows:
91A-323. Executions on which interest allowed; rate; effect of
imposition of penalties. All executions issued for taxes due the State,
any county of the State, or any municipality, whether issued on
assessments for permanent improvements of streets or sewers of a
municipality or otherwise, shall bear interest at the rate specified in
Section 91A-239.2 from the time fixed by law for issuing the execu-
tion.
848
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 2
Section 2. Chapter 3 of Title 48 of the Official Code of Georgia
Annotated, relating to tax executions, is amended by striking Code
Section 48-3-8 and inserting in its place a new Code section to read as
follows:
48-3-8. All executions issued for taxes due the state or any
county or municipality of the state, whether issued on assessments for
permanent improvements of streets or sewers of a municipality or
otherwise, shall bear interest at the rate specified in Code Section 48-
2-40 from the time fixed by law for issuing the execution.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA LAWS 1982 SESSION
849
LIABILITY FOR MALICIOUS ACTS OF CHILDREN.
Code Section 51-2-3 Amended.
No. 1244 (House Bill No. 1450).
AN ACT
To amend an Act relating to liability for malicious acts of children,
approved March 10,1966 (Ga. L. 1966, p. 424), as amended, so as to
change the persons who may he liable for certain acts; to change the
maximum amount of liability; to amend the Official Code of Georgia
Annotated accordingly; to provide effective dates; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act relating to liability for malicious acts of
children, approved March 10,1966 (Ga. L. 1966, p. 424), as amended,
is amended by replacing Section 1 with a new section to read as
follows:
Section 1. Every parent or guardian having the custody and
control over a minor child or children under the age of eighteen shall
be liable in an amount not to exceed $5,000.00 plus court costs for the
willful or malicious acts of said minor child or children resulting in
damage to the property of another. This Act shall be cumulative and
shall not be restrictive of any remedies now available to any person,
firm or corporation for injuries or damages arising out of the acts,
torts or negligence of a minor child under the family-purpose car
doctrine or any statutes now in force and effect in the State of
Georgia.
Part 2
Section 2. Code Section 51-2-3 of the Official Code of Georgia
Annotated, relating to liability for malicious acts of children, is
amended by replacing subsection (a) with a new subsection to read as
follows:
850
GENERAL ACTS AND RESOLUTIONS, VOL. I
(a) Every parent or guardian having the custody and control
over a minor child or children under the age of 18 shall be liable in an
amount not to exceed $5,000.00 plus court costs for the willful or
malicious acts of the minor child or children resulting in damage to
the property of another.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
ELECTIONS COMPENSATION OF REGISTRARS.
Code Sections 34-603, 21-2-211 Amended.
No. 1245 (House Bill No. 1470).
AN ACT
To amend Code Section 34-603, relating to county registrars, their
duties and compensation, so as to change the provisions relating to
compensation of registrars; to amend the Official Code of Georgia
Annotated accordingly; to provide effective dates; to provide for
specific repeal; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
851
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 34-603, relating to county registrars,
their duties and compensation, is amended by striking subsection (c)
thereof in its entirety and substituting in lieu thereof a new subsec-
tion (c) to read as follows:
(c) The chief registrar shall be the chief administrative officer
of the board of registrars and shall generally supervise and direct the
administration of the affairs of the board of registrars. The chief
registrar shall act as chairman of the board of registrars, and, as chief
registrar, shall perform those functions normally devolving upon the
chairman. The chief registrar shall be compensated in an amount of
not less than $30.00 per day for each day of service on the business of
the board of registrars. The other registrars shall be compensated in
an amount of not less than $27.00 per day for each day of service on
the business of the board of registrars. In lieu of the above per diem
compensation, the chief registrar may be compensated in an amount
not less than $225.00 per month and the other registrars in an amount
not less than $200.00 per month. The per diem or monthly compensa-
tion, as the case may be, shall be fixed, subject to the above limita-
tions, by the governing authority of each county and shall be paid
from county funds. The compensation of other officers and employees
appointed and employed under the provisions of this Chapter shall be
fixed by the board of registrars with the approval of the governing
authority of each county and shall be paid from county funds.
Part 2
Section 2. Code Section 21-2-211 of the Official Code of Georgia
Annotated, relating to county registrars, their duties and compensa-
tion, is amended by striking subsection (c) thereof in its entirety and
substituting in lieu thereof a new subsection (c) to read as follows:
(c) The chief registrar shall be the chief administrative officer
of the board of registrars and shall generally supervise and direct the
administration of the affairs of the board of registrars. The chief
registrar shall act as chairman of the board of registrars and, as chief
registrar, shall perform those functions normally devolving upon the
chairman. The chief registrar shall be compensated in an amount of
not less than $30.00 per day for each day of service on the business of
852
GENERAL ACTS AND RESOLUTIONS, VOL. I
the board of registrars. The other registrars shall be compensated in
an amount of not less than $27.00 per day for each day of service on
the business of the board of registrars. In lieu of the above per diem
compensation, the chief registrar may be compensated in an amount
not less than $225.00 per month and the other registrars in an amount
not less than $200.00 per month. The per diem or monthly compensa-
tion, as the case may be, shall be fixed, subject to the above limita-
tions, by the governing authority of each county and shall be paid
from county funds. The compensation of other officers and employees
appointed and employed under this article shall be fixed by the board
of registrars with the approval of the governing authority of each
county and shall be paid from county funds.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA LAWS 1982 SESSION
853
PROCEEDS OF SALES OF TIMBER FROM
MILITARY INSTALLATIONS.
Code Section 36-80-15 Enacted.
No. 1246 (House Bill No. 1474).
AN ACT
To grant and prescribe the manner of expenditure for public
schools and county roads of proceeds from timber sales from military
installations and military facilities of the United States; to provide for
all related matters; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. (a) The purpose of this section is to grant and
prescribe the manner of expenditure of funds received by this state
from the federal government from sales of timber from military
installations and military facilities of the United States, as authorized
by subsection (e) of Section 2665 of Title 10 of the United States
Code, as amended by the Military Construction Authorization Act of
1982.
(b) The amount of such funds received by the state from sales
from each military installation or facility shall be allocated to the
county in which the installation or facility is located. If an installa-
tion or facility is located in more than one county, the amount
allocated to each such county shall be the total amount derived from
sales from that installation or facility times a fraction the numerator
of which is the number of acres of the installation or facility in the
county and the denominator of which is the number of acres of the
installation or facility in the state.
(c) Of the amount allocated to each county, 50 percent shall be
paid to the county governing authority and 50 percent shall be paid to
the county board of education. If, however, there is an independent
school district in any county to which funds are allocated, then 50
percent of the funds allocated to the county shall be paid to the
854
GENERAL ACTS AND RESOLUTIONS, VOL. I
county governing authority and the remaining 50 percent shall be
proportionally divided between the county school district and each
independent school district in the county according to the ratio which
the average daily attendance for each system bears to the total
average daily attendance for all systems in the county, except that if
pupils in one district attend school in another district they shall for
purposes of determining average daily attendance be considered as
attending school in the district in which they reside.
(d) Funds received by a county governing authority shall be used
only on the county road system. Funds received by a board of
education may be used for any purpose for which the board may
lawfully expend public funds.
(e) Funds received by the state as described in this section shall
be administered by the director of the Fiscal Division of the Depart-
ment of Administrative Services and distributed by the director as
provided in this section not less often than annually.
Part 2
Section 2. Chapter 80 of Title 36 of the Official Code of Georgia
Annotated, relating to general provisions applicable to municipali-
ties, counties, and other local governmental entities, is amended by
adding a new Code Section 36-80-15 to read as follows:
36-80-15. (a) The purpose of this Code section is to grant and
prescribe the manner of expenditure of funds received by this state
from the federal government from sales of timber from military
installations and military facilities of the United States, as authorized
by subsection (e) of Section 2665 of Title 10 of the United States
Code, as amended by the Military Construction Authorization Act of
1982.
(b) The amount of such funds received by the state from sales
from each military installation or facility shall be allocated to the
county in which the installation or facility is located. If an installa-
tion or facility is located in more than one county, the amount
allocated to each such county shall be the total amount derived from
sales from that installation or facility times a fraction the numerator
of which is the number of acres of the installation or facility in the
county and the denominator of which is the number of acres of the
installation or facility in the state.
GEORGIA LAWS 1982 SESSION
855
(c) Of the amount allocated to each county, 50 percent shall be
paid to the county governing authority and 50 percent shall be paid to
the county board of education. If, however, there is an independent
school district in any county to which funds are allocated, then 50
percent of the funds allocated to the county shall be paid to the
county governing authority and the remaining 50 percent shall be
proportionally divided between the county school district and each
independent school district in the county according to the ratio which
the average daily attendance for each system bears to the total
average daily attendance for all systems in the county, except that if
pupils in one district attend school in another district they shall for
purposes of determining average daily attendance be considered as
attending school in the district in which they reside.
(d) Funds received by a county governing authority shall be used
only on the county road system. Funds received by a board of
education may be used for any purpose for which the board may
lawfully expend public funds.
(e) Funds received by the state as described in this Code section
shall be administered by the director of the Fiscal Division of the
Department of Administrative Services and distributed by the direc-
tor as provided in this Code section not less often than annually.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
856
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
FARMERS MUTUAL FIRE INSURANCE COMPANIES.
Code Section 33-16-13 Amended.
No. 1247 (House Bill No. 1479).
AN ACT
To amend Chapter 16 of Title 33 of the Official Code of Georgia
Annotated, relating to farmers mutual fire insurance companies, so
as to change the geographic limitations of the operations of farmers
mutual fire insurance companies; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 16 of Title 33 of the Official Code of Georgia
Annotated, relating to farmers mutual fire insurance companies, is
amended by striking from Code Section 33-16-13 the following:
not more than three other contiguous counties in this state,
and inserting in lieu thereof the following:
any other contiguous county,
so that when so amended Code Section 33-16-13 shall read as follows:
33-16-13. A farmers mutual fire insurance company shall not
issue policies of insurance or otherwise insure property located in any
county in this state other than the county in which it has its home
office as specified in its original charter and in any other contiguous
county.
GEORGIA LAWS 1982 SESSION
857
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
STATE PROPERTIES COMMISSION
AUTHORITY, ETC.
Code Sections 91-110a, 50-16-43 Amended.
No. 1248 (House Bill No. 1499).
AN ACT
To amend Code Section 91-110a, relating to the authority of the
State Properties Commission to execute written contracts permitting
the exploration of state-owned lands for indications of mineral
resources, as amended, so as to provide that a locational, dimensional,
and directional sketch acceptable to the commission may be included
in an application to lease state-owned lands; to clarify that the
commission may lease state-owned lands without the receipt of an
application; to provide that the commission is authorized to grant oil
and gas leases without competitive bidding under certain conditions;
to amend the Official Code of Georgia Annotated accordingly; to
provide effective dates; to provide for automatic repeal of certain
provisions of this Act; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 91-110a, relating to the authority of the
State Properties Commission to execute written contracts permitting
the exploration of state-owned lands for indications of mineral
858
GENERAL ACTS AND RESOLUTIONS, VOL. I
resources, as amended, is amended by striking subsection (c) in its
entirety and inserting in lieu thereof a new subsection (c) to read as
follows:
(c) When any person shall desire to lease any state-owned lands
pursuant to the provisions of this Section 91-110a, application there-
for shall be made to the commission in writing. The application shall
include an accurate legal description and a locational, dimensional,
and directional sketch acceptable to the commission or a plat of
survey of the land sought to be leased and such other information as
the commission may require and shall further include a certified
check for $50.00 which shall be deposited with the commission as
evidence of the good faith of the applicant, which sum shall only be
returned to an applicant who shall bid for but fail to secure a lease.
Section 2. Said Code section is further amended by striking
subsection (d) in its entirety and inserting in lieu thereof a new
subsection (d) to read as follows:
(d) When the commission shall desire to lease state-owned
lands, or upon receipt of an application by any person desiring to
lease any state-owned lands, the commission shall make an inspection
of the land sought to be leased and such geophysical and geological
surveys thereof as the commission may deem necessary. The commis-
sion, after receiving a report as to the nature, character, surroundings,
and mineral resource value of such land, may offer for lease, through
public competitive bidding, all or any portion of such land. The
commission shall cause to be published once a week for two consecu-
tive weeks in (1) the legal organ and in one or more newspapers of
general circulation in the county or counties wherein is situated the
land to be bid upon and (2) the legal organ of Fulton County, Georgia,
an advertisement of an invitation for bids setting forth therein an
accurate legal description of the land proposed to be leased, the date,
time, and place when and where bids therefor will be received and
such other information as the commission may deem necessary. Prior
to the advertising, the commission shall prepare a proposed form of
lease and appropriate instructions which shall be furnished to pro-
spective bidders under such conditions as the commission may pre-
scribe. Sealed bids shall be submitted to the secretary of the commis-
sion and each bid shall be accompanied by a bid bond or such other
security as may be prescribed by the commission.
GEORGIA LAWS 1982 SESSION
859
Section 3. Said Code section is further amended by adding a new
subsection (k) to read as follows:
(k) Notwithstanding any other provisions of this Code section
to the contrary, when it is determined by the commission to be in the
best interests of the State of Georgia, the commission, acting for and
on behalf of and in the name of the State of Georgia, is authorized to
grant and convey to any eligible person, as defined herein, an oil and
gas lease which authorizes such person to extract and remove from
state-owned lands all oil, gas, and affiliated hydrocarbons and gases
without the necessity of complying with the public competitive bid
procedure set forth in this Code section, subject to and upon the
following conditions:
(1) Eligible person shall be defined as any person who is
the owner of the oil and gas interests in lands adjoining the state-
owned land sought to be leased by said person such that at least 75
percent of the boundary of the state-owned land sought to be
leased is bordered by said adjoining lands. Owner of the oil and
gas interests in lands shall mean the person or persons who have
the right to drill for oil and gas on those lands and appropriate the
production either for himself or themselves and another or others.
Oil and gas shall include affiliated hydrocarbons and gases;
(2) Upon application by any interested person for an oil and
gas lease pursuant to this subsection, the commission shall deter-
mine whether or not the applicant is an eligible person. If the
commission determines that the applicant is an eligible person,
then the commission is authorized to grant and convey to the
applicant an oil and gas lease covering the state-owned land
sought to be leased and described in the application without the
necessity of complying with the public competitive bid procedure
set forth in this Code section. Nothing in this subsection shall
prevent the commission from complying with the public competi-
tive bid procedure set forth in this Code section when leasing the
state-owned land described in the application or any other state-
owned land if it finds such procedure to be in the best interests of
the State of Georgia;
(3) The application for the oil and gas lease shall be in
writing and shall contain a request for an oil and gas lease; a
description of the state-owned land sought to be leased; a loca-
tional, dimensional, and directional sketch in a form acceptable to
860
GENERAL ACTS AND RESOLUTIONS, VOL. I
the commission or a plat of survey of the state-owned land sought
to be leased; a true statement that the applicant is the owner of the
oil and gas interests in lands adjoining the state-owned land
sought to be leased such that at least 75 percent of the boundary of
the state-owned land sought to be leased is bordered by said
adjoining lands; copies of all oil and gas leases or deeds to the lands
adjoining the state-owned lands sought to be leased and by which
the applicant claims the ownership of the oil and gas interests; and
a list of the names and addresses of all owners of the oil and gas
interests in the lands adjoining the state-owned land sought to be
leased describing the nature of their interest. The entire applica-
tion must be in a form acceptable to the commission;
(4) Any lease granted to any person pursuant to this subsec-
tion shall be subject to subsection (g) of this Code section;
(5) Prior to the execution of any oil and gas lease pursuant
to this subsection, the commission shall enter into an agreement
with the department or agency which has legal title to or custody
of the state-owned lands sought to be leased. The agreement shall
contain the departments or agencys certification that the state-
owned land is available for leasing and such other terms and
provisions which the parties to the agreement deem necessary to
protect the state-owned land; and
(6) The form of execution by the commission, who is acting
for and on behalf of and in the name of the State of Georgia, of
each oil and gas lease shall be as set forth in paragraph (5) of
subsection (j) of this Code section.
Part 2
Section 4. Code Section 50-16-43 of the Official Code of Georgia
Annotated, relating to the authority of the State Properties Commis-
sion to execute written contracts permitting the exploration of state-
owned lands for indications of mineral resources, is amended by
striking subsection (c) in its entirety and inserting in lieu thereof a
new subsection (c) to read as follows:
(c) When any person shall desire to lease any state-owned lands
pursuant to this Code section, application therefor shall be made to
the commission in writing. The application shall include an accurate
legal description and a locational, dimensional, and directional sketch
GEORGIA LAWS 1982 SESSION
861
acceptable to the commission or a plat of survey of the land sought to
be leased and such other information as the commission may require
and shall further include a certified check for $50.00 which shall be
deposited with the commission as evidence of the good faith of the
applicant, which sum shall only be returned to an applicant who bids
for but fails to secure a lease.
Section 5. Said Code section is further amended by striking
subsection (d) in its entirety and inserting in lieu thereof a new
subsection (d) to read as follows:
(d) When the commission shall desire to lease state-owned
lands, or upon receipt of an application by any person desiring to
lease any state-owned lands, the commission shall make an inspection
of the land sought to be leased and such geophysical and geological
surveys thereof as the commission may deem necessary. The commis-
sion, after receiving a report as to the nature, character, surroundings,
and mineral resource value of the land, may offer for lease, through
public competitive bidding, all or any portion of the land described in
the application. The commission shall cause to be published once a
week for two consecutive weeks in the legal organ and in one or more
newspapers of general circulation in the county or counties wherein is
situated the land to be bid upon and in the legal organ of Fulton
County an advertisement of an invitation for bids setting forth
therein an accurate legal description of the land proposed to be
leased; the date, time, and place when and where bids therefor will be
received; and such other information as the commission may deem
necessary. Prior to the advertising, the commission shall prepare a
proposed form of lease and appropriate instructions which shall be
furnished to prospective bidders under such conditions as the com-
mission may prescribe. Sealed bids shall be submitted to the secretary
of the commission and each bid shall be accompanied by a bid bond or
such other security as may be prescribed by the commission.
Section 6. Said Code section is further amended by adding
immediately following subsection (j) a new subsection, to be desig-
nated subsection (k), to read as follows:
(k) Notwithstanding any other provisions of this Code section
to the contrary, when it is determined by the commission to be in the
best interests of the State of Georgia, the commission, acting for and
on behalf of and in the name of the State of Georgia, is authorized to
grant and convey to any eligible person, as defined herein, an oil and
862
GENERAL ACTS AND RESOLUTIONS, VOL. I
gas lease which authorizes such person to extract and remove from
state-owned lands all oil, gas, and affiliated hydrocarbons and gases
without the necessity of complying with the public competitive bid
procedure set forth in this Code section, subject to and upon the
following conditions:
(1) Eligible person shall be defined as any person who is
the owner of the oil and gas interests in lands adjoining the state-
owned land sought to be leased by said person such that at least 75
percent of the boundary of the state-owned land sought to be
leased is bordered by said adjoining lands. Owner of the oil and
gas interests in lands shall mean the person or persons who have
the right to drill for oil and gas on those lands and appropriate the
production either for himself or themselves and another or others.
Oil and gas shall include affiliated hydrocarbons and gases;
(2) Upon application by any interested person for an oil and
gas lease pursuant to this subsection, the commission shall deter-
mine whether or not the applicant is an eligible person. If the
commission determines that the applicant is an eligible person,
then the commission is authorized to grant and convey to the
applicant an oil and gas lease covering the state-owned land
sought to be leased and described in the application without the
necessity of complying with the public competitive bid procedure
set forth in this Code section. Nothing in this subsection shall
prevent the commission from complying with the public competi-
tive bid procedure set forth in this Code section when leasing the
state-owned land described in the application or any other state-
owned land if it finds such procedure to be in the best interests of
the State of Georgia;
(3) The application for the oil and gas lease shall be in
writing and shall contain a request for an oil and gas lease; a
description of the state-owned land sought to be leased; a loca-
tional, dimensional, and directional sketch in a form acceptable to
the commission or a plat of survey of the state-owned land sought
to be leased; a true statement that the applicant is the owner of the
oil and gas interests in lands adjoining the state-owned land
sought to be leased such that at least 75 percent of the boundary of
the state-owned land sought to be leased is bordered by said
adjoining lands; copies of all oil and gas leases or deeds to the lands
adjoining the state-owned lands sought to be leased and by which
the applicant claims the ownership of the oil and gas interests; and
GEORGIA LAWS 1982 SESSION
863
a list of the names and addresses of all owners of the oil and gas
interests in the lands adjoining the state-owned land sought to be
leased describing the nature of their interest. The entire applica-
tion must be in a form acceptable to the commission;
(4) Any lease granted to any person pursuant to this subsec-
tion shall be subject to subsection (g) of this Code section;
(5) Prior to the execution of any oil and gas lease pursuant
to this subsection, the commission shall enter into an agreement
with the department or agency which has legal title to or custody
of the state-owned lands sought to be leased. The agreement shall
contain the departments or agencys certification that the state-
owned land is available for leasing and such other terms and
provisions which the parties to the agreement deem necessary to
protect the state-owned land; and
(6) The form of execution by the commission, who is acting
for and on behalf of and in the name of the State of Georgia, of
each oil and gas lease shall be as set forth in paragraph (5) of
subsection (j) of this Code section.
Part 3
Section 7. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
864
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA HEALTH CODE AMENDED
REGULATION OF HOSPITALS, ETC.
Code Sections 88-1901, 88-1903, 31-7-1
Amended.
No. 1249 (House Bill No. 1553).
AN ACT
To amend Code Chapter 88-19, relating to regulation of hospitals
and related institutions, as amended, so as to include freestanding
emergency care clinics and birthing centers within the meaning of the
term institution; to clarify the departments authority to regulate
ambulatory surgical treatment centers; to exclude the offices and
treatment rooms of dentists and physicians from the term institut-
iton; to delete requirements for consultation with the Hospital
Advisory Council relating to certain rules and regulations; to amend
the Official Code of Georgia Annotated accordingly; to provide for
effective dates and automatic repeal; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 88-19, relating to regulation of hospi-
tals and related institutions, as amended, is amended by striking
subsection (a) of Code Section 88-1901 and inserting in its place a new
subsection (a) to read as follows:
(a) The term institution means (1) any community mental
health and mental retardation facility; (2) any building, facility, or
place in which is provided two or more beds and other facilities and
services that are used for persons received for either examination,
diagnosis, treatment, surgery, maternity care, nursing care, or per-
sonal care for periods continuing for 24 hours or longer and which are
classified by the Department of Human Resources, as provided for
herein, as either a hospital, nursing home, or personal care home; (3)
any health facility wherein abortion procedures under Section 26-
1202(b) and (c) are performed or are to be performed; (4) any building
or facility, not under the operation or control of a hospital, which is
primarily devoted to the provision of surgical treatment to patients
GEORGIA LAWS 1982 SESSION
865
not requiring hospitalization and which is classified by the Depart-
ment of Human Resources as an ambulatory surgical treatment
center; (5) any fixed or mobile specimen collection center or health
testing facility where specimens are taken from the human body for
delivery to and examination in a licensed clinical laboratory or where
certain measurements such as height and weight determination,
limited audio and visual tests and electrocardiograms are made, such
term to exclude any public health services operated by the State, its
counties and municipalities; (6) any building or facility, not directly
associated with a hospital, which is devoted primarily to the provi-
sion, on a nonrecurring basis, of medical treatment to patients with
acute injuries or conditions and which is classified by the Department
of Human Resources as a freestanding emergency care clinic; or (7)
any building or facility where human births occur on a regular and
ongoing basis and which is classified by the Department of Human
Resources as a birthing center.
The term institution shall exclude all physicians and dentists
private offices and treatment rooms in which such dentists or physi-
cians primarily see, consult with, and treat patients.
Section 2. Said chapter is further amended by striking Code
Section 88-1903 and inserting in its place a new Code Section 88-1903
to read as follows:
88-1903. Same; adoption of rules and regulations. The Depart-
ment of Human Resources shall adopt and promulgate such reason-
able rules and regulations which in its judgment are necessary to
protect the health and lives of patients and shall prescribe and set out
the kind and quality of building, equipment, facilities, and institu-
tional services which institutions as defined herein shall have and use
in order to properly care for their patients.
Part 2
Section 3. Code Section 31-7-1 of the Official Code of Georgia
Annotated, relating to definitions concerning the regulation of hospi-
tals and related institutions, is amended by striking paragraph (1)
thereof and inserting in its place a new paragraph (1) to read as
follows:
(1) Institutionmeans:
866
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Any community mental health and mental retardation
facility;
(B) Any building, facility, or place in which are provided
two or more beds and other facilities and services that are used for
persons received for examination, diagnosis, treatment, surgery,
maternity care, nursing care, or personal care for periods continu-
ing for 24 hours or longer and which is classified by the depart-
ment, as provided for in this chapter, as either a hospital, nursing
home, or personal care home;
(C) Any health facility wherein abortion procedures under
subsections (b) and (c) of Code Section 16-12-141 are performed
or are to be performed;
(D) Any building or facility, not under the operation or
control of a hospital, which is primarily devoted to the provision of
surgical treatment to patients not requiring hospitalization and
which is classified by the department as an ambulatory surgical
treatment center; or
(E) Any fixed or mobile specimen collection center or health
testing facility where specimens are taken from the human body
for delivery to and examination in a licensed clinical laboratory or
where certain measurements such as height and weight determi-
nation, limited audio and visual tests, and electrocardiograms are
made, excluding public health services operated by the state, its
counties, or municipalities.
(F) Any building or facility, not directly associated with a
hospital, which is devoted primarily to the provision, on a nonre-
curring basis, of medical treatment to patients with acute injuries
or conditions and which is classified by the Department of Human
Resources as a freestanding emergency care clinic; or
(G) Any building or facility where human births occur on a
regular and ongoing basis and which is classified by the Depart-
ment of Human Resources as a birthing center.
The term institution shall exclude all physicians and dentists
private offices and treatment rooms in which such dentists or physi-
cians primarily see, consult with, and treat patients.
GEORGIA LAWS 1982 SESSION
867
Part 3
Section 4. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
CRIMES HABITUAL VIOLATORS.
Code Section 40-5-58 Amended.
No. 1250 (House Bill No. 1554).
AN ACT
To amend Code Section 40-5-58 of the Official Code of Georgia
Annotated, relating to habitual violators, so as to change the defini-
tion of the term habitual violator; to remove reckless driving from
consideration in determining a habitual violator; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 40-5-58 of the Official Code of Georgia
Annotated, relating to habitual violators, is amended by striking
subsection (a) in its entirety and inserting in lieu thereof a new
subsection (a) to read as follows:
868
GENERAL ACTS AND RESOLUTIONS, VOL. I
(a) As used in this Code section, habitual violator means any
person who has been convicted in any of the United States:
(1) Three or more times of:
(A) Voluntary or involuntary manslaughter resulting
from the operation of a motor vehicle;
(B) Homicide by vehicle in the first or second degree;
(C) Committing any offense covered under Code Sec-
tions 40-6-391 through 40-6-395 or of violating the law of any
other state or of a valid municipal or county ordinance
substantially conforming to any offense covered under Code
Sections 40-6-391 through 40-6-395;
(D) Operating a vehicle after cancellation, suspension,
or revocation of his operators license under any law of this
state or any law of any other state or any valid municipal or
county ordinance substantially conforming to or paralleling
the law of this state;
(E) Making a false affidavit to the department or under
any law of this state requiring the registration of motor
vehicles or regulating their operation on the highways, or
making a false statement to the department on any applica-
tion for an operators license;
(F) Using a fraudulent or fictitious license;
(G) While in a motor vehicle, fleeing or attempting to
elude a police officer;
(H) Any crime punishable as a felony under this chap-
ter or any other felony in the commission of which a motor
vehicle is used;
(I) Failure to stop and disclose his identity at the scene
of the accident on the part of a driver of a motor vehicle
involved in an accident resulting in damage to the property of
another or resulting in the death of, or injury to, another; or
GEORGIA LAWS 1982 SESSION
869
(J) Singularly or in combination, any of the offenses
described in subparagraphs (A) through (I) of this paragraph,
both inclusive; or
(2) Fifteen or more times of moving traffic offenses as
contained in Chapter 6 of this title, including those covered in
paragraph (1) of this subsection, or in the law of any other state, or
in a valid municipal or county ordinance substantially conforming
to or paralleling a similar law of Georgia, which offenses are
required to be reported to the department and the commission of
which offenses, singularly or in combination with any other
offense or offenses, statutorily requires the cancellation, suspen-
sion, or revocation of any operators license by the department or
the commission of which offenses, singularly or in combination
with any other offense or offenses, authorizes a court or the
department to impose suspension or revocation of a drivers
license.
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GRANTS TO MUNICIPALITIES.
No. 1251 (House Bill No. 1563).
AN ACT
To amend an Act providing for grants to certain incorporated
municipalities of this State to be used for any public purposes,
approved April 21,1967 (Ga. L. 1967, p. 889), as amended by an Act
approved April 12,1968 (Ga. L. 1968, p. 3696), an Act approved April
24,1975 (Ga. L. 1975, p. 1006), and an Act approved March 16,1976
(Ga. L. 1976, p. 437), so as to provide that eligible municipalities
870
GENERAL ACTS AND RESOLUTIONS, VOL. I
which fail to file or which file after the cutoff date the required
certification for funds in Fiscal Year 1982 may file or refile a late
certificate and qualify for Fiscal Year 1982 funds; to provide the
procedures connected therewith; to provide effective dates; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for grants to certain incorporated
municipalities of this State to be used for any public purposes,
approved April 21,1967 (Ga. L. 1967, p. 889), as amended by an Act
approved April 12,1968 (Ga. L. 1968, p. 3696), an Act approved April
24,1975 (Ga. L. 1975, p. 1006), and an Act approved March 16,1976
(Ga. L. 1976, p. 437), is amended by adding a new paragraph at the
end of Section 5 to read as follows:
Notwithstanding any other provisions of this Act to the contrary,
any eligible municipality which failed to file the required certification
for Fiscal Year 1982 funds or which filed the required certification
after the June 1 cutoff date may file or refile a certificate for Fiscal
Year 1982 funds on or before June 1, 1982, and regain eligibility for
Fiscal Year 1982 funds. It shall be the duty of the Director of the
Fiscal Division of the Department of Administrative Services to
include any municipality filing a late certification in the formula for
determining the amount of the grants as provided in Section 2 of this
Act and to disburse funds as though a timely certificate had been filed
by such municipality.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval and shall
be repealed effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA LAWS 1982 SESSION
871
GEORGIA ADMINISTRATIVE PROCEDURE ACT
AMENDED HEARINGS BY TELEPHONIC
COMMUNICATIONS.
Code Section 50-13-15 Amended.
No. 1252 (House Bill No. 1584).
AN ACT
To amend an Act known as the Georgia Administrative Proce-
dure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as
amended, so as to provide that hearings may be conducted by
telephonic communications with the consent of all parties; to amend
the Official Code of Georgia Annotated accordingly; to provide effec-
tive dates; to provide for automatic repeal of certain provisions of this
Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act known as the Georgia Administrative Proce-
dure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as
amended, is amended by adding at the end of Section 16 a new
subsection, to be designated subsection (e), to read as follows:
(e) Any hearing which is required or permitted hereunder may
be conducted by utilizing remote telephonic communications if the
record reflects that all parties have consented to the conduct of the
hearing by use of such communications and that such procedure will
not jeopardize the rights of any party to the hearing.
Part 2
Section 2. Chapter 13 of Title 50 of the Official Code of Georgia
Annotated, relating to administrative
procedures, is amended by striking Code Section 50-13-15 in its
entirety and inserting in lieu thereof a new Code Section 50-13-15 to
read as follows:
872
GENERAL ACTS AND RESOLUTIONS, VOL. I
50-13-15. In contested cases:
(1) Irrelevant, immaterial, or unduly repetitious evidence
shall be excluded. The rules of evidence as applied in the trial of
civil nonjury cases in the superior courts shall be followed. When
necessary to ascertain facts not reasonably susceptible of proof
under such rules, evidence not admissible thereunder may be
admitted, except where precluded by statute, if it is of a type
commonly relied upon by reasonably prudent men in the conduct
of their affairs or if it consists of a report of medical, psychiatric, or
psychological evaluation of a type routinely submitted to and
relied upon by an agency in the normal course of its business.
Agencies shall give effect to the rules of privilege recognized by
law. Objections to evidentiary offers may be made and shall be
noted in the record. Subject to these requirements, when a hearing
will be expedited and the interest of the parties will not be
prejudiced substantially, any part of the evidence may be received
in written form;
(2) Documentary evidence may be received in the form of
copies or excerpts if the original is not readily available. Upon
request, parties shall be given an opportunity to compare the copy
with the original or have it established as documentary evidence
according to the rules of evidence applicable to the superior courts
of this state;
(3) A party may conduct such cross-examination as shall be
required for a full and true disclosure of the facts;
(4) Official notice may be taken of judicially cognizable
facts. In addition, official notice may be taken of generally recog-
nized technical or scientific facts within the agencys specialized
knowledge. Parties shall be notified either before or during the
hearing, by reference in preliminary reports or otherwise, of the
material noticed, including any staff memoranda or data, and they
shall be afforded an opportunity to contest the material so
noticed. The agencys experience, technical competence, and spe-
cialized knowledge may be utilized in the evaluation of the evi-
dence; and
(5) Any hearing which is required or permitted hereunder
may be conducted by utilizing remote telephonic communications
if the record reflects that all parties have consented to the conduct
GEORGIA LAWS 1982 SESSION
873
of the hearing by use of such communications and that such
procedure will not jeopardize the rights of any party to the
hearing.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
BOATING SAFETY ZONES, ETC.
Code Section 52-7-13 Amended.
No. 1253 (House Bill No. 1601).
AN ACT
To amend Chapter 7 of Title 52 of the Official Code of Georgia
Annotated, relating to the registration, operation, and sale of water-
craft, so as to specify appropriate boating safety zones consistent with
public safety at certain dams; to prohibit the launching of power
boats in designated boating safety zones and the launching of vessels
in designated swimming areas and in safety zones at specified dams;
to provide for other matters relative to the foregoing; to provide an
effective date; to repeal conflicting laws; and for other purposes.
874
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 7 of Title 52 of the Official Code of Georgia
Annotated, relating to the registration, operation, and sale of water-
craft, is amended by striking paragraph (6) of subsection (a) of Code
Section 52-7-13 which reads as follows:
(6) The area within 500 feet of the dams at Lake Allatoona,
Carters Lake, Lake Blue Ridge, Lake Lanier, Lake Hartwell, Lake
Jackson, Lake Oconee, Lake Sinclair, Lake Sheare (Rum Creek
Reservoir), Lake Nottely, Clark Hill Reservoir, Lake Walter F.
George, West Point Lake, Bartletts Ferry, Goat Rock Reservoir,
Lake Oliver, New Savannah River Lock and Dam, Columbia Lock
and Dam (Lake George W. Andrews), Lake Worth, and Lake Sem-
inole; provided, however, this provision shall not apply to the marked
channels leading through the locks of a dam upon any navigable
waterway.,
in its entirety and substituting in lieu thereof a new paragraph (6) to
read as follows:
(6) The area downstream within 500 feet of the dam at Lake
Oconee; the area upstream within 500 feet of the dam at Lake
Jackson; the area downstream within 200 feet of the dam at Lake
Sinclair; the area upstream within 500 feet of the dam at Stevens
Creek; the area upstream within 50 feet of the Muckafoonee Creek
Dam at Lake Worth; the area downstream within 200 feet of the
power plant below the dam at Bartletts Ferry; the areas upstream
within 500 feet and downstream within 200 feet of the dam at Goat
Rock Reservoir; and the area upstream within 200 feet of the dam at
Lake Juliette (Rum Creek Reservoir).
Section 2. Said Chapter 7 is further amended by striking
subsection (b) of Code Section 52-7-13 which reads as follows:
(b) Within the boundary of a boating safety zone, it shall be
unlawful at any time to launch, float, or operate any power boat,
except lifesaving emergency or law enforcement crafts.,
in its entirety and substituting in lieu thereof a new subsection (b) to
read as follows:
GEORGIA LAWS 1982 SESSION
875
(b) Except for lifesaving, emergency, law enforcement or dam
operation and maintenance craft, it shall be unlawful to launch, float,
or operate:
(1) Any power boat within the boundaries of those boating
safety zones defined in subsection (a) of this Code section; or
(2) Any vessel within the boundaries of those boating safety
zones defined in paragraphs (5) and (6) of subsection (a) of this
Code section, provided such zones are marked in accordance with
the uniform waterway marking system.
Section 3. This Act shall become effective on November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
INSURANCE FAIR ACCESS TO INSURANCE
REQUIREMENTS ACT AMENDED.
Code Section 33-33-11 Amended.
No. 1254 (House Bill No. 1618).
AN ACT
To amend an Act relating to fair access to insurance requirements,
approved February 14,1975 (Ga. L. 1975, p. 22), so as to change the
date upon which the Act will cease to be effective; to amend the
Official Code of Georgia Annotated accordingly; to provide effective
dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
876
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 1
Section 1. An Act relating to fair access to insurance require-
ments, approved February 14,1975 (Ga. L. 1975, p. 22), is amended by
replacing Section 10 with a new Section 10 to read as follows:
Section 10. Termination-outstanding obligations. This Act shall
no longer be of any force or effect after December 31,1986, or after the
expiration of the Urban Property Protection and Reinsurance Act of
1968, as amended, or any reenactment of the same, whichever shall
last occur, except that obligations incurred by the Association to be
established pursuant to the provision of this Act shall not be impaired
by the expiration of this Act and such Association shall be continued
for the purpose of performing such obligations.
Part 2
Section 2. Chapter 33 of Title 33 of the OFficial Code of Georgia
Annotated, relating to fair access to insurance requirements, is
amended by replacing Code Section 33-33-11 with a new Code Section
33-33-11 to read as follows:
33-33-11. This chapter shall no longer be of any force or effect
after December 31,1986, or after the expiration of the Urban Prop-
erty Protection and Reinsurance Act of 1968 or any reenactment of
the same, whichever shall last occur, except that obligations incurred
by the association to be established pursuant to this chapter shall not
be impaired by the expiration of this chapter and such association
shall be continued for the purpose of performing such obligations.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
877
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
SUPERIOR COURT CLERKS VACANCIES.
Code Sections 24-2704, 15-6-56 Amended.
No. 1255 (House Bill No. 1631).
AN ACT
To amend Code Section 24-2704, relating to vacancies in the office
of clerk of the superior court, as amended, so as to change the
provisions relating to filling vacancies; to provide that certain provi-
sions relating to vacancies shall not apply to other county officers; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide effective dates; to provide for automatic repeal of certain provi-
sions of this Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 24-2704, relating to vacancies in the
office of clerk of the superior court, as amended, is amended by
striking subsection (b) in its entirety and inserting in lieu thereof 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; provided, however, that in no event shall the
878
GENERAL ACTS AND RESOLUTIONS, VOL. I
chief deputy clerk serve past the date that the successor is qualified
immediately upon the expiration of the term of office in which the
vacancy was created. 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. The provisions of this subsec-
tion shall only be applicable to the clerk of the superior court and
shall not be applicable to other county officers.
Part 2
Section 2. Code Section 15-6-56 of the Official Code of Georgia
Annotated, relating to vacancies in the office of clerk of the superior
court, is amended by striking subsection (c) in its entirety and
inserting in lieu thereof a new subsection (c) to read as follows:
(c) 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 15-6-59, the chief deputy clerk
shall succeed the clerk of the superior court if a vacancy occurs. The
chief deputy clerk shall serve until January 1 following the next
general election which is held more than 30 days after the date the
vacancy occurs; provided, however, that in no event shall the chief
deputy clerk serve past the date that the successor is qualified
immediately upon the expiration of the term of office in which the
vacancy was created. If a portion of the original term will remain
unexpired after January 1, then a person to fill the vacancy for the
remainder of the unexpired term shall be elected at such general
election. In any such case, the other provisions of law for filling such a
vacancy shall not apply. The provisions of this subsection shall only
be applicable to the clerk of the superior court and shall not be
applicable to other county officers.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
GEORGIA LAWS 1982 SESSION
879
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
SUPERIOR COURTS FEES FOR FILING
FINANCING STATEMENTS.
Code Section 15-6-77 Amended.
No. 1256 (House Bill No. 1634).
AN ACT
To amend Code Section 15-6-77 of the Official Code of Georgia
Annotated, relating to fees in superior courts, so as to change the fees
for recording and indexing financing statements; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 15-6-77 of the Official Code of Georgia
Annotated, relating to fees in superior courts, is amended by striking
paragraph (5) of subsection (c) of said Code section in its entirety and
inserting in lieu thereof a new paragraph (5) to read as follows:
880
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 pro-
vided in Code Section 11-9-403.... 3.50
No fee shall be charged for filing a termination
of a financing statement, as pro-
vided in Code Section 11-9-404,
when the original financing state-
ment was filed subsequent to April
1, 1963. No fee shall be charged for
filing an assignment that is indi-
cated on the original financing
statement, as provided in Code Sec-
tion 11-9-405.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA LAWS 1982 SESSION
881
DEPARTMENTS OF FAMILY AND CHILDREN
SERVICES, DESTRUCTION OF RECORDS.
Code Section 49-3-8 Amended.
No. 1257 (House Bill No. 1642).
AN ACT
To amend an Act relating to the destruction of obsolete records by
the county departments of family and children services, approved
February 5, 1953 (Ga. L. 1953, p. 17), so as to change the time of
retention of such records from five years to three years; to provide for
other matters relative thereto; to amend the Official Code of Georgia
Annotated accordingly; to provide effective dates; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act relating to the destruction of obsolete records
by the county departments of family and children services, approved
February 5,1953 (Ga. L. 1953, p. 17), is amended by striking Section 1
in its entirety and inserting in lieu thereof a new Section 1 to read as
follows:
Section 1. Any county department of family and children
services, at the discretion of the county director, may destroy public
assistance case records which have been inactive for three years or
more, as well as related statistical and financial forms and reports. A
record must be retained beyond the three-year period as long as a
federal or State audit of that record is in progress, or if an audits
findings have not been resolved, or if the case in question is the
subject of pending administrative or judicial litigation.
Section 2. Said Act is further amended by striking Section 2
which reads as follows:
Section 2. The destruction of these records shall be accom-
plished as prescribed by the State Department of Public Wel-
fare., in its entirety.
882
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 2
Section 3. Code Section 49-3-8 of the Official Code of Georgia
Annotated, relating to the destruction of records of county depart-
ments of family and children services, is amended by striking said
Code section in its entirety and inserting in lieu thereof a new Code
Section 49-3-8 to read as follows:
49-3-8. Any county department of family and children services,
at the discretion of the county director, may destroy public assistance
case records which have been inactive for three years or more, as well
as related statistical and financial forms and reports. A record must
be retained beyond the three-year period as long as a federal or state
audit of that record is in progress, or if an audits findings have not
been resolved, or if the case in question is the subject of pending
administrative or judicial litigation.
Part 3
Section 4. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA LAWS 1982 SESSION
883
GEORGIA PUBLIC ASSISTANCE ACT OF 1965
AMENDED.
Code Section 49-4-3 Amended.
No. 1258 (House Bill No. 1695).
AN ACT
To amend an Act known as the Georgia Public Assistance Act of
1965, approved March 30,1965 (Ga. L. 1965, p. 385), as amended, so
as to provide that the commissioner of the Department of Human
Resources may delegate responsibility for the development and issu-
ance of procedural manuals for certain public assistance programs to
the director of the Division of Family and Children Services; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act known as the Georgia Public Assistance Act
of 1965, approved March 30,1965 (Ga. L. 1965, p. 385), as amended,
is amended by striking subsection (b) of Section 3 in its entirety and
inserting in lieu thereof a new subsection (b) to read as follows:
(b) This Act shall be administered by the Department of
Human Resources, including the county departments of family and
children services acting under the direction and supervision of the
commissioner of the Department of Human Resources. In adminis-
tering this Act the Department of Human Resources, including the
county departments of family and children services acting under the
direction and supervision of the director of the Division of Family and
Children Services shall:
(1) Provide for maximum cooperation with other agencies,
public and private, of this state, of other states, and of the federal
government in rendering services to maintain and strenghten
family life and to help applicants for public assistance and recipi-
ents to attain self-support or self-care;
884
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Establish and enforce such rules and regulations as may
be necessary or desirable to carry out the provisions of this Act;
provided, however, that the commissioner of the Department of
Human Resources may delegate to the director of the Division of
Family and Children Services the responsibility for the develop-
ment and issuance of procedural manuals;
(3) Cooperate in all necessary respects with agencies of the
United States government in the administration of this Act, and
accept any funds, goods, or services available to the Department of
Human Resources for public assistance and for other welfare
programs and projects;
(4) Enter into reciprocal and cooperative agreements with
other agencies of the state which shall include agreements with the
Georgia Department of Public Health, now Department of
Human Resources, for medical participation in the health service
aspects of planning, and medical supervision of the delivery, and
the evaluation of health care services and with agencies of any
other state relative to the providing of assistance or service to
residents and nonresidents; and
(5) Make reports at such times and in such forms as may be
required by agencies of the United States government.
Part 2
Section 2. Code Section 49-4-3 of the Official Code of Georgia
Annotated, relating to the establishment of categories of public
assistance and the administration of certain public assistance pro-
grams, is amended by striking subsection (b) of said Code section in
its entirety and inserting in lieu thereof a new subsection (b) to read
as follows:
(b) This article shall be administered by the Department of
Human Resources, including the county departments of family and
children services acting under the direction and supervision of the
commissioner. In administering this article the department, includ-
ing the county departments acting under the direction and supervi-
sion of the director of the Division of Family and Children Services,
shall:
GEORGIA LAWS 1982 SESSION
885
(1) Provide for maximum cooperation with other agencies,
public and private, of this state, of other states, and of the federal
government in rendering services to maintain and strenghten
family life and to help applicants for public assistance and recipi-
ents to attain self-support or self-care;
(2) Establish and enforce such rules and regulations as may
be necessary or desirable to carry out this article; provided,
however, that the commissioner of the Department of Human
Resources may delegate to the director of the Division of Family
and Children Services the responsibility for the development and
issuance of procedural manuals;
(3) Cooperate in all necessary respects with agencies of the
United States government in the administration of this article,
and accept any funds, goods, or services available to the depart-
ment for public assistance and for other welfare programs and
projects;
(4) Enter into reciprocal and cooperative agreements with
other agencies of this state and with agencies of any other state
relative to the providing of assistance or service to residents and
nonresidents; and
(5) Make reports at such times and in such form as may be
required by agencies of the United States government.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
886
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
CORPORATION CODE AMENDED FEES, ETC.
Code Title 22 Amended.
Code Title 14 Amended.
No. 1259 (House Bill No. 1706).
AN ACT
To amend Code Title 22, relating to corporations, as amended, so
as to change certain fees; to remove language relating to the payment
of fees required in certain civil actions and proceedings; to amend the
Official Code of Georgia Annotated accordingly; to provide for effec-
tive dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Title 22, relating to corporations, as amended, is
amended by striking paragraph (3) of subsection (c) of Code Section
22-803 in its entirety and inserting in lieu thereof a new paragraph (3)
to read as follows:
(3) A check, draft or money order in the amount of $18 payable
to the clerk of the superior court of the county where the initial
registered office of the corporation is to be located, in payment of the
cost of filing the articles of incorporation in said county.
Section 2. Said Code title is further amended by striking
paragraph (3) of subsection (c) of Code Section 22-905 ill its entirety
and inserting in lieu thereof a new paragraph (3) to read as follows:
GEORGIA LAWS 1982 SESSION
887
(3) A check, draft, or money order in the amount of $17 payable
to the clerk of the superior court of the county where the registered
office of the corporation is located on the day of delivery of the
articles of amendment to the Secretary of State, in payment of the
cost of filing the articles of amendment in said county.
Section 3. Said Code title is further amended by striking
paragraph (4) of subsection (g) of Code Section 22-907 in its entirety
and inserting in lieu thereof a new paragraph (4) to read as follows:
(4) A check, draft, or money order in the amount of $17 payable
to the clerk of the superior court of the county where the registered
office of the corporation is located on the day of delivery of the
restated articles of incorporation to the Secretary of State, in pay-
ment of the cost of filing the restated articles of incorporation in said
county.
Section 4. Said Code title is further amended by striking
paragraph (3) of subsection (d) of Code Section 22-1004 in its entirety
and inserting in lieu thereof a new paragraph (3) to read as follows:
(3) A check, draft, or money order in the amount of $17 payable
to the clerk of the superior court of the county where the registered
office of the surviving or new corporation is to be located, in payment
of the cost of filing the articles of merger or articles of consolidation in
said county.
Section 5. Said Code title is further amended by striking
paragraph (3) of subsection (b) of Code Section 22-1313 in its entirety
and inserting in lieu thereof a new paragraph (3) to read as follows:
(3) A check, draft, or money order in the amount of $17 payable
to the clerk of the superior court of the county where the registered
office of the corporation is located on the day of delivery of the
articles of dissolution to the Secretary of State, in payment of the cost
of filing the articles of dissolution in said county.
Section 6. Said Code title is further amended by striking
paragraph (1) of subsection (b) of Code Section 22-3107 in its entirety
and inserting in lieu thereof a new paragraph (1) to read as follows:
(1) A check, draft, or money order in the amount of $17 payable
to the clerk of the superior court of the county where the registered
888
GENERAL ACTS AND RESOLUTIONS, VOL. I
office of the corporation is located on the day of delivery of the
articles of dissolution to the Secretary of State, in payment of the cost
of filing the articles of dissolution in said county.
Part 2
Section 7. Title 14 of the Official Code of Georgia Annotated,
relating to corporations, is amended by striking paragraph (3) of
subsection (c) of Code Section 14-2-172 in its entirety and inserting in
lieu thereof a new paragraph (3) to read as follows:
(3) A check, draft, or money order in the amount of $18.00
payable to the clerk of the superior court of the county where the
initial registered office of the corporation is to be located, in payment
of the cost of filing the articles of incorporation in said county;.
Section 8. Said title is further amended by striking paragraph
(3) of subsection (c) of Code Section 14-2-194 in its entirety and
inserting in lieu thereof a new paragraph (3) to read as follows:
(3) A check, draft, or money order in the amount of $17.00
payable to the clerk of the superior court of the county where the
registered office of the corporation is located on the day of delivery of
the articles of amendment to the Secretary of State, in payment of the
cost of filing the articles of amendment in said county;.
Section 9. Said title is further amended by striking paragraph
(4) of subsection (g) of Code Section 14-2-196 in its entirety and
inserting in lieu thereof a new paragraph (4) to read as follows:
(4) A check, draft, or money order in the amount of $17.00
payable to the clerk of the superior court of the county where the
registered office of the corporation is located on the day of delivery of
the restated articles of incorporation to the Secretary of State, in
payment of the cost of filing the restated articles of incorporation in
said county.
Section 10. Said title is further amended by striking paragraph
(3) of subsection (d) of Code Section 14-2-213 in its entirety and
inserting in lieu thereof a new paragraph (3) to read as follows:
(3) A check, draft, or money order in the amount of $17.00
payable to the clerk of the superior court of the county where the
GEORGIA LAWS 1982 SESSION
889
registered office of the surviving or new corporation is to be located, in
payment of the cost of filing the articles of merger or articles of
consolidation in said county;.
Section 11. Said title is further amended by striking paragraph
(3) of subsection (b) of Code Section 14-2-282 in its entirety and
inserting in lieu thereof a new paragraph (3) to read as follows:
(3) A check, draft, or money order in the amount of $17.00
payable to the clerk of the superior court of the county where the
registered office of the corporation is located on the day of delivery of
the articles of dissolution to the Secretary of State, in payment of the
cost of filing the articles of dissolution in said county.
Section 12. Said title is further amended by striking paragraph
(1) of subsection (b) of Code Section 14-3-216 in its entirety and
inserting in lieu thereof a new paragraph (1) to read as follows:
(1) A check, draft, or money order in the amount of $17.00
payable to the clerk of the superior court of the county where the
registered office of the corporation is located on the day of delivery of
the articles of dissolution to the Secretary of State, in payment of the
cost of filing the articles of dissolution in said county; and.
Part 3
Section 13. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
890
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 14. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 13,1982.
SALE OF ALCOHOLIC BEVERAGES ON
CHRISTMAS DAY.
Code Section 3-3-20 Amended.
No. 1260 (House Bill No. 1752).
AN ACT
To amend Code Section 3-3-20 of the Official Code of Georgia
Annotated, relating to the sale of alcoholic beverages on Sundays and
election days, so as to authorize the governing authority of any county
or municipality to prohibit the sale of alcoholic beverages on
Christmas Day; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 3-3-20 of the Official Code of Georgia
Annotated, relating to the sale of alcoholic beverages on Sundays and
election days, is amended by striking said Code section in its entirety
and inserting in lieu thereof a new Code Section 3-3-20 to read as
follows:
3-3-20. (a) Except as specifically authorized by law, no person
knowingly and intentionally shall sell or offer to sell alcoholic bever-
ages on:
(1) Sunday; or
(2) An election day. As used in this paragraph, the term
election day means that period of time beginning with the
GEORGIA LAWS 1982 SESSION
891
opening of the polls and ending with the closing of the polls. The
prohibition of this Code 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 territo-
rial boundaries shall not include any property owned or operated
by a county, municipality, or other political subdivision of this
state for airport purposes, if no person resides on such publicly
owned or operated property. As used in this paragraph, the term
election means any state-wide primary election and the state-
wide general election and any runoff held for any such election.
Except as provided in this paragraph, in all counties of this state
having a population of 35,000 or more according to the United
States decennial census of 1980 or any future such census the local
governing authorities of such counties and the local governing
authorities of municipalities located in such counties may deter-
mine by local ordinance, resolution, or referendum whether such
sales shall be permitted on local election days; provided, however,
that this paragraph shall not apply to any governing authority
which has not authorized the sale of alcoholic beverages.
(b) The governing authority of any county or municipality may,
by ordinance or resolution, prohibit the sale of alcoholic beverages on
Christmas Day.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
892
GENERAL ACTS AND RESOLUTIONS, VOL. I
CONTRACTS FOR PUBLICATION OF REPORTS OF
SUPREME COURT AND COURT OF APPEALS, ETC.
Code Chapter 90-2 Amended.
Code Title 50, Chapter 18 Amended.
No. 1261 (House Bill No. 1783).
AN ACT
To amend Code Chapter 90-2, relating to reports of the Supreme
Court and the Court of Appeals, as amended, so as to delete certain
requirements that the state publisher of court reports publish or
maintain certain prior volumes of the reports of the Supreme Court of
Georgia and reports of the Court of Appeals of Georgia; to change the
provisions relating to the sale of copies of the reports which are unsold
during the term of the contract for publication; to provide for other
matters concerning publication of such reports; to amend the Official
Code of Georgia Annotated accordingly; to provide effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 90-2, relating to reports of the Supreme
Court and the Court of Appeals, as amended, is amended by striking
subsections a. and b. of Code Section 90-212 in their entirety and
inserting in lieu thereof new subsections a. and b. to read as follows:
a. In addition to the reports to be furnished to the State as
previously provided, the Publisher shall produce a sufficient number
for sale to the citizens of the State. The Publisher shall at all times
during his contract keep on hand in the capital city of the State an
adequate supply of the reports such publisher has published during
that contract period for sale to the citizens of the State and to the
State when it so requires.
b. In the event the Publisher does not have in stock any report
published during the contract period that is needed by the State or
any citizen of the State, the Reporter shall, upon notice to the
Publisher, declare said contract breached and the Publisher shall
become liable to the State for a sum to be assessed by the Reporter
GEORGIA LAWS 1982 SESSION
893
payable to the State for each week that the report is not available, but
in no event, shall the total of the sum assessed by the Reporter exceed
the amount of the Publishers bond. In the event of undue delay, the
Reporter may declare the contract ended. The bond given by the
Publisher shall be liable for any sum assessed.
Section 2. Said Code Chapter is further amended by striking
Code Section 90-215 in its entirety and inserting in lieu thereof a new
Code Section 90-215 to read as follows:
90-215. Same; means of reproduction. During the term of his
contract, the Publisher will maintain the means to reproduce any
volume published during the term of the contract at a time subse-
quent to the printing of that volume.
Section 3. Said Code Chapter is further amended by striking
Code Section 90-217, which reads as follows:
90-217. Publisher; sale of old reports; sale of means of reproduc-
tion. a. Upon the expiration of his contract, the Publisher in the
event he does not become his own successor may sell to his successor
all unsold copies of the reports, provided he and his successor can
agree upon satisfactory terms therefor, but if no satisfactory trade is
made with his successor the Publisher may hold said unsold copies for
the purpose of sale; the price of any such unsold copies shall remain
the same as fixed by the contract under which said unsold copies shall
have been published.
b. Upon the expiration of his contract, the Publisher in the event
he does not become his own successor, will provide to his successor the
means by which to reproduce prior volumes. In the event there is a
failure to reach an agreement on the price of these means of reproduc-
tion, the Reporter, shall determine the price to be paid by the new
Publisher to the old Publisher for the means of reproduction of
previous volumes.,
in its entirety and inserting in lieu thereof a new Code Section 90-217
to read as follows:
90-217. Upon the expiration of his contract, the publisher may
sell all unsold copies of the reports to any person, firm, corporation, or
entity, public or private. The price of any such copies shall remain
the same as fixed by the contract under which such copies were
published.
894
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 2
Section 4. Article 2 of Chapter 18 of Title 50 of the Official
Code of Georgia Annotated, relating to court reports, is amended by
striking subsections (a) and (b) of Code Section 50-18-32 in their
entirety and inserting in lieu thereof new subsections (a) and (b) to
read as follows:
(a) In addition to the reports to be furnished to the state as
previously provided, the publisher shall produce a sufficient number
for sale to the citizens of the state. The publisher shall at all times
during his contract keep on hand in the capital city of the state an
adequate supply of the reports such publisher has published during
that contract period for sale to the citizens of the state and to the state
when it so requires.
(b) In the event the publisher does not have in stock any report
published during the contract period that is needed by the state or
any citizen of the state, the reporter shall, upon notice to the
publisher, declare the contract breached; and the publisher shall
become liable to the state for a sum, to be assessed by the reporter,
payable to the state for each week that the report is not available but
in no event shall the total of the sum assessed by the reporter exceed
the amount of the publishers bond. In the event of undue delay, the
reporter may declare the contract ended. The bond given by the
publisher shall be liable for any sum assessed.
Section 5. Said article is further amended by striking Code
Section 50-18-35 in its entirety and inserting in lieu thereof a new
Code Section 50-18-35 to read as follows:
50-18-35. During the term of his contract, the publisher shall
maintain the means to reproduce any volume published during the
term of the contract at a time subsequent to the printing of that
volume.
Section 6. Said article is further amended by striking Code
Section 50-18-36, which reads as follows:
50-18-36. (a) Upon the expiration of his contract, the pub-
lisher, in the event he does not become his own successor, may sell to
his successor all unsold copies of the reports, provided he and his
successor can agree upon satisfactory terms therefor; but, if no
GEORGIA LAWS 1982 SESSION
895
satisfactory trade is made with his successor, the publisher may hold
the unsold copies for the purpose of sale. The price of any such unsold
copies shall remain the same as fixed by the contract under which the
unsold copies were published.
(b) Upon the expiration of his contract, the publisher, in the
event he does not become his own successor, will provide to his
successor the means by which to reproduce prior volumes. In the
event there is a failure to reach an agreement on the price of these
means of reproduction, the reporter shall determine the price to be
paid by the new publisher to the old publisher for the means of
reproduction of previous volumes.,
in its entirety and inserting in lieu thereof a new Code Section 50-18-
36 to read as follows:
50-18-36. Upon the expiration of his contract, the publisher
may sell all unsold copies of the reports to any person, firm, corpora-
tion, or entity, public or private. The price of any such copies shall
remain the same as fixed by the contract under which such copies
were published.
Part 3
Section 7. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
896
GENERAL ACTS AND RESOLUTIONS, VOL. I
STATE PERSONNEL BOARD PUBLIC SCHOOL
EMPLOYEE DEFINED, ETC.
No. 1262 (House Bill No. 153).
AN ACT
To amend an Act authorizing the State Personnel Board to
provide a health insurance plan for public school employees,
approved April 24,1975 (Ga. Laws 1975, p. 1194), as amended by an
Act approved April 8,1980 (Ga. Laws 1980, p. 1538), so as to change
the provisions relative to the definition of a public school employee;
to change the provisions relative to contributions; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act authorizing the State Personnel Board to
provide a health insurance plan for public school employees,
approved April 24,1975 (Ga. Laws 1975, p. 1194), as amended by an
Act approved April 8, 1980 (Ga. Laws 1980, p. 1538), is hereby
amended by adding at the end of subsection (a) of Section 1 the
following:
It is specifically provided, however, that the term public school
employee shall not include any emergency or temporary employee or
any other employee who works in a position otherwise covered by
such term less than 60% of the time required to carry out the duties of
such position.,
so that when so amended said subsection (a) shall read as follows:
(a) A public school employee means an employee as defined
in subsection (5) of Section 2 of an Act establishing a retirement
system for public school employees in the State public schools and
other State-supported schools, approved April 30, 1969 (Ga. Laws
1969, p. 998), as the same now exists or may hereafter be amended.
Public school employee also means classroom aides, par-
aprofessionals, and noncertified administrative and clerical person-
nel. It is specifically provided, however, that the term public school
employee shall not include any emergency or temporary employee or
any other employee who works in a position otherwise covered by
such term less than 60% of the time required to carry out the duties of
such position.
GEORGIA LAWS 1982 SESSION
897
Section 2. Said Act is further amended by striking from the last
sentence of Section 10 the word employer and inserting in lieu
thereof the word employee so that when so amended Section 10
shall read as follows:
Section 10. During any period in which an employee is covered
under the health insurance plan authorized by this Act prior to the
date of his retirement, there shall be withheld from each salary
payment of such employee, as his share of the cost of coverage under
this plan, such portion of the premium or subscription charges under
the terms of any contract or contracts issued in accordance with this
Act as may be established by the Board. During any month in which
benefits are being paid by a public school employees retirement
system to an individual so covered under this program, contributions
shall be deducted from such payments in the amounts prescribed by
the Board with the consent of the recipient. The State Department of
Education shall contribute to said Health Insurance Fund such
portion of the costs of such benefits as may be established by the
Board to maintain the employee contributions consistent with other
health insurance plans administered by the Board.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 13,1982.
ELECTIONS DISTRIBUTION OF FEES, ETC.
Code Sections 34-1013, 21-2-131 Amended.
No. 1263 (House Bill No. 364).
AN ACT
To amend Code Section 34-1013, relating to qualification fees and
distribution of fees, as amended, so as to change the provisions
relating to the distribution of fees; to provide for other matters
898
GENERAL ACTS AND RESOLUTIONS, VOL. I
relative thereto; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 34-1013, relating to qualification fees
and distribution of fees, as amended, is amended by striking said
Code section in its entirety and inserting in lieu thereof a new Code
section to read as follows:
34-1013. (a) Qualification fees for party and public offices
shall be fixed and published as follows:
(1) The governing authority of any county, not later than
March 1 in any year in which a general primary or election is to be
held (except that in the year 1970 such date shall be April 1), and
at least 20 days prior to the election in the case of a special
election, shall fix and publish a qualifying fee for each county or
militia district office to be filled in the upcoming primary or
election. Such fee shall be three per cent, of the annual salary of
the office if a salaried office. If not a salaried office, a reasonable
fee shall be set by the county governing authority, such fee not to
exceed three per cent, of the income derived from such office by
the person holding the office for the preceding year, except that
the fee for the office of justice of the peace shall be $10.
(2) Within the same time limitation, the Secretary of State
shall fix and publish a qualifying fee for any candidate qualifying
by this method with a State political party and each non-primary
candidate filing with the Secretary of State his notice of candidacy
for the general or special election. Such fee shall be three per cent,
of the annual salary of the office if a salaried office, except that the
fee for members of the General Assembly shall be $400. If not a
salaried office, a reasonable fee shall be set by the Secretary of
State, such fee not to exceed three per cent, of the income derived
from such office by the person holding the office for the preceding
year;
(3) A reasonable qualifying fee may be set according to
party rule for each party office to be filled in a primary. Such fees
GEORGIA LAWS 1982 SESSION
899
shall be set and published by the county or State political party
not later than March 1 of the year in which the primary is to be
held for the filling of such party office (except that in the year 1970
the date shall be April 1).
(b) Qualifying fees shall be paid as follows:
(1) The qualifying fee for a candidate in a primary shall be
paid to the county or State political party at the time the candi-
date qualifies;
(2) The qualifying fee for all other candidates shall be paid
to the superintendent or Secretary of State at the time the notice
of candidacy is filed by the candidate.
(c) Qualifying fees shall be pro-rated and distributed as follows:
(1) Fees paid to the county political party: 50 per cent, to be
retained by the county political party with which the candidate
qualified; 50 per cent, to be transmitted to the superintendent of
the county with the partys certified list of candidates not later
than noon of the third Wednesday in June in the case of a general
primary, and by noon of the day following the closing of qualifica-
tions in the case of a special primary. Such fees shall be trans-
mitted as soon as practicable by the superintendent to the govern-
ing authority of the county, to be applied toward the cost of the
primary and election;
(2) Fees paid to the State political party: 50 per cent, to be
retained by the State political party; 50 per cent, to be transmitted
to the Secretary of State with the partys certified list of candi-
dates not later than noon of the third Wednesday in June in the
case of a general primary, and by noon of the day following the
closing of qualifications in the case of a special primary. Such fees
shall be transmitted as soon as practicable by the Secretary of
State as follows: one-third to the State treasury, and two-thirds to
the governing authority of the county or counties in the district in
which the candidate runs, such fees to be applied toward the cost
of holding the primary and election. If the office sought by the
candidate is filled by the vote of electors of more than one county,
then such fee shall be divided among the counties involved in
proportion to the vote cast by each county in the preceding
presidential election;
900
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Qualification fees paid to the superintendent of the
county shall be transmitted by the superintendent as soon as
practicable to the general fund of the governing authority of the
county, to be applied toward the cost of holding the election;
(4) Qualification fees paid to the Secretary of State shall be
pro-rated and distributed as follows: 25 per cent, to be transmitted
to the State treasury; 75 per cent, to be transmitted to the
governing authority of the county or counties in the district in
which the candidate runs, such fees to be applied toward the
payment of the cost of holding the election. If the office sought by
the candidate is filled by the vote of electors of more than one
county, then such fee shall be divided among the counties involved
in proportion to the vote cast by each county in the preceding
presidential election.
Part 2
Section 2. Code Section 21-2-131 of the Official Code of Georgia
Annotated, relating to fixing and publishing of qualification fees, is
amended by striking said Code section in its entirety and inserting in
lieu thereof a new Code Section 21-2-131 to read as follows:
21-2-131. (a) Qualification fees for party and public offices
shall be fixed and published as follows:
(1) The governing authority of any county, not later than
March 1 of any year in which a general primary or election is to be
held, and at least 20 days prior to the election in the case of a
special election, shall fix and publish a qualifying fee for each
county or militia district office to be filled in the upcoming
primary or election. 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 be set by the county 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, except that
the fee for the office of justice of the peace shall be $10.00;
(2) Within the same time limitation as provided in subsec-
tion (a) of this Code section, the Secretary of State shall fix and
publish a qualifying fee for any candidate qualifying by this
method with a state political party and each nonprimary candi-
date filing with the Secretary of State his notice of candidacy for
GEORGIA LAWS 1982 SESSION
901
the general or special election. Such fee shall be 3 percent of the
annual salary of the office if a salaried office, except that the fee
for members of the General Assembly shall be $400.00. If not a
salaried office, a reasonable fee shall be set by the Secretary of
State, such fee not to exceed 3 percent of the income derived from
such office by the person holding the office for the preceding year;
(3) A reasonable qualifying fee may be set according to
party rule for each party office to be filled in a primary. Such fees
shall be set and published by the county or state political party not
later than March 1 of the year in which the primary is to be held
for the filhng of such party office.
(b) Qualifying fees shall be paid as follows:
(1) The qualifying fee for a candidate in a primary shall be
paid to the county or state political party at the time the candidate
qualifies;
(2) The qualifying fee for all other candidates shall be paid
to the superintendent or Secretary of State at the time the notice
of candidacy is filed by the candidate.
(c) Qualifying fees shall be prorated and distributed as follows:
(1) Fees paid to the county political party: 50 percent to be
retained by the county political party with which the candidate
qualified; 50 percent to be transmitted to the superintendent of
the county with the partys certified list of candidates not later
than 12:00 Noon of the third Wednesday in June in the case of a
general primary and by 12:00 Noon of the day following the closing
of qualifications in the case of a special primary. Such fees shall be
transmitted as soon as practicable by the superintendent to the
governing authority of the county, to be applied toward the cost of
the primary and election;
(2) Fees paid to the state political party: 50 percent to be
retained by the state political party; 50 percent to be transmitted
to the Secretary of State with the partys certified list of candi-
dates not later than 12:00 Noon of the third Wednesday in June in
the case of a general primary and by 12:00 Noon of the day
following the closing of qualifications in the case of a special
primary. Such fees shall be transmitted as soon as practicable by
902
GENERAL ACTS AND RESOLUTIONS, VOL. I
the Secretary of State as follows: one-third to the state treasury
and two-thirds to the governing authority of the county or coun-
ties in the district in which the candidate runs, such fees to be
applied toward the cost of holding the primary and election. If the
office sought by the candidate is filled by the vote of electors of
more than one county, such fee shall be divided among the
counties involved in proportion to the vote cast by each county in
the preceding presidential election;
(3) Qualification fees paid to the superintendent of the
county shall be transmitted by the superintendent as soon as
practicable to the general fund of the governing authority of the
county, to be applied toward the cost of holding the election;
(4) Qualification fees paid to the Secretary of State shall be
prorated and distributed as follows: 25 percent to be transmitted
to the state treasury; 75 percent to be transmitted to the governing
authority of the county or counties in the district in which the
candidate runs, such fees to be applied toward the payment of the
cost of holding the election. If the office sought by the candidate is
filled by the vote of electors of more than one county, such fee
shall be divided among the counties involved in proportion to the
vote cast by each county in the preceding presidential election.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
903
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
ARCHITECTS REGISTRATION, ETC.
Code Sections 84-321, 43-4-14 Amended.
No. 1264 (House Bill No. 425).
AN ACT
To amend Code Chapter 84-3, relating to architects, as amended,
so as to change the provisions relating to the exemption of certain
persons from registering as architects; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 84-3, relating to architects, as
amended, is amended by striking from Code Section 84-321, relating
to employers of registered architects, professional engineers, and
others, as amended, the following:
$50,000.00,
and inserting in lieu thereof the following:
$100,000.00,
so that when so amended Code Section 84-321 shall read as follows:
904
GENERAL ACTS AND RESOLUTIONS, VOL. I
84-321. Employees of registered architects, professional engi-
neers and others.In order to safeguard life and property no person
shall be allowed to practice architecture unless he has the qualifica-
tions and competency required by this Chapter. Nothing contained
in this Chapter shall prevent draftsmen, students, project representa-
tives, administrators and other employees of those lawfully practicing
as registered architects under the provisions of this Chapter, from
acting under the instructions, control or direction of their employers.
No person shall be required to register as an architect in order to
make plans and specifications for or supervise the erection, enlarge-
ment, or alteration of any building upon any farm for the use of any
farmer, or any one or two-family residence buildings, regardless of
cost, or any domestic out-building appurtenant to any. such one or
two-family residences regardless of cost, or of any other type building
costing less than $100,000.00 (except schools, auditoriums, or other
buildings intended for the mass assemblage of people or group
housing projects whether they be single, double or multi-family). Nor
shall anything in this Chapter be held to prevent registered profes-
sional engineers or their employees or subordinates under their
responsible supervising control from performing architectural ser-
vices which are purely incidental to their engineering practice, pro-
vided, however, that registered architects or their employees or
subordinates under their responsible supervising control may per-
form engineering services which are purely incidental to their archi-
tectural practice. However, no professional engineer shall practice
architecture or use the designation architect or any term derived
therefrom unless registered under this Chapter, and no architect shall
practice professional engineering or use the term engineer or any
term derived therefrom unless he also is qualified and registered as
such engineer as provided by law. Otherwise any person who shall be
engaged in the planning or design for the erection, enlargement or
alteration of any building or group of buildings for others, or furnish-
ing architectural administration of construction contracts thereof
shall be deemed to be practicing architecture and be required to
register under this Chapter, and to secure all renewals of such
registration as conditioned precedent to his so doing. The term
building in this Chapter shall be as defined under Section 84-301.
Part 2
Section 2. Code Section 43-4-14 of the Official Code of Georgia
Annotated, relating to employees of registered architects, profes-
sional engineers, and others, is amended by striking said Code section
GEORGIA LAWS 1982 SESSION
905
in its entirety and inserting in lieu thereof a new Code Section 43-4-14
to read as follows:
43-4-14. In order to safeguard life and property, no person shall
be allowed to practice architecture unless he has the qualifications
and competency required by this chapter. Nothing contained in this
chapter shall prevent draftsmen, students, project representatives,
administrators, and other employees of those lawfully practicing as
registered architects under this chapter from acting under the
instructions, control, or direction of their employers. No person shall
be required to register as an architect in order to make plans and
specifications for or supervise the erection, enlargement, or alteration
of any building upon any farm for the use of any farmer, or any one- or
two-family residence buildings, regardless of cost, or any domestic
out-building appurtenant to any such one- or two-family residences
regardless of cost, or of any other type building costing less than
$100,000.00 (except schools, auditoriums, or other buildings intended
for the mass assemblage of people or group housing projects whether
they be single, double, or multifamily). Nothing in this chapter shall
be held to prevent registered professional engineers or their employ-
ees or subordinates under their responsible supervising control from
performing architectural services which are purely incidental to their
engineering practice; provided, however, that registered architects or
their employees or subordinates under their responsible supervising
control may perform engineering services which are purely incidental
to their architectural practice. However, no professional engineer
shall practice architecture or use the designation architect* or any
term derived therefrom unless registered under this chapter; and no
architect shall practice professional engineering or use the term
engineer or any term derived therefrom unless he also is qualified
and registered as an engineer as provided by law. Otherwise, any
person who is engaged in the planning or design for the erection,
enlargement, or alteration of any building or group of buildings for
others or furnishing architectural administration of construction
contracts thereof shall be deemed to be practicing architecture and be
required to register under this chapter and to secure all renewals of
such registration as a condition precedent to his so doing.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
906
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
HOUSING AUTHORITIES LAW AMENDED.
Code Section 8-3-52 Amended.
No. 1265 (House Bill No. 634).
AN ACT
To amend the Housing Authorities Law, approved March 30,
1937 (Ga. L. 1937, p. 310), as amended, particularly by an Act
approved March 23, 1939 (Ga. L. 1939, p. 112), an Act approved
February 10,1951 (Ga. L. 1951, p. 219), an Act approved February 21,
1951 (Ga. L. 1951, p. 612), and an Act approved February 24, 1961
(Ga. L. 1961, p. 54), so as to delete certain references to the State
Housing Authority Board which was abolished by said 1961 amenda-
tory Act; to prohibit certain acts of commissioners in connection with
selection of depositories in which they have an interest; to provide for
all related matters; to amend the Official Code of Georgia Annotated
so as to change the provisions relating to disclosure and abstention
requirements for interested commissioners and employees; to provide
effective dates; to provide for automatic repeal of certain provisions
of this Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
907
Part 1
Section 11 The Housing Authorities Law, approved March 30,
1937 (Ga. L. 1937, p. 310), as amended, particularly by an Act
approved March 23, 1939 (Ga. L. 1939, p. 112), an Act approved
February 10,1951 (Ga. L. 1951, p. 219), an Act approved February 21,
1951 (Ga. L. 1951, p. 612), and an Act approved February 24, 1961
(Ga. L. 1961, p. 54), is amended by striking the first paragraph of
Section 5 and inserting in lieu thereof a new paragraph to read as
follows:
When the governing body of a city adopts a resolution as afore-
said, it shall promptly notify the mayor of such adoption. Upon
receiving such notice the mayor shall appoint five persons as commis-
sioners of the authority created for such city. In the event the mayor
fails or refuses to submit appointments within 30 days after notice
from the governing body of approval of resolution of necessity or
termination of existing appointments, the governing body may
appoint the commissioners of the authority created for said city.
When the governing body of a county adopts a resolution as aforesaid,
said body shall appoint five persons as commissioners of the authority
created for said county. The commissioners who are first appointed
shall be designated to serve for terms of one, two, three, four and five
years, respectively from the date of their appointment, but thereafter
commissioners shall be appointed as aforesaid for a term of office of
five years except that all vacancies shall be filled for the unexpired
term. No commissioner of an authority may be an officer or employee
of the city or county for which the authority is created. A
commissioner shall hold office until his successor has been appointed
and has qualified. A certificate of the appointment or reappointment
of any commissioner shall be filed with the clerk and such certificate
shall be conclusive evidence of the due and proper appointment of
such commissioner. A commissioner shall receive no compensation
for his services, but he shall be entitled to the necessary expenses,
including traveling expenses, incurred in the discharge of his duties.
Section 2. Said Act is further amended by adding at the end of
Section 6 the following:
However, in the selection of a depository for funds of the
authority, any commissioner who has a financial interest in the
depository under consideration shall disclose his interest and abstain
from taking any part in the consideration of or voting on the selection
of the depository.,
908
GENERAL ACTS AND RESOLUTIONS, VOL. I
so that when so amended said Section 6 shall read as follows:
Section 6. Interested commissioners or employees. No commis-
sioner or employee of the authority shall voluntarily acquire any
interest, direct or indirect, in any project or in any property included
or planned to be included in any project, or in any contract or
proposed contract in connection with any project. Where the acquisi-
tion is not voluntary, such commissioner or employee shall immedi-
ately disclose such interest in writing to the authority and such
disclosure shall be entered upon the minutes of the authority. Upon
such disclosure such commissioner or employee shall not participate
in any action by the authority involving such project, property or
contract, respectively. If any commissioner or employee of the
authority previously owned or controlled an interest, direct or indi-
rect, in any project or in any property included or planned to be
included in any project, or in any contract or proposed contract in
connection with any project, he shall immediately disclose such
interest in writing to the authority and such disclosure shall be
entered upon the minutes of the authority. Upon such disclosure
such commissioner or employee shall not participate in any action by
the authority involving such project, property, or contract, respec-
tively. A commissioner shall not participate in any action concerning
the employment to a remunerative position of the person who
appointed said commissioner to office. Any violation of the provi-
sions of this section shall constitute misconduct in office. This section
shall not be applicable to the acquisition of any interest in notes or
bonds of the authority issued in connection with any project or the
execution of agreements by banking institutions for the deposit or
handling of funds in connection with a project or to act as trustee
under any trust indenture. However, in the selection of a depository
for funds of the authority, any commissioner who has a financial
interest in the depository under consideration shall disclose his
interest and abstain from taking any part in the consideration of or
voting on the selection of the depository.
Part 2
Section 3. Chapter 3 of Title 8 of the Official Code of Georgia
Annotated, relating to housing generally, is amended by striking Code
Section 8-3-52 in its entirety and inserting in lieu thereof a new Code
Section 8-3-52 to read as follows:
GEORGIA LAWS 1982 SESSION
909
8-3-52. (a) No commissioner or employee of the authority
shall voluntarily acquire any interest, direct or indirect, in any project
or in any property included or planned to be included in any project,
or in any contract or proposed contract in connection with any
project. Where the acquisition is not voluntary, such commissioner or
employee shall immediately disclose such interest in writing to the
authority and such disclosure shall be entered upon the minutes of
the authority. Upon such disclosure, such commissioner or employee
shall not participate in any action by the authority involving such
project, property, or contract, respectively.
(b) If any commissioner or employee of the authority previously
owned or controlled an interest, direct or indirect, in any project or in
any property included or planned to be included in any project, or in
any contract or proposed contract in connection with any project, he
shall immediately disclose such interest in writing to the authority
and such disclosure shall be entered upon the minutes of the author-
ity. Upon such disclosure, such commissioner or employee shall not
participate in any action by the authority involving such project,
property, or contract, respectively.
(c) A commissioner shall not participate in any action concern-
ing the employment to a remunerative position of the person who
appointed said commissioner to office.
(d) In the selection of a depository for funds of the authority,
any commissioner who has a financial interest in the depository under
consideration shall disclose his interest and abstain from taking any
part in the consideration of or voting on the selection of the deposi-
tory.
(e) Any violation of this Code section shall constitute miscon-
duct in office.
(f) This Code section shall not be applicable to the acquisition of
any interest in notes or bonds of the authority issued in connection
with any project, or to the execution of agreements by banking
institutions for the deposit or handling of funds in connection with a
project, or to agreements by such institutions to act as trustee under
any trust indenture.
910
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 4. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
CRIMINAL PROCEDURE BAIL IN CRIMINAL
CASES.
Code Section 17-6-1 Amended.
No. 1266 (House Bill No. 723).
AN ACT
To amend Chapter 6 of Title 17 of the Official Code of Georgia
Annotated, relating to bonds and recognizances, so as to change the
provisions relating to bail; to prohibit bail under certain circum-
stances; to provide procedures for certain persons charged with
crimes to seek bail; to provide for appeals; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 6 of Title 17 of the Official Code of Georgia
Annotated, relating to bonds and recognizances, is amended by
striking Code Section 17-6-1 in its entirety and inserting in lieu
thereof a new Code Section 17-6-1 to read as follows:
GEORGIA LAWS 1982 SESSION
911
17-6-1. (a) The offenses of rape, armed robbery, aircraft
hijacking, treason, murder, aggravated assault, and perjury and the
offenses of giving, selling, offering for sale, bartering, or exchanging of
any narcotic drug are bailable only before a judge of the superior
court; and the granting of bail is, in every case except as otherwise
provided in subsection (b), a matter of sound discretion. All other
offenses are bailable by a court of inquiry. At no time, either before a
court of inquiry, when indicted, after a motion for a new trial is made,
or while an appeal is pending, shall any person charged with a
misdemeanor be refused bail.
(b) (1) The following persons shall not be entitled to or
released on bail:
(A) Any person charged with committing a felony listed
in paragraph (2) of this subsection who has previously been
convicted of the commission of a felony listed in paragraph
(2);
(B) Any person charged with committing a felony listed
in paragraph (2) of this subsection while such person is on
probation or parole with respect to a felony listed in para-
graph (2); or
(C) Any person charged with committing a felony listed
in paragraph (2) of this subsection while such person is on bail
or has been released on his own recognizance for a felony
listed in paragraph (2).
(2) The felonies to which paragraph (1) of this subsection
apply are:
(A) Murder;
(B) Rape;
(C) Armed robbery;
(D) Kidnapping;
(E) Arson;
912
GENERAL ACTS AND RESOLUTIONS, VOL. I
(F) Burglary;
(G) Aircraft hijacking;
(H) Manufacturing, distributing, delivering, dispens-
ing, administering, selling, or possessing with intent to distri-
bute any controlled substance classified under Code Section
16-13-25 as Schedule I or under Code Section 16-13-26 as
Schedule II; or
(I) Aggravated assault.
(c) Notwithstanding the provisions of subsection (b), any person
who is not entitled to bail as provided in subsection (b) may petition
the superior court requesting that he be released on bail. The court
shall notify the district attorney and set a date for a hearing within
ten days after the receipt of such petition. The court shall be
authorized to release the person charged with a felony listed in
paragraph (2) of subsection (b) on bail or his own recognizance if the
court finds that the person:
(1) Poses no significant risk of fleeing from the jurisdiction
of the court or failing to appear in court when required; and
(2) Poses no significant threat or danger to any person, or to
the community, or to any property in the community; and
(3) Poses no significant risk of committing any felony pend-
ing trial; and
(4) Poses no significant risk of intimidating witnesses or
otherwise obstructing the administration of justice.
If the person charged with a felony listed in paragraph (2) of
subsection (b) or the prosecuting attorney is aggrieved by a decision
of the court, such order may be appealed.
(d) Appeal bonds shall terminate when the right of appeal
terminates, and such bonds shall not be effective as to any petition or
application for writ of certiorari unless the court in which the petition
or application is filed so specifies.
GEORGIA LAWS 1982 SESSION
913
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
DISPLAY OF MOTTO AND FLAGS IN
CLASSROOMS, ETC.
Code Section 50-3-4.1 Enacted.
No. 1267 (House Bill No. 856).
AN ACT
To provide that posters or framed copies representing our
national motto and American flag may be displayed in each public
elementary and secondary school library and classroom in this state
and in each public building or facility in this state which is main-
tained or operated by state funds; to provide the method of acquiring
such copies or posters; to amend the Official Code of Georgia Anno-
tated accordingly; to provide effective dates; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. (a) Local school superintendents of the public schools
in this state and the appropriate administrative officials of the
various institutions and agencies of this state, provided that sufficient
funds or the items themselves are available as provided in subsection
(b) of this section, are authorized to place a durable poster or framed
copy representing the following which may be displayed in each
public elementary and secondary school library and classroom in this
state and in each public building or facility in this state which is
maintained or operated by state funds:
914
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Our national motto, In God We Trust;
(2) A true and correct representation of the American Flag,
which shall be centered under the national motto; and
(3) A true and correct representation of the Georgia state
flag.
(b) The copies or posters authorized by this Act shall either be
donated or shall be purchased solely with funds made available
through voluntary contributions to the local school boards in the case
of displays in public schools or to the Georgia Building Authority in
the case of displays in state buildings and facilities.
Part 2
Section 2. Article 1 of Chapter 3 of Title 50 of the Official Code of
Georgia Annotated, relating to state and other flags, is amended by
adding a new Code Section 50-3-4.1 to read as follows:
50-3-4.1. (a) Local school superintendents of the public
schools in this state and the appropriate administrative officials of
the various institutions and agencies of this state, provided that
sufficient funds or the items themselves are available as provided in
subsection (b) of this Code section, are authorized to place a durable
poster or framed copy representing the following which may be
displayed in each public elementary and secondary school library and
classroom in this state and in each public building or facility in this
state which is maintained or operated by state funds:
(1) Our national motto, In God We Trust;
(2) A true and correct representation of the American flag,
which shall be centered under the national motto; and
(3) A true and correct representation of the Georgia state
flag.
(b) The copies or posters authorized by this Code section shall
either be donated or shall be purchased solely with funds made
available through voluntary contributions to the local school boards
in the case of displays in public schools or to the Georgia Building
Authority in the case of displays in state buildings and facilities.
GEORGIA LAWS 1982 SESSION
915
Part 3
Section 3. A copy of this Act shall be mailed directly to each
school board in this state. A copy of this Act shall be mailed directly
to each board member, school superintendent, and curriculum direc-
tor of the state school system of Georgia.
Section 4. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
LIENS ON PROPERTY HELD IN POSSESSION BY
CERTAIN DEPOSITORIES.
Code Title 44, Chapter 14 Amended.
No. 1268 (House Bill No. 901).
AN ACT
To amend an Act which gives an express lien to involuntary,
gratuitous, or naked depositories on property held in their possession,
approved March 27, 1947 (Ga. Laws 1947, p. 1165), so as to create a
lien on certain property found in repossessed automobiles; to provide
for notice to the owner of such property; to provide for the disposition
of such property; to provide for the disposition of proceeds; to provide
916
GENERAL ACTS AND RESOLUTIONS, VOL. I
for other matters relative to the foregoing; to amend the Official Code
of Georgia Annotated accordingly; to provide effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act which gives an express lien to involuntary,
gratuitous, or naked depositories on property held in their possession,
approved March 27,1947 (Ga. Laws 1947, p. 1165), is hereby amended
by adding at the beginning of the first sentence of Section I of said
Act the following:
Except as provided in Section IIA,,
so that when so amended Section I of said Act shall read as follows:
Section I. Except as provided in Section IIA, Involuntary
Gratuitous or Naked Depositories shall have a lien on property in
their possession for any expense incurred in caring for the property
and any expenses incurred in the effort to locate the owner thereof.
Where the property consists of closed trunks, suitcases, bags, boxes,
bundles, packages, etc., which do not on the outside thereof contain
marks from which the owner can be ascertained, such Depositories
are authorized, but not required, to open said container for the
purpose of ascertaining, if possible, the name and address of the
owner. Where the owner and his address are known, the Depository is
authorized, but not required, to address a registered notice to such
owner, that the Depository holds such property which will be deliv-
ered to the owner on reasonable identification and payment of any
charges that have accrued for caring for said property and giving such
notice.
Section 2. Said Act is further amended by striking from the first
sentence of Section II of said Act the following:
Any,
and substituting in lieu thereof the following:
Except as provided in Section IIA, any,
GEORGIA LAWS 1982 SESSION
917
so that when so amended Section II of said Act shall read as follows:
Section II. Except as provided in Section IIA, any property in
the possession of an Involuntary Gratuitous or Naked Depository
remaining unclaimed or unidentified, or the reasonable expense
incurred in connection with the same remains unpaid, for the period
of six months from the time said property came into the possession of
such Depositories, may be sold at public auction to the highest bidder
at such time and place as may be designated by such Depository;
provided that such Depositories shall have published a notice con-
taining a general description of the property and the time and place of
sale once a week for two successive weeks prior to the date of sale in a
newspaper of general circulation in the place of sale, or the nearest
place thereto.
Section 3. Said Act is further amended by adding between
Section II and Section III of said Act a new Section to read as follows:
Section IIA. (a) Any person who lawfully repossesses a motor
vehicle shall be an Involuntary Gratuitous or Naked Depository of
any personal property found in such motor vehicle and shall have a
lien on such property for any reasonable expenses incurred in storing
such property or in giving notice to such owner.
(b) Within 10 days of the date of repossession, the person
repossessing such motor vehicle shall notify the owner of the motor
vehicle of the intent to dispose of the personal property. Such notice
must be actual notice, but may be by personal service or by service by
Certified Mail.
(c) If the personal property is not redeemed within 30 days from
the date of the first notice, a second notice shall be sent in the same
manner as provided in subsection (b).
(d) If the personal property is not redeemed within 30 days from
the date of the second notice, the personal property may be disposed
of in the manner most expeditious to the Depository without further
liability; and the proceeds shall be disbursed in accordance with
Section III of this Act.
918
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 2
Section 4. Part 5 of Article 8 of Chapter 14 of Title 44 of the
Official Code of Georgia Annotated, relating to depositories, is
amended by striking Code Section 44-14-410 in its entirety and
inserting in its place a new Code Section 44-14-410 to read as follows:
44-14-410. Except as provided in Code Section 44-14-411.1,
involuntary, gratuitous, or naked depositories shall have a lien on the
property in their possession for any expense incurred in caring for the
property and any expenses incurred in the effort to locate the owner
thereof. Where the property consists of closed trunks, suitcases, bags,
boxes, bundles, packages, or other containers which do not on the
outside contain marks from which the owner can be ascertained, such
depositories are authorized, but are not required, to open such
containers for the purpose of ascertaining, if possible, the name and
address of the owner. Where the owner and his address are known, the
depository is authorized, but is not required, to address a notice by
registered or certified mail to the owner notifying him that the
depository holds the property and that the property will be delivered
to the owner upon reasonable identification and payment of any
charges that have accrued in caring for the property and in giving
such notice.
Section 5. Said part is further amended by striking Code Section
44-14-411 in its entirety and inserting in its place a new Code Section
44-14-411 to read as follows:
44-14-411. Except as provided in Code Section 44-14-411.1, any
property in the possession of an involuntary, gratuitous, or naked
depository, which property remains unclaimed or unidentified or the
reasonable expense incurred in connection with which remains
unpaid for the period of six months from the time the property came
into the possession of the depository, may be sold at public auction to
the highest bidder at such time and place as may be designated by the
depository; provided, however, that the depositories shall publish a
notice containing a general description of the property and the time
and place of sale once a week for two successive weeks prior to the
date of the sale in a newspaper of general circulation in the place of
the sale or the nearest place thereto.
Section 6. Said part is further amended by adding immediately
following Code Section 44-14-411 a new Code section, to be desig-
nated Code Section 44-14-411.1 to read as follows:
GEORGIA LAWS 1982 SESSION
919
44-14-411.1. (a) Any person who lawfully repossesses a motor
vehicle shall be an involuntary, gratuitous, or naked depository of any
personal property found in such motor vehicle and shall have a lien on
such property for any reasonable expenses incurred in storing such
property or in giving notice to such owner.
(b) Within ten days of the date of repossession, the person
repossessing such motor vehicle shall notify the owner of the motor
vehicle of the intent to dispose of the personal property. Such notice
must be actual notice, but may be by personal service or by service by
Certified Mail.
(c) If the personal property is not redeemed within 30 days from
the date of the first notice, a second notice shall be sent in the same
manner as provided in subsection (b) of this Code section.
(d) If the personal property is not redeemed within 30 days from
the date of the second notice, the personal property may be disposed
of in the manner most expeditious to the depository without further
liability and the proceeds shall be disbursed as provided in Code
Section 44-14-412.
Section 7. Said part is further amended by striking Code Section
44-14-412 in its entirety and inserting in its place a new Code Section
44-14-412 to read as follows:
44-14-412. The proceeds of any sale made under Code Sections
44-14-410,44-14-411, and 44-14-411.1 shall be applied to the payment
of any expense incurred in caring for the property sold, any expense
incurred in endeavoring to locate and make delivery of the property
to the owner, any expense of advertising the sale, and any other
necessary expenses. Should there be a balance, the balance shall be
payable to the owner of the property; provided, however, that any
claim of an owner shall be barred unless made within one year from
the date of the sale.
Part 3
Section 8. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
920
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
SALE OF PROPERTY HELD BY CERTAIN
DEPOSITORIES.
Code Section 44-14-411 Amended.
No. 1269 (House Bill No. 902).
AN ACT
To amend an Act which gives an express lien to involuntary,
gratuitous, or naked depositories on property held in their possession,
approved March 27,1947 (Ga. L. 1947, p. 1165), so as to change the
time such depository must hold such property; to amend the Official
Code of Georgia Annotated accordingly; to provide for effective dates;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act which gives an express lien to involuntary,
gratuitous, or naked depositories on property held in their possession,
approved March 27, 1947 (Ga. L. 1947, p. 1165), is amended by
striking Section II in its entirety and substituting in lieu thereof a new
Section II to read as follows:
GEORGIA LAWS 1982 SESSION
921
Section II. Except as provided in Section IIA, any property in
the possession of an Involuntary Gratuitous or Naked Depository
remaining unclaimed or unidentified, or the reasonable expense
incurred in connection with the same remains unpaid, for the period
of two months from the time said property came into the possession of
such Depositories, may be sold at public auction to the highest bidder
at such time and place as may be designated by such Depository;
provided that such Depositories shall have published a notice con-
taining a general description of the property and the time and place of
sale once a week for two successive weeks prior to the date of sale in a
newspaper of general circulation in the place of sale, or the nearest
place thereto.
Part 2
Section 2. Code Section 44-14-411 of the Official Code of
Georgia Annotated, relating to depositories of involuntary, gratu-
itous, or naked deposits, is amended by striking said Code section in
its entirety and substituting in lieu thereof a new Code Section 44-14-
411 to read as follows:
44-14-411. Except as provided in Code Section 44-14-411.1, any
property in the possession of an involuntary, gratuitous, or naked
depository, which property remains unclaimed or unidentified or the
reasonable expense incurred in connection with which remains
unpaid for the period of two months from the time the property came
into the possession of the depository, may be sold at public auction to
the highest bidder at such time and place as may be designated by the
depository; provided, however, that the depositories shall publish a
notice containing a general description of the property and the time
and place of sale once a week for two successive weeks prior to the
date of the sale in a newspaper of general circulation in the place of
the sale or the nearest place thereto.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
922
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
REGULATION OF PROFESSIONAL FUND
RAISING.
Code Chapter 35-10 Amended.
Code Title 43, Chapter 17 Amended.
No. 1270 (House Bill No. 1055).
AN ACT
To amend Code Chapter 35-10, relating to regulation of profes-
sional fund raising, so as to redefine the terms charitable organiza-
tion and charitable purpose; to declare crimes and penalties; to
provide for all related matters; to amend the Official Code of Georgia
Annotated accordingly; to provide effective dates; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 35-10, relating to regulation of profes-
sional fund raising, is amended by striking subsections (b) and (c) of
Code Section 35-1001, which read as follows:
(b) Charitable organization shall mean any benevolent,
philanthropic, patriotic or eleemosynary (of, relating to or supported
by charity or alms) person or one purporting to be such who solicits or
obtains contributions solicited from the general public, any part of
which is, or is purported to be, used for charitable purposes.
GEORGIA LAWS 1982 SESSION
923
(c) Charitable purpose means any charitable, benevolent,
philanthropic, patriotic, or eleemosynary purpose for religion, health,
education, social welfare, arts and humanities, environment, civic, or
public interest.,
and inserting in lieu thereof the following new subsections:
(b) Charitable organization shall mean:
(1) Any benevolent, philanthropic, patriotic, or eleemosy-
nary (of, relating to, or supported by charity or alms) person who
solicits or obtains contributions solicited from the general public,
any part of which contributions is used for charitable purposes;
and
(2) Any person who or which falsely represents himself or
itself to be a charitable organization as defined by paragraph (1) of
this subsection.
(c) Charitable purpose means:
(1) Any charitable, benevolent, philanthropic, patriotic, or
eleemosynary purpose for religion, health, education, social wel-
fare, arts uid humanities, environment, civic, or public interest; or
(2) Any purpose which is falsely represented to be a charita-
ble purpose, as defined by paragraph (1) of this subsection.
Section 2. Said Code chapter is further amended by striking
subsection (b) of Code Section 35-1018, which reads as follows:
(b) Any person who violates the provisions of this Code Chapter
shall be guilty of a misdemeanor and upon conviction shall be
punished as for a misdemeanor.,
and inserting in lieu thereof a new subsection (b) to read as follows:
(b) (1) Except as provided in paragraph (2) of this subsec-
tion, any person who violates the provisions of this Code
chapter shall be guilty of a misdemeanor.
(2) Any person who solicits funds for a charitable organiza-
tion as defined by paragraph (2) of subsection (b) of Code Section
924
GENERAL ACTS AND RESOLUTIONS, VOL. I
35-1001 or for a charitable purpose as defined by paragraph (2) of
subsection (c) of Code Section 35-1001 without complying with
the requirements of this Code chapter shall be guilty of a felony
and punished by imprisonment for not less than one nor more
than five years, by a fine of not less than $1,000.00 nor more than
$5,000.00, or by both. However, in the discretion of the trial judge,
a person violating this subsection may be sentenced as for a
misdemeanor.
Part 2
Section 3. Chapter 17 of Title 43 of the Official Code of Georgia
Annotated, relating to professional fund raisers and solicitors, is
amended by striking paragraphs (2) and (3) of Code Section 43-17-1
and inserting in their place new paragraphs to read as follows:
(2) (A) Charitable organization means any benevolent,
philanthropic, patriotic, or eleemosynary (of, relating to, or
supported by charity or alms) person, as that term is defined
in this Code section who solicits or obtains contributions
solicited from the general public, any part of which contribu-
tions are used for charitable purposes.
(B) Charitable organization also means any person
who or which falsely represents himself or itself to be a
charitable organization as defined by subparagraph (A) of
this paragraph.
(3) (A) Charitable purpose means any charitable, benev-
olent, philanthropic, patriotic, or eleemosynary purpose for
religion, health, education, social welfare, arts and humani-
ties, environment, civic, or public interest.
(B) Charitable purpose also means any purpose which
is falsely represented to be a charitable purpose as defined by
subparagraph (A) of this paragraph.
Section 4. Said chapter is further amended by striking Code
Section 43-17-19 and inserting in its place a new Code section to read
as follows:
43-17-19. (a) Except as provided in subsection (b), any
person who violates this chapter shall be guilty of a misdemeanor.
GEORGIA LAWS 1982 SESSION
925
(b) Any person who solicits funds for a charitable organization
as defined by subparagraph (B) of paragraph (2) of Code Section 43-
17-1 or for a charitable purpose as defined by subparagraph (B) of
paragraph (3) of Code Section 43-17-1 without complying with the
requirements of this chapter 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, by a fine of not less than $1,000.00
nor more than $5,000.00, or by both. However, in the discretion of the
trial judge, a person violating this subsection may be sentenced as for
a misdemeanor.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
SHERIFFS RETIREMENT FUND OF GEORGIA
ACT AMENDED.
Code Section 47-16-26 Amended.
No. 1271 (House Bill No. 1268).
AN ACT
To amend an Act creating the Sheriffs Retirement Fund of
Georgia, approved April 16,1963 (Ga. L. 1963, p. 630), as amended by
926
GENERAL ACTS AND RESOLUTIONS, VOL. I
an Act approved April 9,1968 (Ga. L. 1968, p. 1203), an Act approved
April 23,1969 (Ga. L. 1969, p. 586), an Act approved March 31,1972
(Ga. L. 1972, p. 705), an Act approved April 17,1973 (Ga. L. 1973, p.
892), an Act approved April 19, 1973 (Ga. L. 1973, p. 1414), an Act
approved March 28, 1974 (Ga. L. 1974, p. 1191), an Act approved
March 28,1974 (Ga. L. 1974, p. 1194), an Act approved April 18,1975
(Ga. L. 1975, p. 823), an Act approved April 18,1975 (Ga. L. 1975, p.
830), an Act approved February 27,1976 (Ga. L. 1976, p. 332), an Act
approved March 23,1977 (Ga. L. 1977, p. 645), an Act approved April
8,1977 (Ga. L. 1977, p. 1291), an Act approved March 14,1978 (Ga. L.
1978, p. 904), an Act approved April 3,1978 (Ga. L. 1978, p. 1668), an
Act approved April 3, 1978 (Ga. L. 1978, p. 1690), an Act approved
April 13,1979 (Ga. L. 1979, p. 994), an Act approved March 20,1980
(Ga. L. 1980, p. 461), an Act approved March 20,1980 (Ga. L. 1980, p.
768), an Act approved April 7, 1981 (Ga. L. 1981, p. 694), an Act
approved April 9,1981 (Ga. L. 1981, p. 918), an Act approved April 22,
1981 (Ga. L. 1981, p. 1853), and an Act approved April 22,1981 (Ga. L.
1981, p. 1889), so as to provide that the Board of Commissioners of
the Sheriffs Retirement Fund of Georgia may invest not more than
35 percent of the assets of the retirement fund in common stocks and
equities; to amend the Official Code of Georgia Annotated accord-
ingly; to provide effective dates; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act creating the Sheriffs Retirement Fund of
Georgia, approved April 16,1963 (Ga. L. 1963, p. 630), as amended by
an Act approved April 9,1968 (Ga. L. 1968, p. 1203), an Act approved
April 23,1969 (Ga. L. 1969, p. 586), an Act approved March 31,1972
(Ga. L. 1972, p. 705), an Act approved April 17,1973 (Ga. L. 1973, p.
892), an Act approved April 19, 1973 (Ga. L. 1973, p. 1414), an Act
approved March 28, 1974 (Ga. L. 1974, p. 1191), an Act approved
March 28,1974 (Ga. L. 1974, p. 1194), an Act approved April 18,1975
(Ga. L. 1975, p. 823), an Act approved April 18,1975 (Ga. L. 1975, p.
830), an Act approved February 27,1976 (Ga. L. 1976, p. 332), an Act
approved March 23,1977 (Ga. L. 1977, p. 645), an Act approved April
GEORGIA LAWS 1982 SESSION
927
8,1977 (Ga. L. 1977, p. 1291), an Act approved March 14,1978 (Ga. L.
1978, p. 904), an Act approved April 3,1978 (Ga. L. 1978, p. 1668), an
Act approved April 3, 1978 (Ga. L. 1978, p. 1690), an Act approved
April 13,1979 (Ga. L. 1979, p. 994), an Act approved March 20,1980
(Ga. L. 1980, p. 461), an Act approved March 20,1980 (Ga. L. 1980, p.
768), an Act approved April 7, 1981 (Ga. L. 1981, p. 694), an Act
approved April 9,1981 (Ga. L. 1981, p. 918), an Act approved April 22,
1981 (Ga. L. 1981, p. 1853), and an Act approved April 22,1981 (Ga. L.
1981, p. 1889), is amended by changing the period at the end of
Section 5 to a comma and adding the following:
except that the Board may invest not more than 35 percent of the
assets of the retirement fund in common stocks and equities.,
so that when so amended Section 5 shall read as follows:
Section 5. Said Board shall have control of the funds provided
for in this Act, and all funds received by said Board shall be deposited
in a special account to the credit of the Board of Commissioners of the
Sheriffs Retirement Fund of Georgia. The benefits provided for in
this Act and all administrative expenses shall be paid from said funds.
Said Board shall have authority to expend the funds in accordance
with the provisions of this Act and to invest the funds in any
investments which are legal for domestic life insurance companies
under the laws of this State, except that the Board may invest not
more than 35 percent of the assets of the retirement fund in common
stocks and equities.
Part 2
Section 2. Code Section 47-16-26 of the Official Code of Georgia
Annotated, relating to the power of the Board of Commissioners of
the Sheriffs Retirement Fund to control, invest, and expend funds, is
amended by changing the period at the end of subsection (a) of said
Code section to a comma and adding the following:
except that the board may invest not more than 35 percent of the
assets of the retirement fund in common stocks and equities.,
so that when so amended subsection (a) of Code Section 47-16-26
shall read as follows:
928
GENERAL ACTS AND RESOLUTIONS, VOL. I
(a) The board shall have control over the funds provided for in
this chapter, authority to expend such funds in accordance with this
chapter, and authority to invest the funds in investments which
would be permissible for domestic life insurance companies under the
laws of this state, except that the board may invest not more than 35
percent of the assets of the retirement fund in common stocks and
equities.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
FINGERPRINTING OF CHILDREN.
Code Sections 24A-3503, 15-11-60 Amended.
No. 1272 (House Bill No. 1285).
AN ACT
To amend Code Section 24A-3503, relating to childrens finger-
prints and photographs, as amended, so as to provide that finger-
prints of a child 13 or 14 years of age who is referred to the court may
be taken and filed by law enforcement officers in investigating the
GEORGIA LAWS 1982 SESSION
929
commission of certain crimes; to provide that fingerprints of a child
15 or more years of age who is referred to the court shall be taken and
filed by law enforcement officers in investigating the commission of
certain crimes; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to provide for automatic
repeal of certain provisions of this Act; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 24A-3503, relating to childrens finger-
prints and photographs, as amended, is amended by striking subsec-
tion (a) in its entirety and inserting in lieu thereof a new subsection
(a) to read as follows:
(a) No child under 13 years of age shall be fingerprinted in the
investigation of a crime except as provided in this Section. Finger-
prints of a child 13 or 14 years of age who is referred to the court may
be taken and filed by law enforcement officers and fingerprints of a
child 15 or more years of age who is referred to the court shall be taken
and filed by law enforcement officers in investigating the commission
of the following crimes: murder, voluntary manslaughter, involuntary
manslaughter, rape, robbery, armed robbery, aggravated assault,
aggravated battery, burglary, and motor vehicle theft (Code Section
26-1813).
Part 2
Section 2. Code Section 15-11-60 of the Official Code of Georgia
Annotated, relating to childrens fingerprints find photographs,
records of same, and the publication of names and pictures of
children, is amended by striking subsection (a) in its entirety and
inserting in lieu thereof a new subsection (a) to read as follows:
(a) No child under 13 years of age shall be fingerprinted in the
investigation of a crime except as provided in this Code section.
Fingerprints of a child 13 or 14 years of age who is referred to the
court may be taken and filed by law enforcement officers and
fingerprints of a child 15 or more years of age who is referred to the
court shall be taken and filed by law enforcement officers in invest-
igating the commission of the crimes of murder, voluntary man-
930
GENERAL ACTS AND RESOLUTIONS, VOL. I
slaughter, involuntary manslaughter, rape, robbery, armed robbery,
aggravated assault, aggravated battery, burglary, and motor vehicle
theft (Code Section 16-8-17).
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982!"**
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
CLAIMS ADVISORY BOARD POWERS,
DUTIES, ETC.
Code Section 28-5-85 Enacted.
No. 1273 (House Bill No. 1291).
AN ACT
To amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official
Code of Georgia Annotated, relating to claims against the state or
departments or agencies thereof, so as to provide for the payment of
certain claims against the state by the Claims Advisory Board; to
provide procedures and requirements relative thereto; to provide for
the waiver of the states immunity in connection therewith; to provide
for other matters relative to the foregoing; to provide an effective
date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
931
Be it enacted by the General Assembly of Georgia:
Section 1. Part 2 of Article 4 of Chapter 5 of Title 28 of the
Official Code of Georgia Annotated, relating to claims against the
state or departments or agencies thereof, is amended by adding at the
end of said Part 2 a new Code Section 28-5-85 to read as follows:
28-5-85. (a) Effective November 1,1982, when the total amount
of a claim against the state is $500.00 or less, the Claims Advisory
Board shall be authorized to direct the state department or agency
affected by the claim to pay the claimant such amount, not exceeding
$500.00, as may be authorized by the Claims Advisory Board pursu-
ant to the authority of this Code section.
(b) If a citizen has a claim against the state subject to the
provisions of this Code section, such person may file such claim with
the Claims Advisory Board. The Claims Advisory Board shall
promulgate rules or regulations governing the submission of claims
pursuant to this Code section. Such rules or regulations shall be
adopted under the provisions of Chapter 13 of Title 50 known as the
Georgia Administrative Procedure Act.
(c) When a claim subject to this Code section is filed with the
Claims Advisory Board, said board shall notify the department or
agency of the state government affected by such claim of the basis for
such claim, and such notice shall include any information submitted
by the claimant in support of such claim. Within 30 days after
receiving such notification, it shall be the duty of such state depart-
ment or agency to submit a report to the Claims Advisory Board
setting forth the findings of such state department or agency relative
to such claim. Said report may make a recommendation to the Claims
Advisory Board relative to the payment of such claim, but such
recommendation shall not be binding upon the Claims Advisory
Board.
(d) After reviewing and considering all information submitted
by a claimant in support of the claim against the state and the report
of the state department or agency affected by such claim, the Claims
Advisory Board shall make a determination either to pay or reject
such claim against the state. The Claims Advisory Board shall not be
bound by the total amount claimed against the state and may
authorize the payment of a lesser amount. If the Claims Advisory
Board determines that the claim against the state is justified and that
932
GENERAL ACTS AND RESOLUTIONS, VOL. I
the amount of such claim, or a portion thereof, should be paid, it shall
issue its order to the chief executive or administrative officer of the
state department or agency affected by such claim ordering such
officer, within 30 days after receipt of such order, to pay the claimant
the amount specified by the Claims Advisory Board in its order. A
copy of such order shall be mailed to the claimant. If the Claims
Advisory Board determines that the claim against the state should be
rejected, it shall notify the claimant of such rejection, and such notice
shall explain the reasons for such rejection. A copy of such notice to
the claimant shall be sent to the state department or agency affected
by the claim. The decision of the Claims Advisory Board shall be
final.
(e) The Claims Advisory Board shall not authorize or direct the
payment of any part of any claim under this Code section which is
paid or payable by insurance.
(f) Any payment made to a claimant pursuant to the authority of
this Code section shall be in full and complete settlement of any claim
against the state arising from the same occurrence, and each claimant,
as a condition precedent to receiving payment pursuant to this Code
section, shall acknowledge and agree to the requirements of this
subsection pursuant to regulations adopted by the Claims Advisory
Board for such purpose.
(g) The provisions of this Code section shall apply to any claim
against the state in the amount of $500.00 or less if the date of the
occurrence giving rise to such claim was prior to November 1,1982, if
such claim has not been the subject of a compensation resolution
introduced into the General Assembly prior to November 1, 1982.
After November 1,1982, the General Assembly shall not consider any
compensation resolution for a claim against the state if the amount of
the claim is $500.00 or less, and the provisions of this Code section
shall be the exclusive method for making such claims against the
state.
(h) The General Assembly waives the immunity of the state for
the purpose of authorizing the payment of claims against the state
pursuant to the authority of this Code section.
Section 2. This Act shall become effective on November 1,1982.
GEORGIA LAWS 1982 SESSION
933
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
AFFIDAVITS OF INDIGENCE, ETC.
Code Section 9-15-2 Amended.
No. 1274 (House Bill No. 1327).
AN ACT
To amend Code Section 9-15-2 of the Official Code of Georgia
Annotated, relating to affidavits of indigence, so as to provide that
the court may inquire into the truth of the affidavit of indigence; to
provide for the denial of the petition of indigence; to provide for other
matters relative thereto; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 9-15-2 of the Official Code of Georgia
Annotated, relating to affidavits of indigence, is amended by striking
said Code section in its entirety and substituting in lieu thereof the
following:
9-15-2. (a) (1) When any party, plaintiff or defendant, in
any action or proceeding held in any court in this state is unable to
pay any deposit, fee, or other cost which is normally required in
the court, if the party shall subscribe an affidavit to the effect that
because of his indigence he is unable to pay the costs, the party
shall be relieved from paying the costs and his rights shall be the
same as if he had paid the costs.
(2) Any other party at interest or his agent or attorney may
contest the truth of an affidavit of indigence by verifying affirma-
934
GENERAL ACTS AND RESOLUTIONS, VOL. I
tively under oath that the same is untrue. The issue thereby
formed shall be heard and determined by the court, under the
rules of the court. The judgment of the court on all issues of fact
concerning the ability of a party to pay costs or give bond shall be
final.
(b) In the absence of a traverse affidavit contesting the truth of
an affidavit of indigence, the court may inquire into the truth of the
affidavit of indigence. After a hearing, the court may order the costs
to be paid if it finds that the deposit, fee, or other cost can be paid
and, if the cost are not paid within the time permitted in such order,
may deny the relief sought.
(c) The adjudication of the issue of indigence shall not affect a
decision on the merits of the pending action.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
BOARDS OF EDUCATION COMPENSATION IN
CERTAIN COUNTIES (34,000 - 34,500).
Code Section 20-2-55 Repealed.
No. 1276 (House Bill No. 1877).
AN ACT
To repeal an Act fixing the compensation of members of boards of
education in counties having a population of not less than 34,000 and
not more than 34,500, approved April 6,1981 (Ga. L. 1981, p. 529); to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide for construction with other Acts; to provide effective dates; to
repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
935
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act fixing the compensation of members of boards
of education in counties having a population of not less than 34,000
and not more than 34,500, approved April 6, 1981 (Ga. L. 1981, p.
529), is repealed in its entirety.
Part 2
Section 2. Code Section 20-2-55 of the Official Code of Georgia
Annotated is amended by replacing subsection (b), which reads as
follows:
(b) Any other provision of this Code section to the contrary
notwithstanding, in all counties of this state having a population of
not less than 34,000 and not more than 34,500 according to the United
States decennial census of 1970 or any future such census, each
member of the county board of education shall receive a per diem of
$50.00 for each day of attendance at meetings of the board and while
meeting and traveling within or outside of the state as a member of a
committee of the board on official business after first being so
authorized by a majority of the board, plus reimbursement for actual
expenses incurred in connection therewith.,
with the following:
(b) Reserved.
Part 3
Section 3. In the event of any conflict between this Act and any
other Act of the 1982 General Assembly which amends rather than
repeals the provisions of law repealed by this Act, the provisions of
such other Act shall govern over this Act.
Section 4. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
936
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
PUBLIC REVENUE TAX DUE DATES IN
CERTAIN COUNTIES (250,000 - 400,000).
Code Section 48-5-24 Amended.
No. 1280 (House Bill No. 1926).
AN ACT
To amend Chapter 5 of Title 48 of the Official Code of Georgia
Annotated, relating to ad valorem taxation of property, so as to
provide that in all counties having a population of not less than
250,000 nor more than 400,000 according to the United States decen-
nial census of 1980 or any future such census the taxes shall become
due and payable on August 15 in each year and shall become delin-
quent if not paid by October 15 of each year; to provide for penalties;
to provide for interest on unpaid taxes and penalties; to provide for
the collection of taxes, penalties, and interest in such counties; to
provide for construction; to provide for applicability; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 5 of Title 48 of the Official Code of Georgia
Annotated, relating to ad valorem taxation of property, is amended
by adding at the end of Code Section 48-5-24 a new subsection, to be
designated subsection (e), to read as follows:
GEORGIA LAWS 1982 SESSION
937
(e) In all counties 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, the taxes shall become due
and payable on August 15 in each year and shall become delinquent if
not paid by October 15 of each year. A penalty of 5 percent of the tax
due shall accrue on taxes not paid on or before October 15 of each
year, and interest shall accrue at the rate specified in Code Section 48-
2-40 on the total amount of unpaid taxes and penalty until both the
taxes and the penalty are paid. The tax collectors shall issue
executions for delinquent taxes, penalties, and interest against each
delinquent taxpayer in their respective counties. Nothing contained
in this Code section shall be construed to impose any liability for the
payment of any ad valorem taxes upon any person for property which
was not owned on January 1 of the applicable tax year.
Section 2. This Act shall become effective November 1, 1982,
and shall apply to all taxable years beginning on or after January 1,
1983.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA HEALTH CODE ALCOHOLIC OR DRUG
DEPENDENT INDIVIDUALS, ETC.
Code Title 88 Amended.
Code Title 37 Amended.
No. 1287 (House Bill No. 1274).
AN ACT
To amend Code Chapter 88, relating to public health, as amended,
so as to change the provisions relating to restraints and abuses with
respect to alcoholic or drug dependent individuals or mentally ill
938
GENERAL ACTS AND RESOLUTIONS, VOL. I
persons; to change the provisions relating to examinations in emer-
gency receiving facilities; to provide that physicians who have previ-
ously executed certificates for patients shall not be prohibited from
executing subsequent certificates for the same patient or other
patients committed under Code Chapters 88-4 or 88-5; to amend the
Official Code of Georgia Annotated accordingly; to provide effective
dates; to provide for automatic repeal of certain provisions of this Act;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 88, relating to public health, as
amended, is amended by striking Code Section 88-402.5 in its entirety
and inserting in lieu thereof a new Code Section 88-402.5 to read as
follows:
88-402.5. Restraints and abuses, (a) Mistreatment, neglect, or
abuse in any form of any patient is prohibited. Medication in
quantities that interfere with the patients treatment program is
prohibited. All medication, seclusion, or physical restraints are to be
used solely for the purposes of providing effective treatment and
protecting the safety of the patient and other persons.
(b) Physical restraints shall not be applied unless it is deter-
mined by an attending physician to be absolutely necessary to
prevent a patient from seriously injuring himself or others and is
required by his medical needs. Such determination shall expire after
24 hours. An attending physician must then make a new determina-
tion before the restraint may be continued. Every use of a restraint
and the reasons therefor shall be made a part of the clinical record of
the patient. A copy of each such entry or a summary of such entry
shall be forwarded to the chief medical officer for review. A patient
placed in physical restraint shall be checked at least every 30 minutes
by staff trained in the use of restraints and a written record of such
checks shall be made. When the application of a restraint is necessary
in emergency situations to protect the patient from immediate injury
to himself or to others, restraints may be authorized by attending
staff who must immediately report the action taken to the physician.
The facility shall have written policies and procedures which govern
the use of restraints and which clearly delineate, in descending order,
the personnel who can authorize the use of restraints in emergency
situations.
GEORGIA LAWS 1982 SESSION
939
(c) For the purposes of this section, those devices which restrain
movement, but are applied for protection from accidental injury or
required for the medical treatment of the patients physical condition
or for supportive or corrective needs of the patient, shall not be
considered physical restraints. However, devices used in such situa-
tions must be authorized and applied in compliance with the facilitys
policies and procedures. The use of such devices shall be a part of the
patients individualized treatment plan.
Section 2. Said Code chapter is further amended by striking in
its entirety Code Section 88-404.4 and inserting in lieu thereof a new
Code Section 88-404.4 to read as follows:
88-404.4. Examination in emergency receiving facility. A patient
who is received by an emergency receiving facility shall be examined
by a physician as soon thereafter as possible, but in any event within
24 hours, and may be given such emergency treatment as is indicated
by good medical practice. The patient must be released within 24
hours of his admission unless the examining physician concludes that
there is reason to believe that the patient may be an alcoholic, a drug
dependent individual, or a drug abuser requiring involuntary treat-
ment and executes a certificate to that effect within 24 hours of the
patients admission to the emergency receiving facility. Nothing in
this Chapter shall be construed to prohibit a physician who previ-
ously executed a certificate authorized by the provisions of this
Chapter from executing any other certificate provided for herein for
the same or any other patient. Within 24 hours of the execution of the
physicians certificate, the patient shall be transported, as provided in
Section 88-402.17, to an evaluating facility where he shall be received
under the provisions of Section 88-405.4.
Section 3. Said Code chapter is further amended by striking in
its entirety subsection (a) of Code Section 88-406.2 and inserting in
lieu thereof a new subsection (a) to read as follows:
(a) The patient may be detained at a facility beyond the
evaluation period, unless voluntary hospitalization is sought pursu-
ant to paragraphs (1) or (2) of Section 88-405.5(a), only upon the
recommendation of the chief medical officer of an evaluating facility
where the patient has been examined under provisions of Sections 88-
405.1 through 88-405.7, supported by the opinions of two physicians,
who have personally examined the patient within the preceding five
days, that the patient is an alcoholic, a drug dependent individual, or
940
GENERAL ACTS AND RESOLUTIONS, VOL. I
a drug abuser requiring involuntary treatment. Such recommenda-
tion of the chief medical officer and the opinions of the physicians
shall be entered on a certificate. The certificate shall be filed, along
with a petition for a hearing, in the court of the county in which the
patient is being detained for evaluation. Nothing in this Chapter shall
be construed to prohibit a physician or a chief medical officer who has
previously executed any other certificate authorized by the provisions
of this Chapter from executing a certificate provided for in this
section for the same or any other patient. The certificate and petition
shall be filed within five days, Saturdays, Sundays, and holidays
excluded, after the patient is admitted to a facility for evaluation
under Section 88-405.4. Such filing shall authorize the patient to be
retained by the facility pending completion of a full and fair hearing
under this Section. Copies of the certificate shall be served on the
patient and his representatives within five days after the certificate is
filed and shall be accompanied by:
(1) a notice that a hearing will be held and the time and
place thereof;
(2) a notice that the patient has a right to counsel and that
the patient or his representatives may apply immediately to the
court to have counsel appointed if the patient cannot afford
counsel and that the court will appoint counsel for the patient
unless the patient indicates in writing that he does not desire to be
represented by counsel;
(3) a copy of the individualized treatment plan developed
by the facility under this Chapter shall be sent to the patient and
shall be sent to the patients representative if requested by such
representative. Notice of the right to receive such plan shall be
given to the representatives at the time the treatment plan is sent
to the patient;
(4) a notice that the patient has a right to be examined by a
physician of his own choice at his own expense and to have that
physician submit a suggested treatment plan for the patient which
conforms with the requirements of Section 88-401(x); and
(5) a notice that the patient may waive in writing the
hearing described in subsection (c) of this Section.
GEORGIA LAWS 1982 SESSION
941
Section 4. Said Code chapter is further amended by striking
Code Section 88-502.5 in its entirety and inserting in lieu thereof a
new Code Section 88-502.5 to read as follows:
88-502.5. Restraints and abuses, (a) Mistreatment, neglect, or
abuse in any form of any patient is prohibited. Medication in
quantities that interfere with the patients treatment program is
prohibited. All medication, seclusion, or physical restraints are to be
used solely for the purposes of providing effective treatment and
protecting the safety of the patient and other persons.
(b) Physical restraints shall not be applied unless it is deter-
mined by an attending physician to be absolutely necessary to
prevent a patient from seriously injuring himself or others and is
required by his medical needs. Such determination shall expire after
24 hours. An attending physician must then make a new determina-
tion before the restraint may be continued. Every use of a restraint
and the reasons therefor shall be made a part of the clinical record of
the patient. A copy of each such entry or a summary of such entries
shall be forwarded to the chief medical officer for review. A patient
placed in physical restraint shall be checked at least every 30 minutes
by staff trained in the use of restraints and a written record of such
checks shall be made. When the application of a restraint is necessary
in emergency situations to protect the patient from immediate injury
to himself or to others, restraints may be authorized by attending
staff who must immediately report the action taken to the physician.
The facility shall have written policies and procedures which govern
the use of restraints and which clearly delineate, in descending order,
the personnel who can authorize the use of restraints in emergency
situations.
(c) For the purposes of this section, those devices which restrain
movement, but are applied for protection from accidental injury or
required for the medical treatment of the patients physical condition
or for supportive or corrective needs of the patient, shall not be
considered physical restraints. However, devices used in such situa-
tions must be authorized and applied in compliance with the facilitys
policies and procedures. The use of such devices shall be a part of the
patients individualized treatment plan.
Section 5. Said Code chapter is further amended by striking
Code Section 88-504.4 in its entirety and inserting in lieu thereof a
new Code Section 88-504.4 to read as follows:
942
GENERAL ACTS AND RESOLUTIONS, VOL. I
88-504.4. Examination in emergency receiving facility. A patient
who is received by an emergency receiving facility shall be examined
by a physician as soon thereafter as possible, but in any event within
24 hours, and may be given such emergency treatment as is indicated
by good medical practice. The patient must be released within 24
hours of his admission unless the examining physician concludes that
there is reason to believe that the patient may be a mentally ill person
requiring involuntary treatment and executes a certificate to that
effect within 24 hours of the patients admission to emergency
receiving facility. Nothing in this Chapter shall be construed to
prohibit a physician who previously executed a certificate authorized
by the provisions of this Chapter from executing any other certificate
provided for herein for the same or any other patient. Within 24
hours of the execution of the physicians certificate, the patient shall
be transported, as provided in Section 88-502.17, to an evaluating
facility where he shall be received under the provisions of Section 88-
505.4.
Section 6. Said Code chapter is further amended by striking in
its entirety subsection (a) of Code Section 88-506.2 and inserting in
lieu thereof a new subsection (a) to read as follows:
(a) The patient may be detained at a facility beyond the
evaluation period, unless voluntary hospitalization is sought pursu-
ant to paragraphs (1) or (2) of Section 88-505.5(a), only upon the
recommendation of the chief medical officer of an evaluating facility
where the patient has been examined under provisions of Sections 88-
505.1 through 88-505.7, supported by the opinions of two physicians,
who have personally examined the patient within the preceding five
days, that the patient is a mentally ill person requiring involuntary
treatment. Such recommendation of the chief medical officer and the
opinions of the physicians shall be entered on a certificate. The
certificate shall be filed, along with a petition for a hearing, in the
court of the county in which the patient is being detained for
evaluation. Nothing in this Chapter shall be construed to prohibit a
physician or a chief medical officer who has previously executed any
other certificate authorized by the provisions of this Chapter from
executing a certificate provided for in this section for the same or any
other patient. The certificate and petition shall be filed within five
days, Saturdays, Sundays, and holidays excluded, after the patient is
admitted to a facility for evaluation under Section 88-505.4. Such
filing shall authorize the patient to be retained by the facility pending
completion of a full and fair hearing under this Section. Copies of the

GEORGIA LAWS 1982 SESSION
943
certificate shall be served on the patient and his representatives
within five days after the certificate is filed and shall be accompanied
by:
(1) a notice that a hearing will be held and the time and
place thereof;
(2) a notice that the patient has a right to counsel and that
the patient or his representatives may apply immediately to the
court to have counsel appointed if the patient cannot afford
counsel and that the court will appoint counsel for the patient
unless the patient indicates in writing that he does not desire to be
represented by counsel;
(3) a copy of the individualized service plan developed by
the facility under this Chapter shall be sent to the patient and
shall be sent to the patients representative if requested by such
representative. Notice of the right to receive such plan shall be
given to the representatives at the time the service plan is sent to
the patient;
(4) a notice that the patient has a right to be examined by a
physician of his own choice at his own expense and to have that
physician submit a suggested service plan for the patient which
conforms with the requirements of Section 88-501 (w); and
(5) a notice that the patient may waive in writing the
hearing described in subsection (c) of this Section.
Part 2
Section 7. Title 37 of the Official Code of Georgia Annotated,
relating to mental health, is amended by striking in its entirety
subsection (a) of Code Section 37-3-43 and inserting in lieu thereof a
new subsection (a) to read as follows:
(a) A patient who is admitted to an emergency receiving facility
shall be examined by a physician as soon thereafter as possible but in
any event within 24 hours and may be given such emergency treat-
ment as is indicated by good medical practice. The patient must be
released within 24 hours of his admission unless:
944
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) The examining physician concludes that there is reason
to believe that the patient may be a mentally ill person requiring
involuntary treatment and executes a certificate to that effect
within such time; or
(2) The patient is under criminal charges, notice of which
has been given in writing to the facility, in which case a peace
officer from the law enforcement agency originally having custody
of the patient shall be required to assume physical custody of such
patient within five days after the mailing of notification to the
agency pursuant to subsection (c) of this Code section and such
patient may only be released from the facility into such custody.
Nothing in this chapter shall be construed to prohibit a physician
who previously executed a certificate authorized by the provisions of
this chapter from executing any other certificate provided for herein
for the same or any other patient.
Section 8. Said title is further amended by striking in its entirety
subsection (a) of Code Section 37-3-81 and inserting in lieu thereof a
new subsection (a) to read as follows:
(a) The patient may be detained at a facility beyond the
evaluation period unless voluntary hospitalization is sought under
Code Section 37-3-20 only upon the recommendation of the chief
medical officer of an evaluating facility where the patient has been
examined under Part 2 of this article, which recommendation is
supported by the opinions of two physicians who have personally
examined the patient within the preceding five days and who agree
that the patient is a mentally ill person requiring involuntary treat-
ment. Such recommendation of the chief medical officer and the
opinions of the physicians shall be entered on a certificate. The
certificate shall be filed along with a petition for a hearing in the court
of the county in which the patient is being detained for evaluation.
Nothing in this chapter shall be construed to prohibit a physician or a
chief fnedical officer who has previously executed any other certifi-
cate authorized by the provisions of this chapter from executing a
certificate provided for in this Code section for the same or any other
patient. The certificate and petition shall be filed within five days,
Saturdays, Sundays, and holidays excluded, after the patient is
admitted to a facility for evaluation under Code Section 37-3-63. Such
filing shall authorize detention of the patient by the facility pending
completion of a full and fair hearing under this Code section. Copies
GEORGIA LAWS 1982 SESSION
945
of the certificate shall be served on the patient and his representatives
within five days after the certificate is filed and shall be accompanied
by:
(1) A notice that a hearing will be held and the time and
place thereof;
(2) A notice that the patient has a right to counsel, that the
patient or his representatives may apply immediately to the court
to have counsel appointed if the patient cannot afford counsel,
and that in such case the court will appoint counsel for the patient
unless the patient indicates in writing that he does not desire to be
represented by counsel;
(3) A copy of the individualized service plan developed by
the facility under this chapter shall be sent to the patient and shall
be sent to the patients representative if requested by such repre-
sentative. Notice of the right to receive such plan shall be given to
the representatives at the time the service plan is sent to the
patient;
(4) A notice that the patient has a right to be examined by a
physician of his own choice at his own expense and to have that
physician submit a suggested service plan for the patient which
conforms with the requirements of paragraph (9) of Code Section
37-3-1; and
(5) A notice that the patient may waive in writing the
hearing described in subsection (c) of this Code section.
Section 9. Said title is further amended by striking in its entirety
Code Section 37-3-165 and inserting in lieu thereof a new Code
Section 37-3-165 to read as follows:
37-3-165. (a) Mistreatment, neglect, or abuse in any form of
any patient is prohibited. Medication in quantities that interfere with
the patients treatment program is prohibited. All medication,
seclusion, or physical restraints are to be used solely for the purposes
of providing effective treatment and protecting the safety of the
patient and other persons.
(b) Physical restraints shall not be applied unless they are
determined by an attending physician to be absolutely necessary in
946
GENERAL ACTS AND RESOLUTIONS, VOL. I
order to prevent a patient from seriously injuring himself or others
and are required by the patients medical needs. Such determination
shall expire after 24 hours. An attending physician must then make a
new determination before the restraint may be continued. Every use
of a restraint and the reasons therefor shall be made a part of the
clinical record of the patient. A copy of each such entry or a summary
of such entries shall be forwarded to the chief medical officer for
review. A patient placed in physical restraint shall be checked at least
every 30 minutes by staff trained in the use of restraints and a written
record of such checks shall be made. When the application of a
restraint is necessary in emergency situations to protect the patient
from immediate injury to himself or to others, restraints may be
authorized by attending staff who must immediately report the action
taken to the physician. The facility shall have written policies and
procedures which govern the use of restraints and which clearly
delineate, in descending order, the personnel who can authorize the
use of restraints in emergency situations.
(c) For the purposes of this Code section, those devices which
restrain movement, but are applied for protection from accidental
injury or required for the medical treatment of the patients physical
condition or for supportive or corrective needs of the patient, shall
not be considered physical restraints. However, devices used in such
situations must be authorized and applied in compliance with the
facilitys policies and procedures. The use of such devices shall be a
part of the patients individualized service plan.
Section 10. Said title is further amended by striking in its
entirety subsection (a) of Code Section 37-7-43 and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) A patient who is admitted to an emergency receiving facility
shall be examined by a physician as soon thereafter as possible but in
any event within 24 hours and may be given such emergency treat-
ment as is indicated by good medical practice. The patient must be
released within 24 hours of his admission unless:
(1) The examining physician concludes that there is reason
to believe that the patient may be an alcoholic, a drug dependent
individual, or a drug abuser requiring involuntary treatment and
executes a certificate to that effect within such time; or
GEORGIA LAWS 1982 SESSION
947
(2) The patient is under criminal charges, notice of which
has been given in writing to the facility, in which case a peace
officer from the law enforcement agency originally having custody
of the patient shall be required to assume physical custody of such
patient within five days after the mailing of notification to the
agency pursuant to subsection (c) of this Code section and such
patient may only be released from the facility into such custody.
Nothing in this chapter shall be construed to prohibit a physician
who previously executed a certificate authorized by the provisions of
this chapter from executing any other certificate provided for herein
for the same or any other patient.
Section 11. Said title is further amended by striking in its
entirety subsection (a) of Code Section 37-7-81 and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) The patient may be detained at a facility beyond the
evaluation period unless voluntary hospitalization is sought under
Code Section 37-7-64 only upon the recommendation of the chief
medical officer of an evaluating facility where the patient has been
examined under Part 2 of Article 3 of this chapter, which recommen-
dation is supported by the opinions of two physicians who have
personally examined the patient within the preceding five days and
who agree that the patient is an alcoholic, a drug dependent individ-
ual, or a drug abuser requiring involuntary treatment. Such recom-
mendation of the chief medical officer and the opinions of the
physicians shall be entered on a certificate. The certificate shall be
filed along with a petition for a hearing in the court of the county in
which the patient is being detained for evaluation. Nothing in this
chapter shall be construed to prohibit a physician or a chief medical
officer who has previously executed any other certificate authorized
by the provisions of this chapter from executing a certificate provided
for in this Code section for the same or any other patient. The
certificate and petition shall be filed within five days, Saturdays,
Sundays, and holidays excluded, after the patient is admitted to a
facility for evaluation under Code Section 37-7-63. Such filing shall
authorize the detention of the patient by the facility pending comple-
tion of a full and fair hearing under this Code section. Copies of the
certificate shall be served on the patient and his representatives
within five days after the certificate is filed and shall be accompanied
by:
948
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) A notice that a hearing will be held and the time and
place thereof;
(2) A notice that the patient has a right to counsel, that the
patient or his representatives may apply immediately to the court
to have counsel appointed if the patient cannot afford counsel,
and that in such case the court will appoint counsel for the patient
unless the patient indicates in writing that he does not desire to be
represented by counsel;
(3) A copy of the individualized treatment plan developed
by the facility under this chapter shall be sent to the patient and
shall be sent to the patients representative if requested by such
representative. Notice of the right to receive such plan shall be
given to the representatives at the time the treatment plan is sent
to the patient;
(4) A notice that the patient has a right to be examined by a
physician of his own choice at his own expense and to have that
physician submit a suggested treatment plan for the patient which
conforms with the requirements of paragraph (14) of Code Section
37-7-1; and
(5) A notice that the patient may waive in writing the
hearing described in subsection (c) of this Code section.
Section 12. Said title is further amended by striking Code
Section 37-7-165 in its entirety and inserting in lieu thereof a new
Code Section 37-7-165 to read as follows:
37-7-165. (a) Mistreatment, neglect, or abuse in any form of
any patient is prohibited. Medication in quantities that interfere with
the patients treatment program is prohibited. All medication,
seclusion, or physical restraints are to be used solely for the purposes
of providing effective treatment and protecting the safety of the
patient and other persons.
(b) Physical restraints shall not be applied unless they are
determined by an attending physician to be absolutely necessary in
order to prevent a patient from seriously injuring himself or others
and are required by the patients medical needs. Such determination
shall expire after 24 hours. An attending physician must then make a
new determination before the restraint may be continued. Every use
GEORGIA LAWS 1982 SESSION
949
of a restraint and the reasons therefor shall be made a part of the
clinical record of the patient. A copy of each such entry or a summary
of such entry shall be forwarded to the chief medical officer for
review. A patient placed in physical restraint shall be checked at least
every 30 minutes by staff trained in the use of restraints and a written
record of such checks shall be made. When the application of a
restraint is necessary in emergency situations to protect the patient
from immediate injury to himself or to others, restraints may be
authorized by attending staff who must immediately report the action
taken to the physician. The facility shall have written policies and
procedures which govern the use of restraints and which clearly
delineate, in descending order, the personnel who can authorize the
use of restraints in emergency situations.
(c) For the purposes of this Code section, those devices which
restrain movement, but are applied for protection from accidental
injury or required for the medical treatment of the patients physical
condition or for supportive or corrective needs of the patient, shall
not be considered physical restraints. However, devices used in such
situations must be authorized and applied in compliance with'the
facilitys policies and procedures. The use of such devices shall be a
part of the patients individualized treatment plan.
Part 3
Section 13. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 14. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 13,1982.
950
GENERAL ACTS AND RESOLUTIONS, VOL. I
SURNAMES USED AFTER MARRIAGE.
Code Sections 53-202.1, 19-3-33.1 Enacted.
No. 1288 (House Bill No. 1281).
AN ACT
To amend Code Chapter 53-2, relating to marriage licenses, so as
to provide for the determination of legal surnames which will be used
after marriage; to provide for other matters relative thereto; to amend
the Official Code of Georgia Annotated accordingly; to provide effec-
tive dates; to provide for specific repeal; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 53-2, relating to marriage licenses, is
amended by adding between Code Sections 53-202 and 53-203 a new
Code Section 53-202.1 to read as follows:
53-202.1. Determination of legal surname, (a) The form for
application for marriage licenses shall be designed and printed in
such a manner that applicants therefor shall designate the surnames
which will be used as their legal surnames after the marriage is
consummated. The legal surnames shall be designated as provided in
subsection (b) of this Code section.
(b) A spouse may use as a legal surname his or her:
(1) Given surname or, in the event the given surname has
been changed as provided in Code Chapter 79-5, the surname so
changed;
(2) Spouses surname; or
(3) Surname as provided in paragraph (1) of this subsection
in conjunction with the surname of the other spouse.
GEORGIA LAWS 1982 SESSION
951
Part 2
Section 2. Article 2 of Chapter 3 of Title 19, relating to the
marriage license and ceremony, is amended by adding between Code
Sections 19-3-33 and 19-3-34 a new Code Section 19-3-33.1 to read as
follows:
19-3-33.1. (a) The form for application for marriage licenses
shall be designed and printed in such a manner that applicants
therefor shall designate the surnames which will be used as their legal
surnames after the marriage is consummated. The legal surnames
shall be designated as provided in subsection (b) of this Code section.
(b) A spouse may use as a legal surname his or her:
(1) Given surname or, in the event the given surname has
been changed as provided in Chapter 12 of this title, the surname
so changed;
(2) Spouses surname; or
(3) Surname as provided in paragraph (1) of this subsection
in conjunction with the surname of the other spouse.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
952
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA CRIME INFORMATION CENTER
DUTIES, FUNCTIONS, ETC.
Code Sections 35-3-30, 35-3-33 Amended.
No. 1289 (House Bill No. 1284).
AN ACT
To amend an Act providing for the establishment of the Georgia
Crime Information Center, approved April 19,1973 (Ga. L. 1973, p.
1301), as amended, so as to define the term career criminal; to
change the provisions relating to the duties and functions of the
Georgia Crime Information Center; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to provide
for automatic repeal of certain provisions of this Act; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act providing for the establishment of the Georgia
Crime Information Center, approved April 19,1973 (Ga. L. 1973, p.
1301), as amended, is amended by adding at the end of Section 1 a
new subsection, to be designated subsection (f), to read as follows:
(f) Career criminal means any person who has been previously
convicted three times under the laws of this state of felonies or under
the laws of any other state or the United States of crimes which would
be felonies if committed within this state.
Section 2. Said Act is further amended by striking in its entirety
subsection (a) of Section 3 and inserting in lieu thereof a new
subsection (a) to read as follows:
(a) Obtain and file fingerprints, descriptions, photographs, and
any other pertinent identifying data on persons who:
(1) have been or are hereafter arrested or taken into custody
in this State:
GEORGIA LAWS 1982 SESSION
953
(i) for an offense which is a felony;
(ii) for an offense which is a misdemeanor or a violation
of an ordinance involving burglary tools, commercial
gambling, dealing in gambling devices, contributing to the
delinquency of a child, dealing in stolen property, dangerous
drugs, marijuana, narcotics, firearms, dangerous weapons,
explosives, pandering, prostitution, sex offenses where child-
ren are victims, or worthless checks;
(iii) for an offense charged as disorderly conduct but
which relates to an act connected with one or more of the
offenses under subparagraph (ii);
(iv) as a fugitive from justice;
(v) for any other offense designated by the Attorney
General; or
(2) are or become well-known, career criminals, or habitual
offenders, or
(3) are currently or become confined to any prison, peniten-
tiary or other penal institution, or
(4) are unidentified human corpses found in this State.
Part 2
Section 3. Chapter 3 of Title 35 of the Official Code of Georgia
Annotated, relating to the Georgia Bureau of Investigation, is
amended by adding at the end of Code Section 35-3-30 a new
paragraph, to be designated paragraph (8), to read as follows:
(8) Career criminal means any person who has been previously
convicted three times under the laws of this state of felonies or under
the laws of any other state or the United States of crimes which would
be felonies if committed within this state.
Section 4. Said chapter is further amended by striking in its
entirety paragraph (1) of Code Section 35-3-33 and inserting in lieu
thereof a new paragraph (1) to read as follows:
954
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Obtain and file fingerprints, descriptions, photographs, and
any other pertinent identifying data on persons who:
(A) Have been or are hereafter arrested or taken into
custody in this state:
(i) For an offense which is a felony;
(ii) For an offense which is a misdemeanor or a viola-
tion of an ordinance involving burglary tools, commercial
gambling, dealing in gambling devices, contributing to the
delinquency of a child, dealing in stolen property, dangerous
drugs, marijuana, narcotics, firearms, dangerous weapons,
explosives, pandering, prostitution, sex offenses where child-
ren are victims, or worthless checks;
(iii) For an offense charged as disorderly conduct but
which relates to an act connected with one or more of the
offenses under division (ii) of this subparagraph;
(iv) As a fugitive from justice; or
(v) For any other offense designated by the Attorney
General;
(B) Are or become well-known, career criminals, or habitual
offenders;
(C) Are currently or become confined to any prison, peni-
tentiary, or other penal institution; or
(D) Are unidentified human corpses found in this state.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
GEORGIA LAWS 1982 SESSION
955
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
MUTUAL AID RESOURCE PACTS FOR FIRE
PROTECTION ACT AMENDED.
Code Sections 25-6-1, 25-6-2, 25-6-3,
25-6-7, 25-6-8 Amended.
No. 1290 (House Bill No. 1292).
AN ACT
To amend an Act relating to mutual aid resource pacts for fire
protection, approved March 24, 1976 (Ga. L. 1976, p. 742), so as to
change the definition of political subdivisions which are eligible to
participate in such pacts; to change the number of political subdivi-
sions which may create such pacts; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act relating to mutual aid resource pacts for fire
protection, approved March 24,1976 (Ga. L. 1976, p. 742), is amended
by striking from Sections 1, 4, and 8 the word five wherever it
appears and inserting in its place the word two, so that all provi-
sions which formerly required the participation of five or more
political subdivisions in a pact shall require participation of only two
or more subdivisions.
956
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said Act is further amended by striking Section 2 and
inserting in its place a new section to read as follows:
Section 2. Definition. For the purposes of this Act, the term
jurisdiction is defined as a Federal agency, state agency, local
governmental subdivision of this State or an adjoining state, or
industrial or private organizations which have established fire fight-
ing departments that are responsible for fire protection services
within the area under the control, supervision and/or management of
the specific jurisdiction. A jurisdiction may be one of the following,
but is not limited to the following: towns, cities, counties outside
corporate limits, industrial complexes, specific fire protection areas,
military bases, private fire departments, volunteer fire departments,
etc.
Section 3. Said Act is further amended by striking Section 7 and
inserting in its place a new section to read as follows:
Section 7. Joining and Withdrawal. Following the initial estab-
lishment of a M.A.R.P., in accordance with procedures established in
the bylaws of the M.A.R.P., jurisdictions which do not have fire
departments may join an established M.A.R.P. upon meeting such
conditions as the Board of Directors may fix. A member jurisdiction
may withdraw from a M.A.R.P. after a vote of its governing body and
within not less than ninety (90) days after delivering written notice to
an officer of the M.A.R.P. In the event the withdrawal of one or more
jurisdictions reduces the number of members but two or more mem-
bers remain, it is intended that the remaining members should
continue with the operation of the M.A.R.P.
Part 2
Section 4. Chapter 6 of Title 25 of the Official Code of Georgia
Annotated is amended by striking Code Sections 25-6-1 and 25-6-2
and inserting in their place new Code sections to read as follows:
25-6-1. For the purposes of this chapter, the term jurisdiction
means a federal agency, a state agency, a local governmental subdivi-
sion of this state or an adjoining state, or an industrial or private
organization which has established a fire-fighting department that is
responsible for fire protection services within the area under the
control, supervision, or management of the specific jurisdiction. A
jurisdiction may be one of the following, but is not limited to the
GEORGIA LAWS 1982 SESSION
957
following: towns, cities, counties outside corporate limits, industrial
complexes, specific fire protection areas, military bases, private fire
departments, volunteer fire departments, and the like.
25-6-2. Whenever two or more jurisdictions, as defined by Code
Section 25-6-1, within or adjacent to this state, by written resolution
authorize their respective fire departments to render aid and assis-
tance in the extinguishment of fires or other immediate response
emergencies outside of their respective jurisdictions, they may, if they
so desire, form a district mutual aid system or pact, which shall be a
public corporation. It is the primary intent that such system or pact
be established for fire emergencies; however, due to the diverse
emergency services expected of fire departments, mutual aid systems
or pacts may include responses for any form of immediate response
emergency as specified by members of the system or pact. Members of
fire departments of member jurisdictions shall be considered as
officers of a public municipal corporation and shall enjoy the privi-
leges, rights, exemptions, immunities, and duties of such; and this
shall apply to paid, volunteer, or private members when responding to
or returning from rendering aid in an emergency under a mutual aid
system or a pact. As used in this chapter, pact means a mutual aid
resource pact.
Section 5. Said chapter is further amended by striking subsec-
tion (a) of Code Section 25-6-3 and inserting in its place a new
subsection to read as follows:
(a) When two or more jurisdictions desire to establish a pact,
each jurisdiction shall designate its fire chief or person or position in
charge of its fire department to act for that jurisdiction on all matters
relating to the activities and functions of the pact, once it has been
established. The jurisdiction shall designate the person or position
and its intent to be a member of a pact by a written resolution. The
resolutions shall be forwarded to the state fire marshal. Upon receipt
of at least two resolutions, the state fire marshal or his authorized
representative shall call the first organizational meeting of the system
by giving notice to all persons designated by the resolutions to act for
potential member jurisdictions. Each jurisdiction shall send its
designated person or his authorized representative to the organiza-
tional and subsequent meetings. Such person shall be entitled to one
vote in all proceedings.
958
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 6. Said chapter is further amended by striking subsec-
tion (b) of Code Section 25-6-7 and inserting in its place a new
subsection to read as follows:
(b) Not less than 90 days after delivering written notice to an
officer of the pact, a member jurisdiction may withdraw from a pact
after a vote of its governing body. In the event the withdrawal of one
or more jurisdictions reduces the number of members but two or more
members remain, it is intended that the remaining members should
continue with the operation of the pact.
Section 7. Said chapter is further amended by striking subsec-
tion (b) of Code Section 25-6-8 and inserting in its place a new
subsection to read as follows:
(b) If a nonmember jurisdiction is located within the bound-
aries of an established pact, it must become a part of that pact should
it desire to participate in mutual aid activities. If a county or counties
without member jurisdictions are encircled by counties having mem-
bers of a common pact, the jurisdictions in such county or counties
must join the pact should they desire to participate in mutual aid
activities. If a county which has no member jurisdictions borders with
counties having members of different pacts, the jurisdictions within
the county which desire to participate in mutual aid activities must:
(1) Join with one of the bordering pact counties, provided
that jurisdictions in the same county shall not be permitted to
become members of different pacts; or
(2) Organize a pact, provided two or more jurisdictions are
involved, as set forth in Code Section 25-6-2.
Part 3
Section 8. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
959
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA POST-MORTEM EXAMINATION ACT
AMENDED.
Code Section 45-16-46 Amended.
No. 1291 (House Bill No. 1299).
AN ACT
To amend the Georgia Post-Mortem Examination Act,
approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as
amended, particularly by an Act approved March 21, 1974 (Ga. L.
1974, p. 561), so as to authorize other persons than the medical
examiner or a person designated by him to draw blood to test for
intoxicating substances; to provide for immunity from liability; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide for effective dates and automatic repeal; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. The Georgia Post-Mortem Examination Act,
approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as
amended, particularly by an Act approved March 21, 1974 (Ga. L.
1974, p. 561), is amended by striking Section 28 thereof and inserting
in its place a new Section 28 to read as follows:
Section 28. When any person has been admitted to a hospital or
morgue as a result of any casualty and for any reason whatsoever is
unable to give his consent to the taking of a sample of blood for
960
GENERAL ACTS AND RESOLUTIONS, VOL. I
analytical purposes, the peace officer in charge of the investigation of
the circumstances surrounding the casualty may notify a medical
examiner for the purpose of obtaining a blood sample to test for the
presence of intoxicating substances. The blood may be drawn by the
medical examiner or at his direction. The medical examiner or his
designee shall be entitled to a fee of ten dollars ($10.00) for perform-
ing these services and shall be paid in the same manner as hereinbe-
fore set out. The peace officer may also request any licensed
physician, registered nurse, or a medical or laboratory technician who
draws blood from patients as part of his regular duties to withdraw
blood for purposes of this Section, in which event such person shall
incur no civil or criminal liability as a result of the medically proper
obtaining of such blood when requested in writing by tbe peace
officer. The blood specimen so taken shall be submitted to the Crime
Laboratory for analysis by the medical examiner or the peace officer
in charge, and a certified report submitted by the laboratory to the
submitting officer.
Part 2
Section 2. Article 2 of Chapter 16 of Title 45 of the Official Code
of Georgia Annotated, relating to post-mortem examinations, is
amended by striking Code Section 45-16-46 and inserting in its place
a new Code Section 45-16-46 to read as follows:
45-16-46. When any person has been admitted to a hospital or
morgue as a result of any casualty and for any reason whatsoever is
unable to give his consent to the taking of a sample of blood for
analytical purposes, the peace officer in charge of the investigation of
the circumstances surrounding the casualty may notify a medical
examiner for the purpose of obtaining a blood sample to test for the
presence of intoxicating substances. The blood may be drawn by the
medical examiner or at his direction. The medical examiner or his
designee shall be entitled to a fee of $10.00 for performing these
services, which fee shall be paid in the same manner as set out in Code
Section 45-16-22. The peace officer may also request any licensed
physician, registered nurse, or a medical or laboratory technician who
draws blood from patients as part of his regular duties to withdraw
blood for purposes of this Code section, in which event such person
shall incur no civil or criminal liability as a result of the medically
proper obtaining of such blood when requested in writing by the
peace officer. The medical examiner or the peace officer in charge
shall submit the blood specimens to the division for analysis; and a
GEORGIA LAWS 1982 SESSION
961
certified report shall be submitted by the division to the submitting
officer.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
TRIAL JUDGES AND SOLICITORS RETIREMENT
FUND ACT AMENDED.
Code Section 47-10-40 Amended.
No. 1292 (House Bill No. 1300).
AN ACT
To amend the Trial Judges and Solicitors Retirement Fund Act,
approved March 11,1968 (Ga. L. 1968, p. 259), as amended, particu-
larly by an Act approved April 1,1980 (Ga. L. 1980, p. 1361), so as to
authorize certain members of the fund and local retirement plans to
withdraw from membership in either the state fund or the local
retirement plan and withdraw their contributions; to provide that
members so withdrawing shall not thereafter be eligible for member-
ship; to amend the Official Code of Georgia Annotated accordingly; to
962
GENERAL ACTS AND RESOLUTIONS, VOL. I
provide effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. The Trial Judges and Solicitors Retirement Fund
Act, approved March 11, 1968 (Ga. L. 1968, p. 259), as amended,
particularly by an Act approved April 1,1980 (Ga. L. 1980, p. 1361), is
amended by adding at the end of Section 8 a new subsection (g) to
read as follows:
(g) Any person who is a member of the Trial Judges and
Solicitors Retirement Fund who by law is also required to participate
in a county retirement plan may elect to terminate his or her
membership in the Trial Judges and Solicitors Retirement Fund or
terminate his or her membership in the county retirement plan upon
giving written notice to the retirement board or governing authority
of the respective retirement plan affected.
Upon withdrawal as a member of the Trial Judges and Solicitors
Retirement Fund, he or she shall be paid the total sum paid into the
fund with interest at the rate of 6 percent per annum. Upon
withdrawal as a member of the county retirement plan, he or she shall
be paid those sums provided to be paid by the laws, rules, and
regulations governing withdrawals from that plan.
A person who withdraws from the fund or a retirement plan as
provided in this subsection (g) shall not thereafter be eligible for
membership in the fund or the retirement plan from which such
person withdraws.
Part 2
Section 2. Code Section 47-10-40, relating to membership in the
Trial Judges and Solicitors Retirement Fund, is amended by adding
at the end of the Code section a new subsection (f) to read as follows:
(f) Any person who is a member of the Trial Judges and
Solicitors Retirement Fund who by law is also required to participate
in a county retirement plan may elect to terminate his or her
membership in the Trial Judges and Solicitors Retirement Fund or
GEORGIA LAWS 1982 SESSION
963
terminate his or her membership in the county retirement plan upon
giving written notice to the retirement board or governing authority
of the respective retirement plan affected.
Upon withdrawal as a member of the Trial Judges and Solicitors
Retirement Fund, he or she shall be paid the total sum paid into the
fund with interest at the rate of 6 percent per annum. Upon
withdrawal as a member of the county retirement plan, he or she shall
be paid those sums provided to be paid by the laws, rules, and
regulations governing withdrawals from that plan.
A person who withdraws from the fund or a retirement plan as
provided in this subsection (f) shall not thereafter be eligible for
membership in the fund or the retirement plan from which such
person withdraws.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
964
GENERAL ACTS AND RESOLUTIONS, VOL. I
MOTOR VEHICLE PURCHASE OF LICENSE
PLATES BY MAIL.
Code Section 40-2-28 Amended.
No. 1293 (House Bill No. 1307).
AN ACT
To amend Code Section 40-2-28 of the Official Code of Georgia
Annotated, relating to the purchase of license plates and revalidation
stickers by mail, so as to change the amount of the additional fee; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 40-2-28 of the Official Code of Georgia
Annotated, relating to the purchase of license plates and revalidation
stickers by mail, is amended by striking Code Section 40-2-28 in its
entirety and inserting in lieu thereof a new Code Section 40-2-28 to
read as follows:
40-2-28. An applicant may purchase a vehicle license plate or
revalidation decal by mail, by mailing a properly completed applica-
tion form to the tag agent of the county of his residence along with a
money order in the amount of the license fee and all ad valorem taxes
due thereon plus an additional fee of $1.00.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA LAWS 1982 SESSION
965
TEACHERS RETIREMENT SYSTEM ACT AMENDED.
Code Sections 47-3-1, 47-3-63, 47-4-40
Amended.
No. 1294 (House Bill No. 1321).
AN ACT
To amend Chapter 3 of Title 47 of the Official Code of Georgia
Annotated, relating to the Teachers Retirement System, so as to
change the provisions relative to the definition of a teacher; to change
the provisions relating to certain members of the Public School
Employees Retirement System becoming members of the Teachers
Retirement System; to amend Code Section 47-4-40 of the Official
Code of Georgia Annotated, relating to membership in the Public
School Employees Retirement System, so as to change the provisions
relating to the option of certain members to transfer to the Teachers
Retirement 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. Chapter 3 of Title 47 of the Official Code of Georgia
Annotated, relating to the Teachers Retirement System, is amended
by striking subparagraph (E) of paragraph (28) of Code Section 47-3-
1 in its entirety and substituting in lieu thereof a new subparagraph
(E) to read as follows:
(E) Full-time public school lunchroom managers or supervi-
sors, full-time public school maintenance managers or supervisors,
full-time public school transportation managers or supervisors, and
full-time public school warehouse managers or supervisors, upon
electing to participate in the retirement system pursuant to Code
Section 47-3-63;.
Section 2. Said Chapter 3 is further amended by striking Code
Section 47-3-63 in its entirety and substituting in lieu thereof a new
Code Section 47-3-63 to read as follows:
47-3-63. (a) In accordance with Code Section 47-4-40, full-
time public school lunchroom, maintenance, or warehouse managers
or supervisors or full-time public school transportation managers or
966
GENERAL ACTS AND RESOLUTIONS, VOL. I
supervisors may elect to become members of the Teachers Retire-
ment System of Georgia. Any such personnel exercising such option
shall begin making the employee contributions required by this
chapter.
(b) Members (1) who were previously eligible for membership in
the Public School Employees Retirement System and whose duties
were or have been changed in such a manner so as to have made them
eligible for membership in the Teachers Retirement System of
Georgia and (2) any personnel specified in subsection (a) of this Code
section who elect to become members of the Teachers Retirement
System of Georgia shall be permitted to establish credit for service
rendered in a public school system prior to the date such employees
become or became members of the Teachers Retirement System of
Georgia, provided that such service would be or would have been
normally allowable as creditable service under the Public School
Employees Retirement System; provided, further, that such members
must pay the employee contributions on the salary earned by such
members during the years of service sought to be so established, plus
applicable accrued regular interest compounded annually to the dates
of payment at the rates adopted by the board of trustees. Such
members or the local boards of education by which the members are
employed at the time the service is established shall pay the employer
contributions on the earnable compensation of such members that
would have been paid to the Teachers Retirement System of Georgia,
plus applicable accrued regular interest compounded annually to the
dates of payment at the rates adopted by the board of trustees. The
State of Georgia shall be the employer of personnel specified in
subsection (a) of this Code section for the purposes of employer
contributions on membership service rendered by such members
after they become members of the Teachers Retirement System of
Georgia.
Section 3. Code Section 47-4-40 of the Official Code of Georgia
Annotated, relating to membership in the Public School Employees
Retirement System, is amended by striking subsection (d) in its
entirety and substituting in lieu thereof a new subsection (d) to read
as follows:
(d) Full-time public school lunchroom, maintenance, or war-
ehouse managers or supervisors, or full-time public school trans-
portation managers or supervisors shall have the option of becoming
members of the Teachers Retirement System of Georgia, in accord-
GEORGIA LAWS 1982 SESSION
967
ance with Code Section 47-3-63. Any of such personnel who have
heretofore exercised said option or who hereafter exercise said option
who have or had ten or more years of creditable service under this
chapter may withdraw their accumulated contributions from the
fund and upon withdrawing such contributions, such personnel shall
cease to be members of the retirement system. Said personnel may
elect to allow their accumulated contributions to remain in the fund,
and such personnel shall retain the vested rights established by Code
Section 47-4-100. Upon exercising such option, however, any such
personnel shall cease making contributions to the retirement system,
and no additional creditable service shall be allowed under the
retirement system. Any such person who elects such option and who
has less than ten years of creditable service under this chapter shall
withdraw the persons accumulated contributions from the fund and,
upon exercising such option, such personnel shall cease to be mem-
bers of the retirement system. Any person subject to this subsection
who becomes employed on or after November 1,1982, shall have the
option, which must be exercised within 30 days after becoming
employed, of becoming a member of this retirement system or of
becoming a member of the Teachers Retirement System of Georgia.
No such person shall be a member of both such retirement systems
under any circumstances. Such option shall be exercised by notifica-
tion, in writing, to the respective boards of trustees of such retirement
systems. It shall be the duty and responsibility of local units of
administration to notify their respective employees and persons who
become employed in the future and who are subject to this subsection
of the options provided for in this subsection and to furnish such
employees appropriate forms for the exercise of such options.
Section 4. This Act shall become effective on November 1,1982.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
968
GENERAL ACTS AND RESOLUTIONS, VOL. I
CONTRIBUTING TO DELINQUENCY, ETC.
OF MINORS.
Code Section 16-12-1 Amended.
No. 1295 (House Bill No. 1323).
AN ACT
To amend Code Section 16-12-1 of the Official Code of Georgia
Annotated, relating to contributing to the delinquency of a minor, so
as to make contributing to the delinquency, unruliness, or deprivation
of a minor unlawful; to provide definitions; to prohibit a certain
defense; to provide for penalties; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 16-12-1 of the Official Code of Georgia
Annotated, relating to contributing to the delinquency of a minor, is
amended by striking in its entirety said Code section, which reads as
follows:
16-12-1. When any parent, guardian, or person having the
custody, control, or supervision of any delinquent or neglected child,
or any other person has knowingly and willfully encouraged, aided,
caused, abetted, or connived at such state of delinquency or neglect or
has willfully done any act or acts which he knew or should have known
would produce, promote, or contribute to or tend to produce, pro-
mote, or contribute to the conditions which render such a child
delinquent or neglected, such parent, guardian, or other person shall
be guilty of a misdemeanor.,
and inserting in lieu thereof a new Code Section 16-12-1 to read as
follows:
16-12-1. (a) As used in this Code section, the term:
(1) Conviction means a finding of guilt, an entering of a
plea of guilty, or an entering of a plea of nolo contendere.
(2) Minor means any individual who is under the age of 17
years or any individual under the age of 18 years who is alleged to
GEORGIA LAWS 1982 SESSION
969
be a deprived child as such is defined in Code Section 15-11-2,
relating to juvenile proceedings.
(b) A person commits the offense of contributing to the delin-
quency, unruliness, or deprivation of a minor when:
(1) He knowingly and willfully encourages, causes, abets,
connives, or aids a minor in committing a delinquent act as such is
defined in Code Section 15-11-2, relating to juvenile proceedings;
(2) He knowingly and willfully encourages, causes, abets,
connives, or aids a minor in committing an act which would cause
such minor to be found to be an unruly child as such is defined in
Code Section 15-11-2, relating to juvenile proceedings; or
(3) He willfully commits an act or acts or willfully fails to act
when such act or omission would cause a minor to be found to be a
deprived child as such is defined in Code Section 15-11-2, relating
to juvenile proceedings.
(c) It shall not be a defense to the offense provided for in this
Code section that the minor has not been formally adjudged to have
committed a delinquent act or has not been found to be unruly or
deprived.
(d) A person convicted of the offense of contributing to the
delinquency, unruliness, or deprivation of a minor shall be punished
as follows:
(1) Upon conviction of the first offense, the defendant shall
be guilty of a misdemeanor and shall be fined not less than $200.00
nor more than $500.00 or shall be imprisoned for not less than one
month nor more than five months, or both fined and imprisoned;
(2) Upon conviction of the second offense, the defendant
shall be guilty of a misdemeanor and shall be fined not less than
$400.00 nor more than $1,000.00 or shall be imprisoned for not less
than three months nor more than one year, or both fined and
imprisoned; and
(3) Upon the conviction of the third or subsequent offense,
the defendant shall be guilty of a felony and shall be fined not less
than $1,000.00 nor more than $5,000.00 or shall be imprisoned for
970
GENERAL ACTS AND RESOLUTIONS, VOL. I
not less than one year nor more than three years, or both fined and
imprisoned.
Section 2. This Act shall become effective on November 1,
1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
CRIMES KIDNAPPING, INTERFERENCE WITH
CUSTODY, ETC.
Code Sections 16-5-40, 16-5-45 Amended.
No. 1296 (House Bill No. 1324).
AN ACT
To amend Article 3 of Chapter 5 of Title 16 of the Official Code of
Georgia Annotated, relating to kidnapping, false imprisonment, and
other related offenses, so as to repeal a subsection of the Code section
relating to the offense of kidnapping which makes it unlawful for
certain persons to take certain action relative to individuals under the
age of 16 years; to make interference with custody and interstate
interference with custody unlawful; to provide definitions; to provide
for penalties; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 3 of Chapter 5 of Title 16 of the Official Code
of Georgia Annotated, relating to kidnapping, false imprisonment,
and other related offenses, is amended by striking Code Section 16-5-
40 in its entirety and inserting in lieu thereof a new Code Section 16-
5-40 to read as follows:
GEORGIA LAWS 1982 SESSION
971
16-5-40. (a) A person commits the offense of kidnapping
when he abducts or steals away any person without lawful authority
or warrant and holds such person against his will.
(b) A person convicted of the offense of kidnapping shall be
punished by imprisonment for not less than one nor more than 20
years, provided that a person convicted of the offense of kidnapping
for ransom shall be punished by life imprisonment or by death and
provided, further, that, if the person kidnapped shall have received
bodily injury, the person convicted shall be punished by life impris-
onment or by death.
Section 2. Said article is further amended by striking in its
entirety Code Section 16-5-45, which reads as follows:
16-5-45. (a) A person commits the offense of interference
with custody when he:
(1) Knowingly or recklessly takes or entices any committed
person away from lawful custody when he is not privileged to do
so;
(2) Knowingly brings into this state a committed person
who has been committed to the custody of another person who is a
resident of another state or nation without the consent of the
person with legal custody; or
(3) Knowingly harbors any committed person who has
absconded.
(b) As used in this Code section, the term:
(1) Person includes a parent of a committed person.
(2) Committed person means, in addition to anyone com-
mitted or whose custody is awarded under judicial warrant or
court order, any orphan, neglected, or delinquent child; mentally
defective or insane person; or other dependent or incompetent
person entrusted to anothers custody by authority of law.
(c) (1) Except as provided in paragraph (2) of this subsection,
any person violating this Code section is guilty of a misdemeanor.
972
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) A person convicted of the offense of interference with
custody by taking a committed person beyond the limits of this
state shall be punished by imprisonment for not less than one nor
more than five years.,
and inserting in lieu thereof a new Code Section 16-5-45 to read as
follows:
16-5-45. (a) As used in this Code section, the term:
(1) Committed person means any child or other person
whose custody is entrusted to another individual by authority of
law.
(2) Child means any individual who is under the age of 17
years or any individual who is under the age of 18 years who is
alleged to be a deprived child as such is defined in Code Section
15-11-2, relating to juvenile proceedings.
(3) Lawful custody means that custody inherent in the
natural parents, that custody awarded by proper authority as
provided in Code Section 15-11-17, or that custody awarded to a
parent, guardian, or other person by a court of competent jurisdic-
tion.
(b) (1) A person commits the offense of interference with
custody when without lawful authority to do so he:
(A) Knowingly or recklessly takes or entices any child
or committed person away from the individual who has lawful
custody of such child or committed person; or
(B) Knowingly harbors any child or committed person
who has absconded.
(2) A person convicted of the offense of interference with
custody shall be punished as follows:
(A) Upon conviction of the first offense, the defendant
shall be guilty of a misdemeanor and shall be fined not less
than $200.00 nor more than $500.00 or shall be imprisoned for
not less than one month nor more than five months, or both
fined and imprisoned;
GEORGIA LAWS 1982 SESSION
973
(B) Upon conviction of the second offense, the defend-
ant shall be guilty of a misdemeanor and shall be fined not
less than $400.00 nor more than $1,000.00 or shall be impris-
oned for not less than three months nor more than 12 months,
or both fined and imprisoned; and
(C) Upon the conviction of the third or subsequent
offense, the defendant shall be guilty of a felony and shall be
punished by imprisonment for not less than one nor more
than five years.
(c) (1) A person commits the offense of interstate interference
with custody when without lawful authority to do so he knowingly
or recklessly takes or entices any minor or committed person away
from the individual who has lawful custody of such minor or
committed person and in so doing brings such minor or committed
person into this state or removes such minor or committed person
from this state.
(2) A person convicted of the offense of interstate interfer-
ence with custody shall be guilty of a felony and shall be impris-
oned for not less than one year nor more than five years.
Section 3. This Act shall become effective on November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
974
GENERAL ACTS AND RESOLUTIONS, VOL. I
PUNISHMENT FOR CONTEMPT.
Code Sections 24-2615, 15-6-8 Amended.
No. 1297 (House Bill No. 1328).
AN ACT
To amend Code Section 24-2615, relating to the powers and
jurisdiction of superior courts, so as to change the punishment for
contempt; to amend the Official Code of Georgia Annotated accord-
ingly; to provide effective dates; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 24-2615, relating to the powers and
jurisdiction of superior courts, is amended by striking paragraph 5 of
said Code section in its entirety and inserting in lieu thereof a new
paragraph 5 to read as follows:
5. To punish contempt by fines not exceeding $500 and by
imprisonment not exceeding 20 days.
Part 2
Section 2. Code Section 15-6-8 of the Official Code of Georgia
Annotated, relating to the jurisdiction and powers of superior courts,
is amended by striking paragraph (5) of said Code section in its
entirety and inserting in lieu thereof a new paragraph (5) to read as
follows:
(5) To punish contempt by fines not exceeding $500.00 and by
imprisonment not exceeding 20 days; and.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
GEORGIA LAWS 1982 SESSION
975
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
TEACHERS RETIREMENT SYSTEM OF GEORGIA
ACT AMENDED.
Code Section 47-3-42 Amended.
No. 1298 (House Bill No. 1339).
AN ACT
To amend an Act establishing the Teachers Retirement System of
Georgia, approved March 19,1943 (Ga. L. 1943, p. 640), as amended,
particularly by an Act approved March 27,1947 (Ga. L. 1947, p. 1155),
and an Act approved March 7, 1962 (Ga. L. 1962, p. 723, so as to
change the requirements relating to the remission of employee and
employer contributions; to provide for a penalty in the case of the
failure or refusal of the employer to remit timely the employee and
employer contributions; to provide for other matters relative to the
foregoing; to amend the Official Code of Georgia Annotated accord-
ingly; to provide effective dates; to provide for specific repeal; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act establishing the Teachers Retirement
System of Georgia, approved March 19,1943 (Ga. L. 1943, p. 640), as
976
GENERAL ACTS AND RESOLUTIONS, VOL. I
amended, particularly by an Act approved March 27, 1947 (Ga. L.
1947, p. 1155), and an Act approved March 7, 1962 (Ga. L. 1962, p.
723), is amended by striking subsection (6) of Section 8 in its entirety
and substituting in lieu thereof a new subsection (6) of Section 8 to
read as follows:
(6) It shall be the duty of each county board of education, the
board of education of each independent school system, and of each
and every employer of teachers to deduct and collect the required
employee contributions from each teachers salary and to make
monthly remittance of such amounts to the board of trustees. Each
employer shall likewise make the required employer contribution and
shall make monthly remittance of such amounts to the board of
trustees along with employee contributions. Each employer shall
remit the required employee and employer contributions to the board
of trustees by the tenth calendar day of the month following the
month for which the contributions were made. In the case of the
failure or refusal of the employer to remit the employee and employer
contributions on or before the tenth calendar day of the month
following the month for which the contributions were made, there
shall be added to the total amount of remittance due the sum of one
and one-half percent of the amount of the remittance if the failure or
refusal is for not more than one month, and an additional one and
one-half percent for each additional month or fraction of a month
during which the failure or refusal continues.
Part 2
Section 2. Code Section 47-3-42 of the Official Code of Georgia
Annotated, relating to the employers duty to deduct and remit
employee contributions under the Teachers Retirement System, is
amended by striking subsection (a) in its entirety and substituting in
lieu thereof a new subsection (a) to read as follows:
(a) It shall be the duty of each county board of education, the
board of education of each independent school system, and of each
and every employer of teachers to deduct and collect the required
employee contributions from each teachers salary and to make
monthly remittance of such amounts to the board of trustees. Each
employer shall likewise make the required employer contribution and
shall make monthly remittance of such amounts to the board of
GEORGIA LAWS 1982 SESSION
977
trustees along with employee contributions. Each employer shall
remit the required employee and employer contributions to the board
of trustees by the tenth calendar day of the month following the
month for which the contributions were made. In the case of the
failure or refusal of the employer to remit the employee and employer
contributions on or before the tenth calendar day of the month
following the month for which the contributions were made, there
shall be added to the total amount of remittance due the sum of 1 1/2
percent of the amount of the remittance if the failure or refusal is for
not more than one month, and an additional 1 1/2 percent for each
additional month or fraction of a month during which the failure or
refusal continues.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
978
GENERAL ACTS AND RESOLUTIONS, VOL. I
TEACHERS RETIREMENT SYSTEM OF GEORGIA
ACT AMENDED.
Code Section 47-3-23 Amended.
No. 1299 (House Bill No. 1340).
AN ACT
To amend an Act establishing the Teachers Retirement System of
Georgia, approved March 19,1943 (Ga. L. 1943, p. 640), as amended,
particularly by an Act approved April 28,1975 (Ga. L. 1975, p. 1637),
and by an Act approved April 3,1978 (Ga. L. 1978, p. 144l), so as to
change the provisions relative to the determination of certain rates of
interest; to amend the Official Code of Georgia Annotated accord-
ingly; to provide effective dates; to provide for specific repeal; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act establishing the Teachers Retirement System
of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as
amended, particularly by an Act approved April 28,1975 (Ga. L. 1975,
p. 1637), and by an Act approved April 3,1978 (Ga. L. 1978, p. 1441),
is amended by striking subsection (14) of Section 6 in its entirety and
substituting in lieu thereof a new subsection (14) to read as follows:
(14) From time to time and at least in every five year period,
the actuary shall make an actuarial investigation into the mortality,
service and compensation experience of the members and the benefi-
ciaries of the retirement system, and recommend for adoption by the
Board of Trustees mortality, service and other tables needed in the
operation of the system, and taking into account the results of such
investigations the Board from time to time shall adopt for the system
such mortality, service and other tables as it shall deem necessary, for
use in all calculations required in connection with this system. The
Board shall also determine from time to time the rates of regular
interest for use in all calculations required in connection with the
system, limited to a minimum of 2 per centum.
GEORGIA LAWS 1982 SESSION
979
Part 2
Section 2. Code Section 47-3-23 of the Official Code of Georgia
Annotated, relating to designation of actuary and determination of
interest rate under the Teachers Retirement System, is amended by
striking subsection (b) in its entirety and substituting in lieu thereof a
new subsection (b) to read as follows:
(b) From time to time, but at least once in every five-year
period, the actuary shall make an actuarial investigation into the
mortality, service, and compensation experience of the members and
beneficiaries of the retirement system and recommend for adoption
by the board of trustees, mortality, service, and other tables needed in
the operation of the retirement system. Taking into account the
results of such investigations, the board of trustees from time to time
shall adopt for the retirement system such mortality, service, and
other tables as it shall deem necessary for use in all calculations
required in connection with this retirement system. The board of
trustees shall also determine from time to time the rates of regular
interest for use in all calculations required in connection with the
retirement system, limited to a minimum of 2 percent.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
980
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA MEAT INSPECTION ACT AMENDED.
Code Section 26-2-88 Amended.
No. 1300 (House Bill No. 1355).
AN ACT
To amend an Act known as the Georgia Meat Inspection Act,
approved April 30,1969 (Ga. L. 1969, p. 1028), as amended, so as to
provide penalties for certain unlawful slaughter and distribution of
diseased animals and carcasses; to amend the Official Code of Georgia
Annotated accordingly; to provide effective dates; to provide for
automatic repeal of certain provisions of this Act; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act known as the Georgia Meat Inspection Act,
approved April 30, 1969 (Ga. L. 1969, p. 1028), as amended, is
amended by striking Section 25 in its entirety and inserting in lieu
thereof a new Section 25 to read as follows:
Section 25. (a) Any person, firm, or corporation who violates
any provision of this Act with intent to defraud, or who distributes or
attempts to distribute an article that is adulterated (except as defined
in Section l(j)(8) of this Act), shall be subject to imprisonment for not
more than three years or a fine of not more than $10,000 or both:
Provided, that no person, firm, or corporation shall be subject to
penalties under this section for receiving for transportation any
article or animal in violation of this Act if such receipt was made in
good faith, unless such person, firm, or corporation refuses to furnish
on request of a representative of the Commissioner the name and
address of the person from whom he received such article or animal,
and copies of all documents, if any there be, pertaining to the delivery
of the article or animal to him.
(b) Any person who unlawfully slaughters any diseased or
cancerous animal for purposes of selling any part of the carcass for
human consumption or who knowingly distributes or attempts to
distribute any part of such a carcass for human consumption shall be
GEORGIA LAWS 1982 SESSION
981
guilty of a felony and punished by imprisonment for not less than
three years or more than ten years or by a fine of not less than
$10,000.00 or more than $50,000.00 or both.
Part 2
Section 2. Part 2 of Article 3 of Chapter 2 of Title 26 of the
Official Code of Georgia Annotated, relating to penalties for fraud or
distribution of adulterated articles, is amended by striking Code
Section 26-2-88 in its entirety and inserting in lieu thereof a new
subsection (a) to read as follows:
26-2-88. (a) Any person, firm, or corporation who violates this
article with intent to defraud or who distributes or attempts to
distribute an article that is adulterated, except as defined in subpara-
graph (1)(H) of Code Section 26-2-62, shall be subject to impris-
onment for not more than three years or a fine of not more than
$10,000.00, or both, provided that no person, firm, or corporation
shall be subject to penalties under this subsection for receiving for
transportation any article or animal in violation of this article if such
receipt was made in good faith, unless such person, firm, or corpora-
tion refuses to furnish, on request of a representative of the Commis-
sioner, the name and address of the person from whom he received
such article or animal and copies of all documents, if there are any,
pertaining to the delivery of the article or animal to him.
(b) Any person who unlawfully slaughters any diseased or
cancerous animal for purposes of selling any part of the carcass for
human consumption or who knowingly distributes or attempts to
distribute any part of such a carcass for human consumption shall be
guilty of a felony and punished by imprisonment for not less than
three years or more than ten years or by a fine of not less than
$10,000.00 or more than $50,000.00 or both.
(c) Any person who violates any of the provisions of this article
for which a penalty is not otherwise prescribed in this article or who
violates any rule or regulation promulgated under this article shall be
guilty of a misdemeanor.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
982
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
WITNESS FEES FOR PEACE OFFICERS.
Code Section 24-10-27 Amended.
No. 1301 (House Bill No. 1358).
AN ACT
To amend an Act revising the laws relating to subpoenas and like
processes, approved March 5,1966 (Ga. L. 1966, p. 502), as amended,
particularly by an Act approved March 20,1980 (Ga. L. 1980, p. 439),
so as to change the amount paid to peace officers for court atten-
dance; to amend the Official Code of Georgia Annotated accordingly;
to provide effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act revising the laws relating to subpoenas and
like processes, approved March 5, 1966 (Ga. L. 1966, p. 502), as
amended, particularly by an Act approved March 20, 1980 (Ga. L.
1980, p. 439), is amended by striking from the first subsection (h) of
Section 1 the following:
GEORGIA LAWS 1982 SESSION
983
but not in excess of $12.00 per diem.,
inserting in lieu thereof the following:
or $20.00 per diem whichever is greater.
Part 2
Section 2. Article 2 of Chapter 10 of Title 24 of the Official Code
leorgia Annotated, relating to subpoenas and notices to produce,
mended by striking Code Section 24-10-27 and inserting in its
;e a new Code section to read as follows:
24-10-27. Notwithstanding any other provision in this article,
member of the Georgia State Patrol, Georgia Bureau of Invest-
ion, or municipal or county police force, or any deputy sheriff who
il be required by writ of subpoena to attend any superior court,
3r courts having jurisdiction to enforce the penal laws of this state,
licipal or police court having jurisdiction to enforce the penal laws
his state as provided by Code Section 40-13-21, juvenile court, or
id jury, or hearing or inquest held or called by a coroner, or small
ms court involving any criminal matter, as a witness on behalf of
state during any hours except the regular duty hours to which the
;er is assigned, shall be paid for such attendance at a rate fixed by
court, but not less than the per diem paid grand jurors in the
ceding term of the superior court of such county or $20.00 per
n, whichever is greater. The claim for the witness fees shall be
orsed on the subpoena showing the dates of attendance and
ing that attendance was required during the hours other than the
liar duty hours to which the claimant was assigned. The claimant
1 verify this statement. The dates of attendance shall be certified
;he judge or the prosecuting attorney of the court attended. The
ctor of the Georgia Bureau of Investigation, the commanding
uer of the State Patrol, the chief of police, or the sheriff shall
ify that the claimant has been paid no additional compensation
given any time off on account of such service. The amount due
1 be paid by the governing body authorized to dispense public
Is for the operation of the court. However, no such officer may
m or receive more than one witness fee per day for attendance in
court or before the grand jury regardless of the number of
poenas which the officer may have received requiring him to
ear in such court or before the grand jury on any one day.
984
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
BOARD OF REGISTRATION FOR FORESTERS
EXPIRATION DATE.
Code Section 12-6-63 Amended.
No. 1302 (House Bill No. 1364).
AN ACT
To amend an Act entitled The Act Providing for the Review,
Continuation, Reestablishment, or Termination of Regulatory Agen-
cies, approved March 24,1977 (Ga. L. 1977, p. 961), as amended, so
as to delete from terminating agencies the State Board of Registra-
tion for Foresters; to amend Part 2 of Article 1 of Chapter 6 of Title 12
of the Official Code of Georgia Annotated, relating to the State Board
of Registration for Foresters, so as to change the scheduled termina-
tion date of the State Board of Registration for Foresters; to provide
effective dates; to provide for specific repeal; to repeal conflicting
laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
985
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act entitled The Act Providing for the Review,
Continuation, Reestablishment, or Termination of Regulatory Agen-
cies, approved March 24,1977 (Ga. L. 1977, p. 961), as amended, is
amended by striking paragraph (2) of subsection (c) of Section 7,
which reads as follows:
(2) The State Board of Registration for Foresters. An Act
creating the State Board of Registration for Foresters, approved
February 21,1951 (Ga. L. 1951, p. 581), as amended.,
in its entirety.
Part 2
Section 2. Part 2 of Article 1 of Chapter 6 of Title 12 of the
Official Code of Georgia Annotated, relating to the State Board of
Registration for Foresters, is amended by striking Code Section 12-6-
63 in its entirety and substituting in lieu thereof a new Code Section
12-6-63 to read as follows:
12-6-63. For the purposes of Chapter 2 of Title 43, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the State Board of Registration for
Foresters shall be terminated on July 1,1984, and this part and any
other laws relating to such board shall be repealed in their entirety
effective on the date specified in Code Section 43-2-8.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without bis approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
986
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
STATE MERIT SYSTEM EMPLOYEES
RELIGIOUS HOLIDAYS.
Code Section 1-4-1 Amended.
No. 1303 (House Bill No. 1378).
AN ACT
To amend an Act designating public and legal holidays in the
State of Georgia, approved February 16,1943 (Ga. L. 1943, p. 331), as
amended, particularly by an Act approved April 9,1975 (Ga. L. 1975,
p. 368), so as to provide conditions under which requests by certain
state employees for time away from work for the observance of
religious holidays shall be given consideration; to amend the Official
Code of Georgia Annotated accordingly; to provide effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act designating public and legal holidays in the
State of Georgia, approved February 16,1943 (Ga. L. 1943, p. 331), as
amended, particularly by an Act approved April 9,1975 (Ga. L. 1975,
p. 368), is amended by adding a new subsection (c) at the end of
Section 1 to read as follows:
(c) Employees of departments and agencies covered by the
state merit system shall, upon request to their appointing authority
or his designee, at least seven days in advance, be given priority
consideration for time away from work for observance of religious
GEORGIA LAWS 1982 SESSION
987
holidays not otherwise provided for herein. Any paid leave time for
such religious holiday observance shall be charged to accrued com-
pensatory leave or accrued annual leave credits available to the
employee at the time of the holiday observance. No employee may
claim priority consideration for more than three work days each
calendar year. A request by an employee for time away from work to
observe a religious holiday shall not be denied unless the employee
has inadequate accrued compensatory or annual leave credits to cover
such period of absence or the duties performed by the employee are
urgently required and the employee is the only person available who
can perform the duties as determined by the appointing authority or
his designee.
Part 2
Section 2. Code Section 1-4-1 of the Official Code of Georgia
Annotated, relating to public and legal holidays, is amended by
adding a new subsection (c) at the end thereof to read as follows:
(c) Employees of departments and agencies covered by the
state merit system shall, upon request to their appointing authority
or his designee, at least seven days in advance, be given priority
consideration for time away from work for observance of religious
holidays not otherwise provided for herein. Any paid leave time for
such religious holiday observance shall be charged to accrued com-
pensatory leave or accrued annual leave credits available to the
employee at the time of the holiday observance. No employee may
claim priority consideration for more than three work days each
calendar year. A request by an employee for time away from work to
observe a religious holiday shall not be denied unless the employee
has inadequate accrued compensatory or annual leave credits to cover
such period of absence or the duties performed by the employee are
urgently required and the employee is the only person available who
can perform the duties as determined by the appointing authority or
his designee.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
988
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GAME AND FISH CODE AMENDED BODY
GRIPPING TRAPS.
Code Section 27-3-63 Amended.
No. 1304 (House Bill No. 1381).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated,
known as the Game and Fish Code, so as to prohibit the use of any
body-gripping trap of a size in excess of 9 1/2 inches square except in
and around the water; 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. Chapter 3 of Title 27 of the Official Code of Georgia
Annotated, relating to wildlife generally, is amended by inserting
after paragraph (10) of subsection (a) of Code Section 27-3-63 a new
paragraph (11) to read as follows:
(11) Set any body-gripping trap (as opposed to a leg-hold trap)
of a size in excess of 9 1/2 inches square except in water or on land
within ten feet of water, including swamps, marshes, and tidal areas.
GEORGIA LAWS 1982 SESSION
989
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA FIRE FIGHTERS STANDARDS AND
TRAINING COUNCIL ACT AMENDED.
Code Section 25-4-8 Amended.
No. 1305 (House Bill No. 1382).
AN ACT
To amend an Act establishing the Georgia Fire Fighters Stan-
dards and Training Council, approved April 10,1971 (Ga. L. 1971, p.
693), as amended by an Act approved April 7, 1976 (Ga. L. 1976, p.
1725), an Act approved March 23,1977 (Ga. L. 1977, p. 549), an Act
approved April 1,1977 (Ga. L. 1977, p. 1224), an Act approved March
20, 1980 (Ga. L. 1980, p. 601), and an Act approved March 28, 1980
(Ga. L. 1980, p. 1242), so as to change the provisions relating to
qualifications for firefighters; to amend the Official Code of Georgia
Annotated accordingly; to provide effective dates; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act establishing the Georgia Fire Fighters Stan-
dards and Training Council, approved April 10,1971 (Ga. L. 1971, p.
693), as amended by an Act approved April 7, 1976 (Ga. L. 1976, p.
1725), an Act approved March 23, 1977 (Ga. L. 1977, p. 549), an Act
approved April 1,1977 (Ga. L. 1977, p. 1224), an Act approved March
20, 1980 (Ga. L. 1980, p. 601), and an Act approved March 28, 1980
990
GENERAL ACTS AND RESOLUTIONS, VOL. I
(Ga. L. 1980, p. 1242), is amended by striking from Section 7, relating
to qualifications of fire fighters, subsection (e) which reads as follows:
(e) Successfully pass the minimum physical fitness require-
ments (2-3.1 through 2-3.7) of the Fire Fighter Professional Qualifica-
tions (1974) published by the National Fire Protection Association, as
such requirements existed December 31,1974.,
and inserting in lieu thereof a new subsection (e) to read as follows:
(e) Successfully pass the minimum physical fitness require-
ments (2-3.1 through 2-3.6) of the Fire Fighter Professional Qualifica-
tions (1981) adopted May, 1981, and published by the National Fire
Protection Association.
Part 2
Section 2. Code Section 25-4-8 of the Official Code of Georgia
Annotated, relating to qualifications of firefighters, is amended by
striking paragraph (5) which reads as follows:
(5) Successfully pass the minimum physical fitness require-
ments of Sections 2-3.1 through 2-3.7 of the Firefighter Professional
Qualifications (1974), published by the National Fire Protection
Association, as such requirements existed on December 31, 1974;
and,
and inserting in lieu thereof a new paragraph (5) to read as follows:
(5) Successfully pass the minimum physical fitness require-
ments of Sections 2-3.1 through 2-3.6 of the Firefighter Professional
Qualifications (1981) adopted May, 1981, and published by the
National Fire Protection Association; and.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
GEORGIA LAWS 1982 SESSION
991
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
DEPOSITS OF CASH BONDS, ETC. BY SHERIFFS
OF CERTAIN COUNTIES (400,000 OR MORE).
Code Sections 24-2813.1, 15-16-27 Enacted.
No. 1306 (House Bill No. 1384).
AN ACT
To amend Code Chapter 24-28, relating to sheriffs, so as to
authorize sheriffs of certain counties to deposit cash bonds and cash
reserves of professional bonds in interest-bearing accounts and to use
interest proceeds for operation of their departments; to provide for
related matters; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 24-28, relating to sheriffs, is amended
by adding a new Code Section 24-2813.1 to read as follows:
24-2813.1. The sheriff of any county with a population of
400,000 or more according to the decennial census of 1980 or any
future decennial census may deposit cash bonds and cash reserves of
professional bondsmen held by him in interest-bearing accounts in
one or more financial institutions designated as county depositories.
992
GENERAL ACTS AND RESOLUTIONS, VOL. I
Interest earned on any such account shall be periodically transferred
from the depository into the general fund of the county treasury as
directed by the county governing authority. Such proceeds may be
used for any purpose for which general county funds may lawfully be
used.
Part 2
Section 2. Chapter 16 of Title 15 of the Official Code of Georgia
Annotated, relating to sheriffs, is amended by adding a new Code
Section 15-16-27 to read as follows:
15-16-27. The sheriff of any county with a population of
400,000 or more according to the decennial census of 1980 or any
future decennial census may deposit cash bonds and cash reserves of
professional bondsmen held by him in interest-bearing accounts in
one or more financial institutions designated as county depositories.
Interest earned on any such account shall be periodically transferred
from the depository into the general fund of the county treasury as
directed by the county governing authority. Such proceeds may be
used for any purpose for which general county funds may lawfully be
used.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA LAWS 1982 SESSION
993
SAVANNAH PORT AUTHORITY COST OF
PROJECT DEFINED.
No. 1307 (House Bill No. 944).
AN ACT
To amend an Act implementing the provisions of Article V,
Section VII, Paragraph II of the Constitution of Georgia creating the
Savannah District Authority, now known as the Savannah Port
Authority, approved February 11, 1955 (Ga. Laws 1955, p. 170), as
amended, particularly by an Act approved April 7, 1972 (Ga. Laws
1972, p. 1186), and an Act approved March 18,1980 (Ga. Laws 1980,
p. 380), so as to further define the terms project and cost of
project in describing the powers and duties of the Savannah Port
Authority; to provide 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 implementing the provisions of Article V,
Section VII, Paragraph II of the Constitution of Georgia creating the
Savannah District Authority, now known as the Savannah Port
Authority, approved February 11, 1955 (Ga. Laws 1955, p. 170), as
amended, particularly by an Act approved April 7, 1972 (Ga. Laws
1972, p. 1186), and an Act approved March 18,1980 (Ga. Laws 1980,
p. 380), is hereby amended by striking the next to last sentence of the
last paragraph of subsection (b) of Section 6A thereof and inserting in
lieu thereof the following new sentence:
The word project shall also include any project as defined by the
Act known as the Development Authorities Law, approved March
28,1969 (Ga. Laws 1969, p. 137), as now or hereafter amended.
Section 2. Said Act is further amended by striking the last
paragraph of subsection (c) of Section 6A thereof and inserting in lieu
thereof the following new paragraph:
The term cost of project shall include the term cost of project
as defined by the Act known as the Development Authorities Law,
approved March 28,1969 (Ga. Laws 1969, p. 137), as now or hereafter
amended.
994
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. The foregoing sections of this Act shall be deemed to
be a grant of additional and alternative powers supplemental and
additional to powers conferred upon said authority by other laws.
Section 4. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are
hereby repealed.
Notice of Intent to Apply for Local Legislation.
Notice is hereby given of intention to apply for legislation at the
1981 Session of the General Assembly amending the legislative char-
ter of the Savannah Port Authority so as to further define the terms
project and cost of project in describing the powers and duties of
the Savannah Port Authority, and for other purposes.
This 18th day of December, 1980.
Thomas S. Gray, Jr.
Counsel,
Savannah Port Authority
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bobby Phillips who, on oath, deposes
and says that he/she is Representative from the 125th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Georgia Gazette which is the official
organ of Chatham County, on the following dates: December 24, 31,
1980.
/s/ Bobby Phillips
Representative,
125th District
GEORGIA LAWS 1982 SESSION
995
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 Intent to Apply for Local Legislation.
Notice is hereby given of intention to apply for legislation at the
1981 Session of the General Assembly amending the legislative char-
ter of the Savannah Port Authority so as to further define the terms
project and cost of project in describing the powers and duties of
the Savannah Port Authority, and for other purposes.
This 18th day of December, 1980.
Thomas S. Gray, Jr.
Counsel,
Savannah Port Authority
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Bobby Phillips who, on oath, deposes
and says that he/she is Representative from the 125th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Savannah Evening Press which is the
official organ of Chatham County, on the following dates: January 6,
1981.
996
GENERAL ACTS AND RESOLUTIONS, VOL. I
/s/ Bobby Phillips
Representative,
125th 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).
Approved April 13,1982.
PUBLIC REVENUE DUTIES OF TAX
COLLECTORS, ETC. IN CERTAIN COUNTIES
(90,000 - 140,000) (150,300 - 155,000).
Code Sections 91A-1328, 91A-1370,
91A-1705, 48-5-127, 48-5-180, 48-5-405
Amended.
No. 1309 (House Bill No. 1700).
AN ACT
To amend Code Title 91A, relating to public revenue, so as to
change the amount of deductions by county tax officials from school
taxes in certain counties; to amend the Official Code of Georgia
Annotated accordingly; to provide effective dates; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
997
Part 1
Section 1. Code Title 91 A, relating to public revenue, is
amended by repealing paragraph (12) of subsection (a) of Code
Section 91A-1328, which reads as follows:
(12) In all counties having a population of not less than 145,000
and not more than 165,000, according to the census, the tax collector
or tax commissioner shall collect all county school taxes levied under
the authority of Article VIII, Section VII, Paragraph I of the Consti-
tution and remit all school taxes collected to the board of education of
his respective county once each month. Each such tax collector or tax
commissioner shall be entitled to a commission of two and one-half
percent for collecting the school taxes. In any such county where the
tax collector or tax commissioner is on a salary basis the fees provided
in this paragraph shall be collected by the tax collector or tax
commissioner and paid over to the proper fiscal authority of the
county.
Section 2. Said Code title is further amended by striking
subsection (d) of Code Section 91A-1370 which reads as follows:
(d) In all counties of this State having a population of not less
than 90,000 or more than 140,000, according to the census, the tax
commissioner or tax collector shall remit all education funds collected
by him to the board of education in the county except one percent of
the funds collected which shall be retained by the tax commissioner
or tax collector if he is on a fee basis or remitted to the governing
authority of the county if he is on a salary basis.,
and inserting in lieu thereof the following:
(d) Reserved.
Section 3. Said Code title is further amended by adding a new
subsection (c) of Code Section 91A-1705 to read as follows:
(c) In all counties of this state having a population of not less
than 150,300 nor more than 155,000 according to the United States
decennial census of 1980 or any future such census, the tax commis-
sioner or tax collector shall remit all education funds collected by him
to the county board of education, except that 1.60 percent of the
funds collected shall be retained by the tax commissioner or tax
998
GENERAL ACTS AND RESOLUTIONS, VOL. I
collector if he is on a fee basis or remitted to the governing authority
of the county if he is on a salary basis.
Part 2
Section 4. Chapter 5 of Title 48 of the Official Code of Georgia
Annotated, relating to ad valorem tax, is amended by striking para-
graphs (10), (11), and (12) of subsection (a) of Code Section 48-5-127
and inserting in their place the following:
(10) Keep a permanent qualification or voters book and make
up the registration lists, as provided by Article 6 of Chapter 2 of Title
21; and
(11) Perform all other duties that the law requires and which
necessarily under the law appertain to the office of tax collector.
Section 5. Said chapter is further amended by striking subsec-
tion (d) of Code Section 48-5-180 which reads as follows:
(d) In all counties of this state having a population of not less
than 90,000 nor more than 140,000, according to the United States
decennial census of 1970 or any future such census, the tax commis-
sioner or tax collector shall remit all education funds collected by him
to the board of education in the county except 1 percent of the funds
collected which shall be retained by the tax commissioner or tax
collector if he is on a fee basis or remitted to the governing authority
of the county if he is on a salary basis.,
and inserting in lieu thereof the following:
(d) Reserved.
Section 6. Said chapter is further amended by adding to Code
Section 48-5-405 a new subsection (c) to read as follows:
(c) In all counties of this state having a population of not less
than 150,300 nor more than 155,000 according to the United States
decennial census of 1980 or any future such census, the tax commis-
sioner or tax collector shall remit all education funds collected by him
to the county board of education, except that 1.60 percent of the
funds collected shall be retained by the tax commissioner or tax
collector if he is on a fee basis or remitted to the governing authority
of the county if he is on a salary basis.
GEORGIA LAWS 1982 SESSION
999
Part 3
Section 7. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
PUBLIC REVENUE DATES OF CLOSING TAX
BOOKS IN CERTAIN COUNTIES
(15,200 - 15,400).
Code Title 91 A, Code Sections 48-5-18,
48-5-137 Amended.
No. 1326 (House Bill No. 1921).
AN ACT
To amend Code Title 91A, relating to revenue and taxation, as
amended, so as to change certain provisions relative to population; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Title 91 A, relating to revenue and taxation, as
amended, is amended by striking subsection (g) of Code Section 91A-
1000
GENERAL ACTS AND RESOLUTIONS, VOL. I
1013, relating to the time for making tax returns, in its entirety and
substituting in lieu thereof a new subsection (g) to read as follows:
(g) In all counties having a population of not less than 15,200
nor more than 15,400, according to the census, the local tax officials
shall close their books for the return of taxes on March 1 of each
year.
Section 2. Said Code Title is further amended by striking
paragraph (3) of subsection (f) of Code Section 91A-1337, relating to
tax collectors and tax commissioners as ex officio sheriffs for certain
purposes, in its entirety and substituting in lieu thereof a new
paragraph (3) to read as follows:
(3) Not less than 15,200 and not more than 15,400.
Part 2
Section 3. Chapter 5 of Title 48 of the Official Code of Georgia
Annotated, relating to ad valorem taxation of property, is amended
by striking subsection (g) of Code Section 48-5-18, relating to the time
for making tax returns, in its entirety and substituting in lieu thereof
a new subsection (g) to read as follows:
(g) In all counties having a population of not less than 15,200
nor more than 15,400, according to the United States decennial
census of 1980 or any future such census, the local tax officials shall
close their books for the return of taxes on March 1 of each year.
Section 4. Said chapter is further amended by striking para-
graph (3) of subsection (f) of Code Section 48-5-137, relating to tax
collectors and tax commissioners as ex officio sheriffs for certain
purposes, in its entirety and substituting in lieu thereof a new
paragraph (3) to read as follows:
(3) Not less than 15,200 nor more than 15,400;.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
GEORGIA LAWS 1982 SESSION
1001
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
REAL ESTATE BROKERS AND SALESPERSONS.
Code Chapter 84-14 Amended.
Code Title 43, Chapter 40 Amended.
No. 1327 (House Bill No. 1207).
AN ACT
To amend Code Chapter 84-14, relating to real estate brokers and
salespersons, as amended, so as to provide limitations upon certain
actions; to provide for the continuation of the Georgia Real Estate
Commission and the laws relating thereto but to provide for the later
termination of such commission and laws; to provide for qualifica-
tions for license applicants; to provide for various fees, refunds,
filings, and examinations; to provide for license duration, renewal,
lapse, and reactivation; to delete certain provisions relating to con-
tracting for the collection of certain fees; to change the provisions
relating to the granting of licenses to corporations and partnerships;
to provide for penalties; to provide for reports regarding trust
accounts; to change the purposes for which certain funds may be used;
to provide that affiliated licensees may establish their relationship; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide for effective dates and automatic repeal; to repeal conflicting
laws; and for other purposes.
1002
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 84-14, relating to real estate brokers
and salespersons, as amended, is amended by redesignating subsec-
tion (b) of Code Section 84-1404 as subsection (c) and by adding
immediately following subsection (a) of Code Section 84-1404 a new
subsection (b) to read as follows:
(b) No broker shall bring or maintain any action in the courts of
this state for the collection of compensation for the performance of
any of the acts mentioned in this Code chapter without alleging and
proving that any associate broker or salesperson acting in his or her
behalf was duly licensed at the time the alleged cause of action arose.
Section 2. Said Code chapter is further amended by adding at
the end of Code Section 84-1405 a new subsection (g) to read as
follows:
(g) Pursuant to Section 9 of The Act Providing for the Review,
Continuation, Reestablishment, or Termination of Regulatory Agen-
cies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or
hereafter amended, the Georgia Real Estate Commission and the laws
relating thereto are hereby continued until July 1,1988, at which time
the commission shall be terminated. Upon its termination, the
commission shall continue in existence until July 1 of the next
succeeding year for the purpose of concluding its affairs and activ-
ities. During that termination period, the powers or authority of the
commission shall not be reduced or otherwise limited. The laws
relative to the commission 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 commission shall stand repealed in their entirety.
During the termination period, the commission 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
commission.
Section 3. Said Code chapter is further amended by striking
subsections (a) and (b) of Code Section 84-1411, which read as
follows:
GEORGIA LAWS 1982 SESSION
1003
(a) No brokers, associate brokers, or salespersons license shall
be issued to any person who has not attained the age of 18 years nor to
any person who is not a resident of the State of Georgia, unless that
person has fully complied with the provisions of Code Section 84-
1415. No new brokers, associate brokers, or salespersons license
shall be issued to any person who is not a high school graduate or the
holder of a certificate of equivalency.
(b) Each applicant for a brokers examination shall have first
served actively for three years as a licensed salesperson and (1) shall
furnish evidence of completion of sixty in-class hours in a brokers
course of study approved by the Commission, or in lieu thereof, a
correspondence course for brokers approved by the Commission, or
(2) shall furnish an official transcript showing that the applicant has
successfully completed at least fifteen quarter hours or nine semester
hours in real estate subjects as determined by the Commission at any
accredited university or college in the United States. Each applicant
for a salespersons examination shall (1) furnish evidence of comple-
tion of twenty-four in-class hours in a salespersons course of study
approved by the Commission or, in lieu thereof, a correspondence
course for salespersons approved by the Commission, or (2) furnish an
official transcript that he has successfully completed at least five
quarter hours or three semester hours in real estate subjects as
determined by the Commission at any accredited university or college
in the United States. Each applicant for license shall stand a real
estate examination covering generally the matters confronting real
estate brokers and salespersons. Such examinations may be taken
before the Commission or any person designated by the said Commis-
sion. Failure to pass the examination shall be grounds for denial of
license without further hearing.,
and inserting in their place new subsections (a) and (b) to read as
follows:
(a) In order to qualify for a salespersons license, an applicant
must:
(1) Have attained the age of 18 years;
(2) Be a resident of the State of Georgia, unless that person
has fully complied with the provisions of Code Section 84-1415;
1004
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Be a high school graduate or the holder of a certificate of
equivalency;
(4) Furnish evidence of completion of 24 in-class hours in a
salespersons course of study approved by the commission or, in
lieu thereof, a correspondence course for salespersons approved by
the commission, or furnish an official transcript which shows that
he has successfully completed at least five quarter hours or three
semester hours in real estate subjects as determined by the
commission at an accredited university or college in the United
States; and
(5) Stand and pass a real estate examination administered
by or approved by the commission covering generally the matters
confronting real estate brokers and salespersons.
Failure to meet any of these requirements shall be grounds for
denial of license without a hearing.
(b) In order to qualify for a brokers or associate brokers license,
an applicant must:
(1) Have attained the age of 21 years;
(2) Be a resident of the State of Georgia, unless that person
has fully complied with the provisions of Code Section 84-1415;
(3) Be a high school graduate or the holder of a certificate of
equivalency;
(4) Have served actively for three years as a licensed sales-
person;
(5) Furnish evidence of completion of 60 in-class hours in a
brokers course of study approved by the commission or, in lieu
thereof, a correspondence course for brokers approved by the
commission, or furnish an official transcript showing that the
applicant has successfully completed at least 15 quarter hours or
nine semester hours in real estate subjects as determined by the
commission at any accredited university or college in the United
States; and
GEORGIA LAWS 1982 SESSION
1005
(6) Stand and pass a real estate examination administered
by or approved by the commission covering generally the matters
confronting real estate brokers and salespersons.
Failure to meet any of these requirements shall be grounds for
denial of license without a hearing.
(c) The Masters Housing Bureau of the Chamber of Commerce
of Greater Augusta is excluded from being required to have a license
when assisting visitors in providing temporary housing during the
Masters Tournament.
Section 4. Said Code chapter is further amended by redesignat-
ing subsections (e) through (h) of Code Section 84-1412 as subsections
(h) through (k), respectively, and by striking subsections (a) through
(d) of Code Section 84-1412, which read as follows:
(a) To pay the expense of the maintenance and operation of the
office of the Commission and the enforcement of this Chapter, the
Commission shall, at the time an application is submitted, collect
from an applicant for each brokers, associate brokers, or sales-
persons examination a fee of $25.00 and an investigation fee if
necessary. If the applicant fails to pass the original examination, the
applicant may, upon payment of an additional fee, retake the exami-
nation as often as scheduled and as many times as the applicant
desires. The payment of a fee is required for each examination. Prior
to the issuance of an original license, each applicant who has passed
the examination, as required by Code section 84-1410, shall pay a
license fee in advance as follows: for a brokers or associate brokers
license, $50.00, and for a salespersons license, $15.00. Effective
January 1, 1974, all licenses shall be issued biennially and shall be
renewed as of January 1 of each even-numbered year.
(b) After the issuance of the first license to an applicant, such
license shall cover the remaining period of the biennium. All licenses
will expire at 12:00 p.m. on the 31st day of December in each odd-
numbered year.
(c) The biennial license renewal fees according to this Chapter
shall be due and payable as follows: application and fees for real
estate broker, associate broker and salesperson shall be filed on or
before September 1 prior to the expiration of said license at 12:00 p.m.
on December 31 of the licensing biennial period.
1006
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) The real estate brokers and the associate brokers biennial
license fee shall be $50.00 and a salespersons biennial renewal fee
shall be $15.00. A license fee for renewal may be filed after September
1 by paying a late renewal fee of $10.00 on or before 12:01 a.m.
January 1 of the biennial licensing period. All fees shall be deposited
with the Joint-Secretary for the expenses of the Commission. This
Code Section shall not obviate any other fees or conditions required
to maintain such license in accordance with this Chapter. Any real
estate broker, associate broker, or salesperson, who has failed to pay a
renewal fee since July 1,1973, and allowed his active license to lapse,
may reactivate his license by December 31,1978, by paying the total
amount of all renewal fees and late charges which would have been
due during the period when his license was lapsed plus a reactivation
fee of $50.00. After January 1,1979, any real estate broker, associate
broker or salesperson who fails to pay a renewal fee and allows his
active license to lapse may reactivate his license within two years of
the date of its lapsing by paying the total amount of all renewal fees
and late charges which would have been due during the period when
his license was lapsed plus a reactivation fee of $50.00.,
and inserting in their place new subsections (a) through (g) to read as
follows:
(a) To pay the expense of the maintenance and operation of the
office of the commission and the enforcement of this chapter, the
commission shall establish reasonable fees in accordance with Code
Sections 84-1413 and 84-1426 and in accordance with its rule-making
authority. No fee or portion of a fee required under this chapter
which is paid to the commission shall be refunded. Each licensee shall
be responsible for filing his own fees.
(b) When the commission administers an examination, at the
time an application for examination is submitted, the commission
shall collect from the applicant a fee for the examination and an
investigation fee if necessary. If an applicant fails to pass an
examination, upon filing a new application and paying an additional
fee, the applicant may take another examination as soon as schedul-
ing permits.
(c) Prior to the issuance of an original license, each applicant
who has passed the examination required by Code Section 84-1411
and each corporation, partnership, and branch office shall pay an
activation fee in advance. All licenses shall be issued bienially and
GEORGIA LAWS 1982 SESSION
1007
shall be renewed as of January 1 of each even-numbered year. After
the issuance of the first license to an applicant, such license shall
cover the remaining period of the biennium. All licenses will expire at
midnight on the thirty-first day of December in each odd-numbered
year.
(d) The biennial license renewal fees according to this chapter
shall be due and payable as follows: application and fees for real
estate broker, associate broker, salesperson, and branch office shall be
filed on or before September 1 prior to the expiration of said license at
midnight on December 31 of the licensing biennial period. A license
fee for renewal may be filed after September 1 by paying a late
renewal fee on or before December 31 of the biennial licensing period.
All fees shall be deposited into the state treasury for the expenses of
the commission. This Code section shall not obviate any other fees or
conditions required to maintain such license in accordance with this
chapter. A license not renewed in accordance with this subsection
shall be viewed as lapsed.
(e) Applications and fees must be filed personally in the com-
missions offices during regular business hours or may be mailed to
the commissions offices in a letter postmarked by the United States
Postal Service.
(f) Any real estate broker, associate broker, salesperson, or
branch office who fails to pay a renewal fee and allows his active
license to lapse may reactivate his license within two years of the date
of its lapsing by paying the total amount of all renewal fees and late
charges which would have been due during the period when his
license was lapsed plus a reactivation fee.
(g) Any licensee who seeks to reactivate a license which has been
placed on inactive status as provided in this Code section may do so
by paying fees as established in subsection (c) of this Code section.
Section 5. Said Code chapter is further amended by striking
from Code Section 84-1413 subsection (b), which reads as follows:
(b) Notwithstanding any other provisions of Code Chapter 84-
14, relating to real estate brokers and salesmen, the Georgia Real
Estate Commission shall be authorized to allow a non-State agency
with which it may contract for examination services to collect a
portion or all of an examination fee. Any fees collected by such non-
1008
GENERAL ACTS AND RESOLUTIONS, VOL. I
State agency which exceed the actual cost of services for which the
Commission has contracted shall be returned to the Commission and
deposited by the Commission into the State treasury.,
and by striking from subsection (a) of said Code section the following
designation:
(a).
Section 6. Said Code chapter is further amended by striking
Code Section 84-1414, which reads as follows:
84-1414. Corporations and Partnerships. No brokers license
shall be granted to a corporation or partnership unless said corpora-
tion or partnership designates a qualifying broker who owns more
than a nominal interest in said corporation or partnership and every
person who acts as a salesperson for such corporation or partnership
shall hold a real estate license as an associate broker or salesperson.,
and inserting in its place a new Code Section 84-1414 to read as
follows:
84-1414. Corporations and partnerships, (a) No brokers license
shall be granted to a corporation or partnership unless said corpora-
tion or partnership designates a qualifying broker who shall be
responsible for assuring that the corporation or partnership and its
affiliated licensees comply with the provisions of this Code chapter
and its attendant rules and regulations. Violations of said Code
provisions or rules and regulations by a corporation or partnership
licensed as a broker shall subject the license of the qualifying broker
to sanction as authorized by this Code chapter. No brokers license
shall be granted to a corporation or partnership unless every person
who acts as a salesperson for such corporation or partnership shall
hold a real estate license as an associate broker or salesperson.
(b) No associate brokers license shall be granted to a corpora-
tion or partnership unless said corporation or partnership designates
a qualifying associate broker who shall be responsible for assuring
that the corporation or partnership complies with the provisions of
this Code chapter and its attendant rules and regulations. Violations
of said Code provisions or rules and regulations by a corporation or
partnership licensed as an associate broker shall subject the license of
the qualifying associate broker to sanction as authorized by this Code
GEORGIA LAWS 1982 SESSION
1009
chapter. The qualifying associate broker shall be the only licensee of
a corporation or partnership licensed as an associate broker. The
license of a corporation or partnership licensed as an associate broker
must be assigned to a licensed broker. The licensed associate broker
corporation or partnership or qualifying associate broker may not
engage in the brokerage business except in behalf of the broker to
whom their licenses are assigned.
(c) No salespersons license shall be granted to a corporation or
partnership unless said corporation or partnership designates a quali-
fying salesperson who shall be responsible for assuring that the
corporation or partnership complies with the provisions of this Code
chapter and its attendant rules and regulations. Violations of said
Code provisions or rules and regulations by a corporation or partner-
ship licensed as a salesperson shall subject the license of the qualify-
ing salesperson to sanction as authorized by this Code chapter. The
qualifying salesperson shall be the only licensee of a corporation or
partnership licensed as a salesperson. The license of a corporation or
partnership licensed as a salesperson must be assigned to a licensed
broker. The licensed salesperson, corporation or partnership or
qualifying salesperson may not engage in the brokerage business
except in behalf of the broker to whom their licenses are assigned.
Section 7. Said Code chapter is further amended by striking
subsection (c) of Code Section 84-1419, which reads as follows:
(c) Each broker shall authorize the Commission to examine
such trust account by a duly authorized representative of the Com-
mission. Such examination may be made annually or at such time as
the Commission may direct.,
and inserting in its place a new subsection (c) to read as follows:
(c) Each broker shall authorize the commission to examine
such trust account by a duly authorized representative of the commis-
sion. Such examination may be made annually or at such time as the
commission may direct. The commission, in its discretion, may
accept a certified report from a certified public accountant that the
brokers trust account or accounts are maintained in accordance with
the provisions of this chapter and its attendant rules and regulations
in lieu of an examination by a duly authorized representative of the
commission.
1010
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 8. Said Code chapter is further amended by striking
subsection (h) of Code Section 84-1424 and inserting in its place a new
subsection (h) to read as follows:
(h) The commission, in its discretion, may use any and all
funds, in excess of the $500,000.00 required by paragraph (a) of this
section, regardless of whether such funds are from the real estate
education, research, and recovery fund or from accrued interest
thereon, for the purpose of helping to underwrite the cost of educa-
tion and research programs for the benefit of licensees and the public
as the commission may approve in accordance with the provisions of
Code Chapter 84-14 and its rules and regulations: Provided, however,
that the commission shall not expend or commit sums for educational
or research purposes in such amounts that would cause the real estate
education, research, and recovery fund to be reduced to an amount
less than $500,000.00.
Section 9. Said Code chapter is further amended by adding
immediately following Code Section 84-1426 a new Code section, to
be designated Code Section 84-1427, to read as follows:
84-1427. Nothing contained in this chapter shall be construed as
establishing an employer-employee or broker-independent contrac-
tor relationship between licensees. Whether brokers and their affili-
ated licensees establish employer-employee or broker-independent
contractor relationships shall be at the discretion of the licensees.
Part 2
Section 10. Chapter 40 of Title 43 of the Official Code of Georgia
Annotated, relating to real estate brokers and salespersons, is
amended by striking subsections (a) through (d) of Code Section 43-
40-8, which read as follows:
(a) No license shall be issued to any person who has not
attained the age of 18 years nor to any person who is not a resident of
this state, unless that person has fully complied with Code Section 43-
40-9. No new license shall be issued to any person who is not a high
school graduate or the holder of a certificate of equivalency.
(b) Each applicant for a brokers examination shall have first
served actively for three years as a licensed salesperson and shall:
GEORGIA LAWS 1982 SESSION
1011
(1) Furnish evidence of completion of 60 in-class hours in a
brokers course of study approved by the commission or, in lieu
thereof, a correspondence course for brokers approved by the
commission; or
(2) Shall furnish an official transcript showing that the
applicant has successfully completed at least 15 quarter hours or
nine semester hours in real estate subjects, as determined by the
commission, at any accredited university or college in the United
States.
(c) Each applicant for a salespersons examination shall:
(1) Furnish evidence of completion of 24 in-class hours in a
salespersons course of study approved by the commission or, in
lieu thereof, a correspondence course for salespersons approved by
the commission; or
(2) Furnish an official transcript that he has successfully
completed at least five quarter hours or three semester hours in
real estate subjects, as determined by the commission, at any
accredited university or college in the United States.
(d) Each applicant for a license shall stand a real estate exami-
nation covering generally the matters confronting real estate brokers
and salespersons. Such examinations may be taken before the com-
mission or any person designated by the commission. Failure to pass
the examination shall be grounds for denial of license without further
hearing.,
and inserting in their place new subsections (a) and (b) to read as
follows:
(a) In order to qualify for a salespersons license an applicant
must:
(1) Have attained the age of 18 years;
(2) Be a resident of the State of Georgia, unless that person
has fully complied with the provisions of Code Section 43-40-9;
(3) Be a high school graduate or the holder of a certificate of
equivalency;
1012
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Furnish evidence of completion of 24 in-class hours in a
salespersons course of study approved by the commission or, in
lieu thereof, a correspondence course for salespersons approved by
the commission, or furnish an official transcript which shows that
he has successfully completed at least five quarter hours or three
semester hours in real estate subjects, as determined by the
commission, at an accredited university or college in the United
States; and
(5) Stand and pass a real estate examination administered
by or approved by the commission covering generally the matters
confronting real estate brokers and salespersons.
Failure to meet any of these requirements shall be grounds for
denial of license without a hearing.
(b) In order to qualify for a broker or associate brokers license,
an applicant must:
(1) Have attained the age of 21 years;
(2) Be a resident of the State of Georgia, unless that person
has fully complied with the provisions of Code Section 43-40-9;
(3) Be a high school graduate or the holder of a certificate of
equivalency;
(4) Have served actively for three years as a licensed sales-
person;
(5) Furnish evidence of completion of 60 in-class hours in a
brokers course of study approved by the commission or, in lieu
thereof, a correspondence course for brokers approved by the
commission, or furnish an official transcript showing that the
applicant has successfully completed at least 15 quarter hours or
nine semester hours in real estate subjects, as determined by the
commission, at any accredited university or college in the United
States; and
(6) Stand and pass a real estate examination administered
by or approved by the commission covering generally the matters
confronting real estate brokers and salespersons.
GEORGIA LAWS 1982 SESSION
1013
Failure to meet any of the requirements shall be grounds for
denial of license without a hearing.,
and by redesignating subsections (e) through (j) as subsections (c)
through (h), respectively.
Section 11. Said chapter is further amended by striking Code
Section 43-40-10, which reads as follows:
43-40-10. No brokers license shall be granted to a corporation
or partnership unless the corporation or partnership designates a
qualifying broker who owns more than a nominal interest in the
corporation or partnership; and every person who acts as a sales-
person for such corporation or partnership shall hold a real estate
license as an associate broker or salesperson.,
and inserting in its place a new Code Section 43-40-10 to read as
follows:
43-40-10. (a) No brokers license shall be granted to a corpo-
ration or partnership unless said corporation or partnership desig-
nates a qualifying broker who shall be responsible for assuring that
the corporation or partnership and its affiliated licensees comply with
the provisions of this chapter and its attendant rules and regulations.
Violations of said Code provisions or rules and regulations by a
corporation or partnership licensed as a broker shall subject the
license of the qualifying broker to sanction as authorized by this
chapter. No brokers license shall be granted to a corporation or
partnership unless every person who acts as a salesperson for such
corporation or partnership shall hold a real estate license as an
associate broker or salesperson.
(b) No associate brokers license shall be granted to a corpora-
tion or partnership unless said corporation or partnership designates
a qualifying associate broker who shall be responsible for assuring
that the corporation or partnership complies with the provisions of
this chapter and its attendant rules and regulations. Violations of
said Code provisions or rules and regulations by a corporation or
partnership licensed as an associate broker shall subject the license of
the qualifying associate broker to sanction as authorized by this
chapter. The qualifying associate broker shall be the only licensee of
a corporation or partnership licensed as an associate broker. The
license of a corporation or partnership licensed as an associate broker
1014
GENERAL ACTS AND RESOLUTIONS, VOL. I
must be assigned to a licensed broker. The licensed associate broker
corporation or partnership or qualifying associate broker may not
engage in the brokerage business except in behalf of the broker to
whom their licenses are assigned.
(c) No salespersons license shall be granted to a corporation or
partnership unless said corporation or partnership designates a quali-
fying salesperson who shall be responsible for assuring that the
corporation or partnership complies with the provisions of this chap-
ter and its attendant rules and regulations. Violations of said Code
provisions or rules and regulations by a corporation or partnership
licensed as a salesperson shall subject the license of the qualifying
salesperson to sanction as authorized by this chapter. The qualifying
salesperson shall be the only licensee of a corporation or partnership
licensed as a salesperson. The license of a corporation or partnership
licensed as a salesperson must be assigned to a licensed broker. The
licensed salesperson, corporation or partnership or qualifying sales-
person may not engage in the brokerage business except in behalf of
the broker to whom their licenses are assigned.
Section 12. Said chapter is further amended by designating
subsections (e) through (h) of Code Section 43-40-12 as subsections
(h) through (k), respectively, and by striking subsections (a) through
(d) of Code Section 43-40-12, which read as follows:
(a) To pay the expense of the maintenance and operation of the
office of the commission and the enforcement of this chapter, the
commission shall, at the time an application is submitted, collect
from an applicant for each brokers, associate brokers, or sales-
persons examination an examination fee in an amount established by
the commission and an investigation fee, if necessary. If the applicant
fails to pass the original examination, the applicant may, upon
payment of an additional fee, retake the examination as often as
scheduled and as many times as he desires. The payment of a fee is
required for each examination. Prior to the issuance of an original
license, each applicant who has passed the examination shall pay a
license fee in advance in an amount established by the commission.
(b) After the issuance of the first license to an applicant, such
license shall cover the remaining period of the biennium. All licenses
described in this Code section shall expire on December 31 of each
odd-numbered year unless renewed.
GEORGIA LAWS 1982 SESSION
1015
(c) The biennial license renewal fees for real estate broker,
associate broker, and salesperson licenses shall be filed on or before
September 1 of the year of expiration of the license.
(d) The real estate brokers, associate brokers, and salespersons
biennial renewal fee shall be in an amount established by the commis-
sion. A license fee for renewal may be filed after September 1 by
paying, by one minute after midnight of December 31 of the year of
renewal, a late renewal fee in an amount established by the commis-
sion. This Code section shall not obviate any other fees or conditions
required to maintain such license in accordance with this chapter.
Any real estate broker, associate broker, or salesperson who fails to
pay a renewal fee and allows his active license to lapse may reactivate
his license within two years of the date of its lapsing by paying the
total amount of all renewal fees and late charges which would have
been due during the period when his license was lapsed, plus a
reactivation fee in an amount established by the commission.,
and inserting in their place new subsections (a) through (g) to read as
follows:
(a) To pay the expense of the maintenance and operation of the
office of the commission and the enforcement of this chapter, the
commission shall establish reasonable fees in accordance with Code
Sections 43-40-13 and 43-40-3 and in accordance with its rule-making
authority. No fee or portion of a fee required under this chapter
which is paid to the commission shall be refunded. Each licensee shall
be responsible for filing his own fees.
(b) When the commission administers an examination, at the
time an application for examination is submitted, the commission
shall collect from the applicant a fee for the examination and an
investigation fee if necessary. If an applicant fails to pass an
examination, upon filing a new application and paying an additional
fee, the applicant may take another examination as soon as schedul-
ing permits.
(c) Prior to the issuance of an original license, each applicant
who has passed the examination required by Code Section 43-40-8
and each corporation, partnership, and branch office shall pay an
activation fee in advance. All licenses shall be issued biennially and
shall be renewed as of January 1 of each even-numbered year. After
the issuance of the first license to an applicant, such license shall
1016
GENERAL ACTS AND RESOLUTIONS, VOL. I
cover the remaining period of the biennium. All licenses will expire at
midnight on the thirty-first day of December in each odd-numbered
year.
(d) The biennial license renewal fees according to this chapter
shall be due and payable as follows: application and fees for real
estate broker, associate broker, salesperson, and branch office shall be
filed on or before September 1 prior to the expiration of said license at
midnight on December 31 of the licensing biennial period. A license
fee for renewal may be filed after September 1 by paying a late
renewal fee on or before December 31 of the biennial licensing period.
All fees shall be deposited into the state treasury for the expenses of
the commission. This Code section shall not obviate any other fees or
conditions required to maintain such license in accordance with this
chapter. A license not renewed in accordance with this subsection
shall be viewed as lapsed.
(e) Applications and fees must be filed personally in the com-
missions offices during regular business hours or may be mailed to
the commissions offices in a letter postmarked by the United States
Postal Service.
(f) Any real estate broker, associate broker, salesperson, or
branch office who fails to pay a renewal fee and allows his active
license to lapse may reactivate his license within two years of the date
of its lapsing by paying the total amount of all renewal fees and late
charges which would have been due during the period when his
license was lapsed plus a reactivation fee.
(g) Any licensee who seeks to reactivate a license which has been
placed on inactive status as provided in this Code section may do so
by paying fees as established in subsection (c) of this Code section.
Section 13. Said chapter is further amended by striking subsec-
tion (b) of Code Section 43-40-13, which reads as follows:
(b) Notwithstanding any other provisions of this chapter, the
commission shall be authorized to allow a nonstate agency with which
it may contract for examination services to collect a portion or all of
an examination fee. Any fees collected by such nonstate agency which
exceed the actual cost of services for which the commission has
contracted shall be returned to the commission and deposited by the
commission into the state treasury.,
GEORGIA LAWS 1982 SESSION
1017
and by striking from subsection (a) of said Code section the following
designation:
(a).
Section 14. Said chapter is further amended by striking subsec-
tion (c) of Code Section 43-40-20, which reads as follows:
(c) Each broker shall authorize the commission to examine
such trust account by a duly authorized representative of the commis-
sion. Such examination may be made annually or at such time as the
commission may direct.,
and inserting in its place a new subsection (c) to read as follows:
(c) Each broker shall authorize the commission to examine
such trust account by a duly authorized representative of the commis-
sion. Such examination may be made annually or at such time as the
commission may direct. The commission, in its discretion, may
accept a certified report from a certified public accountant that the
brokers trust account or accounts are maintained in accordance with
the provisions of this chapter and its attendant rules and regulations
in lieu of an examination by a duly authorized representative of the
commission.
Section 15. Said chapter is further amended by striking subsec-
tion (j) of Code Section 43-40-22 and inserting in its place a new
subsection (j) to read as follows:
(j) The commission, in its discretion, may use any and all
funds, in excess of $500,000.00 required by subsection (b) of this Code
section, regardless of whether such funds are from the real estate
education, research, and recovery fund or from accrued interest
thereon, for the purpose of helping to underwrite the cost of educa-
tion and research programs for the benefit of licensees and the public
as the commission may approve in accordance with the provisions of
this chapter and its rules and regulations; provided, however, that the
commission shall not expend or commit sums for educational or
research purposes in such amounts that would cause the real estate
education, research, and recovery fund to be reduced to an amount
less than $500,000.00.
1018
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 16. Said chapter is further amended by redesignating
subsection (b) of Code Section 43-40-24 as subsection (c) and by
adding immediately following subsection (a) of Code Section 43-40-24
a new subsection (b) to read as follows:
(b) No broker shall bring or maintain any action in the courts of
this state for the collection of compensation for the performance of
any of the acts mentioned in this chapter without alleging and
proving that any associate broker or salesperson acting in the brokers
behalf was duly licensed at the time the alleged cause of action arose.
Section 17. Said chapter is further amended by adding between
Code Sections 43-40-30 and 43-40-31 a new Code section, to be
designated Code Section 43-40-30.1, to read as follows:
43-40-30.1. Nothing contained in this chapter shall be con-
strued as establishing an employer-employee or broker-independent
contractor relationship between licensees. Whether brokers and their
affiliated licensees establish employer-employee or broker-indepen-
dent contractor relationships shall be at the discretion of the licens-
ees.
Section 18. Said chapter is further amended by striking Code
Section 43-40-32, relating to termination of the commission, and
inserting in its place a new Code Section 43-40-32 to read as follows:
43-40-32. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the Georgia Real Estate Commission
shall be terminated on July 1, 1988, and this chapter and any other
laws relating to such commission shall be repealed in their entirety
effective on the date specified in Code Section 43-2-8.
Part 3
Section 19. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1019
Section 20. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 13,1982.
STATE BOARD FOR EXAMINATION,
QUALIFICATION, AND REGISTRATION
OF ARCHITECTS ACT AMENDED.
Code Chapter 84-3 Amended.
Code Title 43, Chapter 4 Amended.
No. 1328 (House Bill No. 1218).
AN ACT
To amend Code Chapter 84-3, relating to architects, as amended,
so as to change the time of the termination of the State Board for
Examination, Qualification, and Registration of Architects and the
repeal of the laws relating thereto; to change the provisions relating to
enforcement by officials responsible for enforcing building construc-
tion codes; to amend Chapter 4 of Title 43 of the Official Code of
Georgia Annotated, relating to architects, so as to change the provi-
sions relating to adoption of rules and regulations; to change the
provisions relating to qualification of applicants; to change the provi-
sions relating to filing and recording of examination papers; to change
the provisions relating to enforcement by officials responsible for
enforcing building construction codes; to change the time of the
termination of the State Board for Examination, Qualification, and
Registration of Architects and the repeal of the laws relating thereto;
to provide effective dates; to provide for automatic repeal of certain
provisions of this Act; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
1020
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 1
Section 1. Code Chapter 84-3, relating to architects, as
amended, is amended by adding between Code Sections 84-304 and
84-305 a new Code section, to be designated Code Section 84-304.1, to
read as follows:
84-304.1. Termination. Pursuant to Section 9 of The Act
Providing for the Review, Continuation, Reestablishment or Termi-
nation of Regulatory Agencies, approved March 24, 1977 (Ga. L.
1977, p. 961), as now or hereafter amended, the State Board for
Examination, Qualification, and Registration of Architects and the
laws relating thereto are hereby continued until July 1,1988, 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 1A. Said chapter is further amended by striking Code
section 84-321.1 in its entirety and inserting in lieu thereof a new
Code Section 84-321.1 to read as follows:
84-321.1. Enforcement of chapter. Except as provided in Sec-
tion 9 of an Act creating the office of Georgia Safety Fire Commis-
sioner, approved February 25, 1949 (Ga. L. 1949, p. 1057), as
amended, particularly by an Act approved April 17,1981 (Ga. L. 1981,
p. 1779), it shall be the duty of all public officials charged with the
responsibility of enforcing codes related to construction of buildings
to require compliance with Code Section 84-321 before architectural
plans, drawings, and specifications are approved for construction.
Except as provided in Section 9 of an Act creating the office of
Georgia Safety Fire Commissioner, approved February 25,1949 (Ga.
L. 1949, p. 1057), as amended, particularly by an Act approved April
17,1981 (Ga. L. 1981, p. 1779), 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.
GEORGIA LAWS 1982 SESSION
1021
Part 2
Section 2. Chapter 4 of Title 43 of the Official Code of Georgia
Annotated, relating to architects, is amended by striking Code Sec-
tion 43-4-9 in its entirety and inserting in lieu thereof a new Code
Section 43-4-9 to read as follows:
43-4-9. The board shall adopt all necessary rules, regulations,
and standards of conduct, not inconsistent with this chapter and the
Constitution and laws of this state and of the United States, to carry
out this chapter and to safeguard life, health, and property.
Section 3. Said chapter is further amended by striking in its
entirety subsection (c) of Code Section 43-4-11 and inserting in lieu
thereof a new subsection (c) to read as follows:
(c) The applicant for a certificate of registration shall meet the
experience requirements set forth in paragraph (1) or (2) of subsec-
tion (b) of this Code section and shall hold a National Council of
Architectural Registration Boards certificate and a certificate of
registration in the county, state, or territory of residency, both of
which shall be in good standing. Such application must be accompa-
nied by a council record prepared by the National Council of Archi-
tectural Registration Boards and such other evidence as the board
may require.
Section 4. Said chapter is further amended by striking in its
entirety Code Section 43-4-12 and inserting in lieu thereof a new Code
Section 43-4-12 to read as follows:
43-4-12. The filing, recording, and renewal of all examination
papers and other evidences of qualification submitted by each appli-
cant shall be filed with the board through the joint-secretary. Except
as provided in subsection (k) of Code Section 43-1-2, the joint-
secretary shall keep a record, open to public inspection at all reason-
able times, of the proceedings of the board relating to the issuance,
refusal, renewal, suspension, and revocation of certificates of registra-
tion.
Section 4A. Said chapter is further amended by striking Code
Section 43-4-15 in its entirety and inserting in lieu thereof a new Code
Section 43-4-15 to read as follows:
1022
GENERAL ACTS AND RESOLUTIONS, VOL. I
43-4-15. Except as provided in Code Section 25-2-14, it shall be
the duty of all public officials charged with the responsibility of
enforcing codes related to the construction of buildings to require
compliance with Code Section 43-4-14 before architectural plans,
drawings, and specifications are approved for construction. Except as
provided in Code Section 25-2-14, no building subject to Code Section
43-4-14 and requiring the services of an architect shall be built
without such approval prior to construction.
Section 5. Said chapter is further amended by striking in its
entirety Code Section 43-4-18 and inserting in lieu thereof a new Code
Section 43-4-18 to read as follows:
43-4-18. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the State Board for Examination,
Qualification, and Registration of Architects shall be terminated on
July 1, 1988, and this chapter and any other laws relating to such
board shall be repealed in their entirety effective on the date specified
in Code Section 43-2-8.
Part 3
Section 6. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA LAWS 1982 SESSION
1023
EMPLOYMENT SECURITY LAW AMENDED.
Code Title 34, Chapter 8 Amended.
No. 1329 (House Bill No. 1231).
AN ACT
To amend an Act known as the Employment Security Law (form-
erly the Unemployment Compensation Law), approved March 29,
1937 (Ga. L. 1937, p. 806), as amended, so as to delete the national
trigger for extended benefits as required by the Federal Unemploy-
ment Tax Act; to remove obsolete dates; to change the state trigger
for extended benefits; to change the method of computing the insured
unemployment rate for extended benefits; to renumber paragraphs;
to correct cross-references; to reduce extended benefits by trade
readjustment entitlement; to require insured wages for certain pur-
poses; to prohibit disqualification of claimants in approved training
under the Trade Readjustment Act; to change the word workmens
to workers compensation; to provide for disqualification of stu-
dents in approved training who are kicked out for cause; to eliminate
unnecessary and duplicate language; to provide for the same termina-
tion schedule for all employers; to provide for child support intercept
payments; to change the time for forfeiture on fraud; to change
certain ages in the law; to clarify the definition of intern; to delete a
certain section which is obsolete; to provide for conformity with
federal law; to provide for other matters relative to the foregoing; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide effective dates; to provide for automatic repeal of certain provi-
sions of this Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act known as the Employment Security Law
(formerly the Unemployment Compensation Law), approved March
29, 1937 (Ga. L. 1937, p. 806), as amended, is amended by striking
paragraph (1) of subsection (a) of Section 3A in its entirety and
inserting in lieu thereof a new paragraph (1) to read as follows:
(1) Extended benefit period means a period which
1024
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) begins with the third week after a week for which there
is a State on indicator; and
(B) ends with either of the following weeks, whichever
occurs later:
(i) the third week after the first week for which there
is a State off indicator; or
(ii) the thirteenth consecutive week of such period:
Provided, that no extended benefit period may begin by reason of
a State on indicator before the fourteenth week following the end
of a prior extended benefit period which was in effect with respect to
this State.
Section 2. Said Act is further amended by striking in their
entirety paragraphs (2) and (3) of subsection (a) of Section 3A, which
read as follows:
(2) For weeks beginning after December 31, 1976, there is a
National on indicator for a week if, for the period consisting of
such week and the immediately preceding twelve weeks, the rate of
insured unemployment (seasonally adjusted) for all states equaled or
exceeded 4.5 per centum (determined by the U. S. Secretary of Labor
by reference to the average monthly covered employment for the first
four of the most recent six calendar quarters ending before the close
of such period).
(3) For weeks beginning after December 31, 1976, there is a
National off indicator for a week if, for the period consisting of
such week and the immediately preceding twelve weeks, the rate of
insured unemployment (seasonally adjusted) for all states was less
than 4.5 per centum (determined by the U. S. Secretary of Labor by
reference to the average monthly covered employment for the first
four of the most recent six calendar quarters ending before the close
of such period).
Section 3. Said Act is further amended by striking in their
entirety paragraphs (4) and (5) of subsection (a) of Section 3A and
inserting in lieu thereof the following:
GEORGIA LAWS 1982 SESSION
1025
(2) There is a State on indicator for a week if the rate of
insured unemployment under the State law for the period consisting
of such week and the immediately preceding twelve weeks:
(A) equaled or exceeded 120 per centum of the average of
such rates for the corresponding thirteen-week period ending in
each of the preceding two calendar years, and
(B) equaled or exceeded 5 per centum.
(3) There is a State off indicator for a week if, for the period
consisting of such week and the immediately preceding twelve weeks,
either subparagraph (A) or subparagraph (B) of paragraph (2) of this
subsection is not satisfied.
Section 4. Said Act is further amended by striking in its entirety
paragraph (6) of subsection (a) of Section 3A and inserting in lieu
thereof the following:
(4) Rate of insured unemployment, for purposes of para-
graphs (2) and (3) of this subsection, means the percentage derived by
dividing
(A) the average weekly number of individuals filing claims
in this State (but not including individuals filing claims for
extended benefits nor including regular benefits claimed by fed-
eral civilian employees and ex-servicemen) for weeks of unem-
ployment with respect to the most recent 13-consecutive-week
period, as determined by the Commissioner on the basis of his
reports to the U. S. Secretary of Labor, by
(B) the average monthly employment covered under this
Act for the first four of the most recent six completed calendar
quarters ending before the end of such 13-week period.
Section 5. Said Act is further amended by renumbering para-
graphs (7) through (11) of subsection (a) of Section 3A as paragraphs
(5) through (9), respectively.
Section 6. 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:
1026
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Eligibility requirements for extended benefits.
(1) An individual shall be eligible to receive extended bene-
fits 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 (8) of
subsection (a) of this Section, and
(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.
(4) Provided, further, if the benefit year of a claimant ends
with an extended benefit period, the number of weeks of extended
benefits that such claimant would be entitled to in that extended
benefit period, but for this subsection, shall be reduced (but not
below zero) by the number of weeks for which the claimant was
entitled to trade readjustment allowances during such benefit
year. For purposes of this paragraph, the terms benefit year and
extended benefit period shall have the same respective mean-
ings.
Section 7. Said Act is further amended by striking in their
entirety subsections (f) and (g) of Section 3A and inserting in lieu
thereof new subsections (f) and (g) to read as follows:
GEORGIA LAWS 1982 SESSION
1027
(f) Beginning and termination of extended benefit period. -
Whenever an extended benefit period is to become effective in this
State as a result of the State on indicator or an extended benefit
period is to be terminated in this State as a result of the State off
indicator, the Commissioner shall make an appropriate announce-
ment.
(g) Computations. - Computations required by the provisions
of paragraph (4) of subsection (a) of this Section shall be made by the
Commissioner in accordance with regulations prescribed by the U. S.
Secretary of Labor.
Section 8. Said Act is further amended by striking in their
entirety subsections (f) and (g) of Section 4 and inserting in lieu
thereof new subsections (f), (g), and (h) to read as follows:
(f) He has, since the effective date of his last established
previous benefit year, performed services in bona fide employment
and earned insured wages for such services equal to at least eight (8)
times the weekly benefit amount of the new benefit year.
(g) He has, since retiring of his own volition to receive a pension,
performed services in bona fide employment and earned insured
wages for such services equal to at least eight (8) times the weekly
benefit amount.
(h) A claimant shall not be deemed ineligible or disqualified for
benefits because he is in training approved by the Secretary of Labor
pursuant to the Trade Act of 1974 as amended, even though he
voluntarily quit work which was not suitable to enter such training, or
he is not able, available or actively seeking work, or he refused work
during any week of such training. For the purpose of this subsection
the term suitable work means, with respect to a claimant, work of a
substantially equal or higher skill level than the claimants past
adversely affected work, and wages for such work are not less than
80% of the claimants average weekly wage in the adversely affected
work. Provided, no claimant shall be deemed ineligible or disquali-
fied for benefits by operation of Section 3A(j) of this Act, who is in
approved training as referred to in this subsection. Provided further,
should the employer respond timely and such voluntary separation on
the part of the claimant is without good cause in connection with his
most recent work such employers experience rating account shall not
receive charges for any benefits paid as provided for in Section
1028
GENERAL ACTS AND RESOLUTIONS, VOL. I
7(c)(2). Provided further, should the claimant refuse suitable work
while in training and the employer files timely information as pro-
vided by regulation, such employers experience rating account shall
not be charged. Provided further, pursuant to 5(c) of this Act, 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 subsection.
Section 9. Said Act is further amended by striking in its entirety
paragraph (2) of subsection (e) of Section 5 and inserting in lieu
thereof a new paragraph (2) to read as follows:
(2) Compensation for temporary partial or temporary total
disability under the Workers Compensation Law of any State or
under a similar law of the United States;.
Section 10. Said Act is further amended by striking in its
entirety subsection (g) of Section 5 and inserting in lieu thereof a new
subsection (g) to read as follows:
(g) Who is attending a training course as provided in Section
4(c) of the Act and voluntarily quits attending such course without
good cause, shall be disqualified for benefits under the provisions of
Section 5(a) providing for a disqualification for voluntarily quitting a
job. Provided further, if any individual is separated from training
approved under Section 4(c)(3) due to their own failure to abide by
rules of the training facility, they shall be disqualified for benefits
under the provisions of Section 5(b).
Section 11. Said Act is further amended by striking in its
entirety subsection (b) of Section 6 and inserting in lieu thereof a new
subsection (b) to read as follows:
(b) Initial Determination. - An examiner designated by the
Commissioner shall take the claim. An initial determination thereon
shall be made promptly and shall include a determination with
respect to whether or not benefits are payable, the week with respect
to which benefits shall commence, the weekly benefit amount pay-
able, and the maximum duration of benefits.
(1) Whenever a determination (A) involves the application
of Section 5(d) or (B) involves multiple claimants and difficult
issues of fact or law; the Commissioner may refer the case to an
GEORGIA LAWS 1982 SESSION
1029
Appeals Tribunal for hearing and decision in accordance with
Section 6(c).
(2) The claimant and any other parties to the determination
or redetermination shall be promptly notified of the initial deter-
mination or redetermination and the reasons therefor.
(3) A determination shall be deemed final unless a party
entitled to notice thereof applies for reconsideration of the deter-
mination or appeals therefrom within ten days after the notice was
mailed to his last known address or otherwise delivered to him.
(4) A redetermination on an application for reconsideration
shall be deemed final unless a party entitled to notice thereof files
an appeal within ten days after the notice was mailed to his last
known address or otherwise delivered to him.
(5) Notwithstanding any provision in Section 5 or 6, bene-
fits shall be paid promptly in accordance with a determination or
redetermination under this Section, or the decision of an Appeal
Tribunal, the Board of Review or a reviewing court allowing
benefits upon the issuance of such determination, redetermina-
tion or decision, without such payments being withheld pending
outcome of application for reconsideration, hearing of an appeal,
review by the Board of Review, or decision of a court, unless and
until such determination, redetermination or decision has been
modified or reversed by a subsequent redetermination or decision,
in which event benefits shall be paid or denied for weeks of
unemployment in accordance with such modifying or reversing
redetermination or decision; provided further, neither the Board
of Review nor any Court shall issue an injunction, supersedeas,
stay, or other writ or process suspending the payment of such
benefits pending the disposition of such appeal.
Section 12. Said Act is further amended by striking in its
entirety paragraph (9) of subsection (c) of Section 7 and inserting in
lieu thereof a new paragraph (9) to read as follows:
(9) The Commissioner shall by regulation provide for the noti-
fication of each employer of charges made against his account at
intervals not less frequent than semiannually. The charges in such
notification shall be binding upon each employer for all purposes
unless he files a request for review and redetermination in writing
1030
GENERAL ACTS AND RESOLUTIONS, VOL. I
setting forth the charges to which he objects and the basis of such
objection within 15 days of such prescribed notification. Upon such
request being filed the employer shall be granted an opportunity for a
fair hearing, but no employer shall have standing, in any proceeding
involving his rate of contribution, to contest the chargeability to his
account of any benefit paid in accordance with a determination,
redetermination or decision pursuant to Section 6 except upon the
ground that the services on the basis of which such benefits were
found to be chargeable did not constitute services performed in
employment for him, and only in the event that he was not a party to
such determination, redetermination or decision, or to any other
proceedings under this Act in which the character of such services
were determined. The employer shall be promptly notified of the
Commissioners redetermination, which shall become final unless,
within 15 days after the mailing of notice thereof to his last known
address, or, in the absence of mailing, within 15 days after the delivery
of such notice, a petition for judicial review is filed in the Superior
Court of Fulton County. In any proceeding under this Section the
findings of the Commissioner 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. No additional
evidence shall be received by the court, but the court may order
additional evidence to be taken before the Commissioner, and the
Commissioner may, after hearing such additional evidence, modify
his determination, and file such modified determination, together
with a transcript of the additional record, with the court. Such
proceedings shall be heard in a summary manner and shall be given
precedence over all other civil cases except cases arising under
Section 6 and the Workers Compensation Law of this State. An
appeal may be taken from the decision of the Superior Court of
Fulton County to the Court of Appeals of Georgia in the same manner
as is provided in civil cases.
Section 13. Said Act is further amended by striking in its
entirety subsection (b) of Section 8, which reads as follows:
(b) Termination of Liability. Except as otherwise provided in
subsection (c) of this Section, an employing unit shall cease to be an
employer subject to this Act only as of the first day of January of any
calendar year, only if it files with the Commissioner, prior to the
thirtieth day of April of the next succeeding year, a written applica-
tion for termination of coverage, and the Commissioner finds that
there were no twenty different days, each day being in a different
GEORGIA LAWS 1982 SESSION
1031
week within the first named calendar year, within which such employ-
ing unit employed one or more individuals in employment and in the
first named calendar year did not pay for services in employment
wages of $1,500 or more in a calendar quarter or was not otherwise
subject to this Act, or in the case of a nonprofit organization, if the
organization did not employ four or more individuals for some portion
of a day in each of twenty different weeks, whether or not such weeks
were consecutive, in the first named calendar year, or was not
otherwise subject to this Act. Accordingly, coverage may be termi-
nated as of January 1 of said calendar year and contributions paid
with respect to employment subsequent to said date may be
refunded. Such refunds shall not operate to decrease the wage credits
of any individual. For the purpose of this subsection, the two or more
employing units mentioned in paragraph (2) or (3) of Section 19 (g)
shall be treated as a single employing unit. Notwithstanding the
foregoing provisions, the liability of an employer may be terminated
by the Commissioner when it appears that such employer had no
employment during a calendar year, or when it appears that after
selling all of his business, the employer did not employ at least one
individual for some portion of a day in each of twenty different
calendar weeks, whether or not such weeks were consecutive, in the
next succeeding calendar year, and did not pay for services in
employment wages of $1,500 or more in a calendar quarter within
such next succeeding calendar year, or in the case of a nonprofit
organization did not employ four or more individuals for some portion
of a day in each of twenty different calendar weeks, whether or not
such weeks were consecutive, within the next succeeding calendar
year.
(1) In the case of an employer liable for domestic coverage
which did not pay for services in domestic employment remunera-
tion in cash of $1,000 or more during any calendar quarter in the
current or preceding year shall cease to be an employer subject to
the domestic coverage provisions of this Act as of the first day of
January of such calendar year, provided the employer files with
the Commissioner, prior to the thirtieth day of April of the next
succeeding year, a written application for termination of domestic
coverage, and the Commissioner finds the employer has not,
during the current or preceding year, paid remuneration in cash of
$1,000 or more for domestic services in any calendar quarter.
Accordingly, coverage may be terminated as of January 1 of said
calendar year and contributions paid with respect to domestic
employment subsequent to said date may be refunded. Such
1032
GENERAL ACTS AND RESOLUTIONS, VOL. I
refunds shall not operate to reduce the wage credits of any
individual.
(2) In the case of an employer liable for agricultural cover-
age which did not, during any calendar quarter in the current or
preceding year, pay remuneration in cash of $20,000 or more to
individuals employed in agricultural labor or did not for some
portion of a day in each of 20 different calendar weeks, whether or
not such weeks were consecutive, in the current or preceding
calendar year, have in employment 10 or more individuals, regard-
less of whether or not they were employed at the same moment of
time, shall cease to be an employer subject to the agricultural
provisions of this Act as of the first day of January of such
calendar year, provided the employer files with the Commissioner,
prior to the thirtieth day of April of the next succeeding year, a
written application for termination of agricultural coverage, and
the Commissioner finds there was not remuneration in cash of
$20,000 or more paid by the employer for agricultural services
within any calendar quarter of the first named calendar year, and
also finds the employer did not for some portion of a day in each of
20 different calendar weeks, whether or not such weeks were
consecutive, have in employment 10 or more individuals, regard-
less of whether or not they were employed at the same moment of
time. Accordingly, coverage may be terminated as of January 1 of
said calendar year and contributions paid with respect to agricul-
tural employment subsequent to said date may be refunded. Such
refunds shall not operate to reduce the wage credits of any
individual.,
and inserting in lieu thereof a new subsection (b) to read as follows:
(b) Termination of Liability.
(1) Except as otherwise provided in subsection (c) of this
Section, an employing unit liable under this Act, in order to
terminate liability, must apply, in writing, to the Commissioner
prior to April 30. If the Commissioner finds that such employer
did not have employment in twenty different days, each day being
in a different week within the completed preceding calendar year,
within which such employing unit did not employ one or more
individuals in employment and in the same calendar year did not
pay for services in employment, wages of $1,500 or more in any
calendar quarter or was not otherwise subject to this Act, then
GEORGIA LAWS 1982 SESSION
1033
such coverage shall be terminated as of January 1 of such com-
pleted preceding calendar year. In the case of non-profit organiza-
tions, if the Commissioner finds, the organization did not employ
four or more individuals for some portion of a day in each of
twenty different weeks, whether or not such weeks were consecu-
tive, in the completed preceding calendar year, or was not other-
wise subject to this Act, then such coverage shall be terminated as
of January 1, of such completed preceding calendar year. Contri-
butions paid with respect to covered employment for such com-
pleted preceding calendar year may be refunded. Such refunds
shall not operate to decrease the wage credits of any individual.
For the purpose of this paragraph, the two or more employing
units mentioned in paragraphs (2) or (3) of Section 19(g) shall be
treated as a single employing unit.
(2) An employer liable for domestic coverage, in order to
terminate such coverage, must apply, in writing, to the Commis-
sioner prior to April 30. If the Commissioner finds that such
employer did not pay for services in domestic employment remu-
neration in cash of $1,000 or more during any calendar quarter in
the completed preceding calendar year, then domestic coverage
shall be terminated as of January 1, of such completed preceding
calendar year. Contributions paid with respect to domestic
employment for such completed preceding calendar year may be
refunded. Such refunds shall not operate to reduce the wage
credits of any individual.
(3) An employer liable for agricultural coverage, in order to
terminate such coverage, must apply in writing, to the Commis-
sioner prior to April 30. If the Commissioner finds that such
employer did not, during any calendar quarter in the completed
preceding calendar year, pay remuneration in cash of $20,000 or
more to individuals employed in agricultural labor or did not for
some portion of a day in each of 20 different calendar weeks,
whether or not such weeks were consecutive, in the completed
preceding calendar year, have in employment 10 or more individ-
uals, regardless of whether or not they were employed at the same
moment of time, then agricultural coverage shall be terminated as
of January 1, of such completed preceding calendar year. Contri-
butions paid with respect to agricultural employment for such
completed preceding calendar year may be refunded. Such
refunds shall not operate to reduce the wage credits of any
individual.
1034
GENERAL ACTS AND RESOLUTIONS, VOL. I
Notwithstanding the provisions in paragraphs (1), (2) and (3) of
this subsection, the liability of an employer may be terminated by the
Commissioner when it appears that such employer had no employ-
ment during a calendar year, or when it appears that after selling all
of his business, the employer did not employ at least one individual
for some portion of a day in each of twenty different calendar weeks,
whether or not such weeks were consecutive, in the next succeeding
calendar year, and did not pay for services in employment wages of
$1,500 or more in a calendar quarter within such next succeeding
calendar year, or in the case of a nonprofit organization did not
employ four or more individuals for some portion of a day in each of
twenty different calendar weeks, whether or not such weeks were
consecutive, within the next succeeding calendar year.
Section 14. Said Act is further amended by striking in their
entirety subsections (b) and (c) of Section 9 and inserting in lieu
thereof new subsections (b) and (c) to read as follows:
(b) Accounts and Deposits. - The Commissioner of Labor
shall be custodian of the fund and he shall administer such fund and
shall issue his warrants upon it in accordance with such regulations as
he shall prescribe. He shall maintain within the fund three separate
accounts: (1) a clearing account; (2) an unemployment trust fund
account; and (3) a benefit account. All moneys payable to the fund
shall, upon receipt thereof by the Commissioner, be immediately
deposited by him in the clearing account. Refunds payable pursuant
to subsection (d) of Section 14 and Section 19(h)(14)(F) of this Act
may be paid from the clearing account of the benefit account upon
warrants issued by the Commissioner. After clearance thereof, all
other moneys in the clearing account shall be immediately deposited
with the Secretary of the Treasury of the United States of America to
the credit of the account of this State in the Unemployment Trust
Fund established and maintained pursuant to Section 904 of the
Social Security Act, as amended, any provisions of law in this State
relating to the deposit, administration, release, or disbursement of
moneys in the possession or custody of this State to the contrary
notwithstanding. The benefit account shall consist of all moneys
requisitioned from this States account in the Unemployment Trust
Fund. Except as herein otherwise provided, moneys in the clearing
and benefit accounts may be deposited by the Commissioner in any
bank or public depository in which general funds of the State may be
deposited, but no public deposit insurance charge or premium shall
be paid out of the fund; provided that any charges for exchange on
GEORGIA LAWS 1982 SESSION
1035
local bank checks in payment of contributions may be paid as expense
of collection from the administrative fund. Such money shall be
secured by the depository bank to the same extent and in the same
manner as required by the general depository laws of this State; and
collateral pledged for this purpose or bonds given for this purpose
shall be kept separate and distinct from any collateral pledged to
secure the other funds of the State. The Commissioner of Labor shall
be liable on his official bond for the faithful performance of his duties
in connection with the Unemployment Compensation Fund as pro-
vided under this Act. Such liability on the official bond shall be
effective immediately upon the enactment of this provision, and such
liability shall exist in addition to the liability upon any separate bond
existent on the effective date of this provision, or which may be given
in the future. All sums recovered on any surety bond for losses
sustained by the Unemployment Compensation Fund shall be depos-
ited in said fund.
(c) Withdrawals. - Money shall be requisitioned from this
States account in the Unemployment Trust Fund solely for the
payment of regular benefits and extended benefits, and for refunds
pursuant to subsection (d) of Section 14 and Section 19(h)(14)(F) of
this Act and in accordance with regulations prescribed by the Com-
missioner, except that money credited to this States account pursu-
ant to Section 903 of the Social Security Act, as amended, may be
requisitioned and used exclusively as hereinafter provided.
The Commissioner shall from time to time requisition from the
Unemployment Trust Fund such amounts, not exceeding the amount
standing to this States account standing therein, as he deems neces-
sary for the payment of benefits for a reasonable future period. Upon
receipt thereof, the Commissioner shall deposit such moneys in the
benefit account which shall be used solely for the payment of regular
benefits and extended benefits or refunds upon requisition of the
Commissioner as authorized herein. Withdrawal of such moneys in
the benefit account or issuance of warrants thereon shall not be
subject to any provisions of law requiring specific appropriations or
other formal releases of State officers of money in their custody. The
Commissioners requisitions for lump sum withdrawals for the pay-
ment of individual benefit claims shall not exceed in any event the
balance of funds in the Unemployment Trust Fund, and such requisi-
tion shall be in an amount estimated to be necessary for benefit
payments for such reasonable future period as the Commissioner may
by regulation prescribe. Such lump sum amounts, when received by
1036
GENERAL ACTS AND RESOLUTIONS, VOL. I
the Commissioner, shall be immediately deposited by him in the
benefit account maintained in the name of the Commissioner in such
bank or public depository and under such conditions as the Commis-
sioner determines necessary, provided that such bank or public
depository shall be one in which general funds of the State may be
deposited, but no public deposit insurance charge or premium shall
be paid out of the fund; provided, further, that such moneys shall be
secured by the depository bank to the same extent and in the same
manner as required by the general laws of this State governing
depositories of State funds, and collateral pledged for this purpose of
bonds given for this purpose shall be kept separate and distinct from
any collateral or bonds pledged or given to secure other funds of the
State. The Commissioner or his duly authorized representative is
authorized to draw and issue his checks on the said benefit account
for the payment of individual benefit claims. Any balance of moneys
requisitioned from the Unemployment Trust Fund which remains
unclaimed or unpaid in the benefit account after the expiration of the
period for which such sums were requisitioned shall either be deduc-
ted from estimates for and may be utilized for the payment of benefits
during succeeding periods or, in the discretion of the Commissioner,
shall be redeposited with the Secretary of the Treasury of the United
States to the credit of this States account in the Unemployment
Trust Fund as provided in subsection (b) of this Section.
Money credited to the account of this State in the Unemployment
Trust Fund by the Secretary of the Treasury of the United States of
America pursuant to Section 903 of the Social Security Act, as
amended, may be requisitioned and used in the payment of expenses
incurred for the administration of this Act pursuant to a specific
appropriation by the legislature, provided that the expenses are
incurred and the money is requisitioned after the enactment of an
appropriation law which:
(1) Specifies the purposes for which such money is appro-
priated and the amount appropriated therefor;
(2) Limits the period within which such money may be
expended to a period ending not more than two years after the
date of the enactment of the appropriation law; and
(3) Limits the amount which may be obligated during any
twelve-month period beginning on July 1 and ending on the next
June 30 to an amount which does not exceed the amount by which
GEORGIA LAWS 1982 SESSION
1037
(A) the aggregate of the amounts credited to the account of this
State pursuant to Section 903 of the Social Security Act, as
amended, during the same twelve-month period and the twenty-
four preceding twelve-month periods, exceeds (B) the aggregate of
the amounts obligated pursuant to this subsection and charged
against the amounts credited to the account of this State during
such twenty-five twelve-month periods. For the purposes of this
subsection, amounts obligated during any such twelve-month
period shall be charged against equivalent amounts which were
first credited and which are not already so charged, except that no
amount obligated for administration during a twelve-month
period specified herein may be charged against any amount cred-
ited during such a twelve-month period earlier than the twenty-
fourth preceding such period.
Money credited to the account of this State pursuant to Section
903 of the Social Security Act, as amended, may not be withdrawn or
used except for the payment of benefits or for the payment of
expenses for the administration of this Act and of public employment
offices pursuant to this subsection.
Money appropriated for the payment of expenses of administra-
tion pursuant to this subsection shall be requisitioned as needed for
the payment of obligations incurred under such appropriation and,
upon requisition, shall be deposited in the Employment Security
Administration Fund but, until expended, shall remain a part of the
Unemployment Trust Fund. The Commissioner shall maintain a
separate record of the deposit, obligation, expenditure, and return of
funds so deposited. If any money so deposited is, for any reason, not
to be expended for the purpose for which it was appropriated, it shall
be returned promptly to the Secretary of the Treasury of the United
States for credit to this States account in the Unemployment Trust
Fund.
There is authorized to be appropriated by the General Assembly
to the Department of Labor any part of or all money credited to the
account of this State in the Unemployment Trust Fund by the
Secretary of the Treasury of the United States of America pursuant to
Section 903 of the Social Security Act, as amended, and as provided
herein.
Section 15. Said Act is further amended by striking in its
entirety paragraph (1) of subsection (b) of Section 14 and inserting in
lieu thereof a new paragraph (1) to read as follows:
1038
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) If, after due notice, any employer defaults in any payment
of contributions or interest thereon, the amount due, including any
penalty, may be collected by civil action in the name of the Commis-
sioner, and the employer adjudged in default shall pay the cost of
such action. Civil actions brought under this Section to collect
contributions, interest or penalty thereon from an employer shall be
heard by the court at the earliest possible date and shall be entitled to
preference upon the calendar of the court over all other civil actions
except petitions for judicial review under this Act and cases arising
under the Workers Compensation Law of this State, and other
actions to which the State is a material party, which are now given
precedence.
Any employer failing to make return or to pay the contributions
levied under this Chapter for a period of ninety days after the end of
the calendar quarter for which the reports and contributions are due,
and who has not ceased to be an employer as provided therein, may be
enjoined from employing individuals in employment as defined in
this Chapter upon the complaint of the Commissioner, or his desig-
nate, in the Superior Court of any county in which said employer may
be doing business; and such employer so failing to make return or to
pay contributions levied hereunder shall be enjoined from employing
individuals in employment until such return shall have been made
and the contributions shown to be due thereunder paid to the
Commissioner.
Section 16. Said Act is further amended by adding a new
subsection (d) to Section 15 to read as follows:
(d) Effective with new applications for unemployment com-
pensation on and after October 1,1982, each claimant shall disclose to
the Employment Security Agency whether or not such claimant owes
child support obligations:
(1) The Employment Security Agency shall notify the State
or local child support enforcement agency that such individual
owes child support obligations and is eligible for unemployment
compensation.
(2) The Employment Security Agency shall cause to be
deducted and withheld from any unemployment compensation
otherwise payable to such claimant:
GEORGIA LAWS 1982 SESSION
1039
(A) the amount specified by the claimant to be deduc-
ted and withheld; or
(B) the amount determined pursuant to an agreement
submitted to the Employment Security Agency by the State
or local child support enforcement agency; or
(C) any amount otherwise required to be so deducted
and withheld from such unemployment compensation which
has been determined through legal process.
(3) Any amount so deducted and withheld pursuant to
subparagraphs (A), (B) or (C) of paragraph (2) of this subsection
shall be paid to the appropriate State or local child support
enforcement agency.
(4) Any amount deducted and withheld pursuant to this
subsection shall for all purposes be treated as if it were paid to the
claimant as unemployment compensation and then paid by such
claimant to the State or local child support enforcement agency in
satisfaction of the claimants child support obligations.
Section 17. Said Act is further amended by striking in its
entirety subsection (f) of Section 16 and inserting in lieu thereof a
new subsection (f) to read as follows:
(f) Any person who makes a false statement or misrepresenta-
tion as to a material fact, knowing the same to be false or who
knowingly fails to disclose a material fact to obtain or increase
benefits under this Act, either for himself or for any other person, or
who knowingly accepts benefits under this Act to which he is not
entitled, shall, upon an appropriate finding by the Commissioner,
cease to be eligible and shall forfeit all unpaid benefits for any weeks
of unemployment subsequent to the date of the determination issued
by the Commissioner covering said act and/or omission, including any
unpaid benefits to which he would otherwise be entitled during the
remainder of any incompleted calendar quarter in which said deter-
mination is made and the next four complete calendar quarters
immediately following the date of said determination; provided such
person shall be required to repay benefits received for any week as
specified in said determination; provided further, that no determina-
tion may be made more than four years after such occurrence, act, or
omission. Any such determination by the Commissioner may be
1040
GENERAL ACTS AND RESOLUTIONS, VOL. I
appealed in the same manner as provided for the appeal from an
initial determination in Section 6 of this Act. The provisions of this
subsection shall be in addition to, and not in lieu of, any provision
contained in any of the other subsections of this Section.
Section 18. Said Act is further amended by striking in its
entirety subparagraph (E) of paragraph (14) of subsection (h) of
Section 19 and inserting in lieu thereof a new subparagraph (E) to
read as follows:
(E) Service performed by an individual in the employ of his
son, daughter, or spouse, and service performed by a child under the
age of 21 in the employ of his father or mother.
Section 19. Said Act is further amended by striking in its
entirety subparagraph (K) of paragraph (14) of subsection (h) of
Section 19 and inserting in lieu thereof a new subparagraph (K) to
read as follows:
(K) Services performed as a student nurse in the employ of a
hospital or a nurses training school by an individual who is enrolled
and is regularly attending classes in a nurses training school char-
tered or approved pursuant to State law; and service performed in the
employ of a hospital in a clinical training program for a period of one
year by an individual immediately following the completion of a four
years course in a medical school chartered or approved pursuant to
State law.
Section 20. Said Act is further amended by striking in its
entirety Section 21C, which reads as follows:
Section 21C. If those parts of P.L. 91-373 and P.L. 94-566 which
mandate public employee coverage are ultimately and finally adjudi-
cated unconstitutional by the U. S. Supreme Court or any inferior
Federal Court from which an appeal is not made and its determina-
tion becomes final, then it is the intention of the Georgia General
Assembly that such parts of the Georgia Employment Security Act
which require the coverage of public employees in this State are
hereby repealed upon the effective date of such Court decision.
If at any time by any Federal Court there is a stay pendente lite
issued regarding public coverage of employees in this State mandated
by P.L. 91-373 and P.L. 94-566, then the coverage of such employees
GEORGIA LAWS 1982 SESSION
1041
under this Act pursuant to such Court order is automatically sus-
pended for such period of time that the stay pendente lite is in effect,
or until final adjudication.
Part 2
Section 21. Chapter 8 of Title 34 of the Official Code of Georgia
Annotated, relating to employment security, is amended by striking
in its entirety subsection (b) of Code Section 34-8-3, which reads as
follows:
(b) (1) Except as otherwise provided in subsection (c) of this
Code section, an employing unit shall cease to be an employer
subject to this chapter as of January 1 of any calendar year only if
it files with the Commissioner prior to April 30 of the next
succeeding year a written application for termination of coverage
and the Commissioner finds that there were no 20 different days,
each day being in a different week within the first named calendar
year, within which such employing unit employed one or more
individuals in employment and in the first named calendar year
did not pay for services in employment wages of $1,500.00 or more
in a calendar quarter or was not otherwise subject to this chapter;
or, in the case of a nonprofit organization, if the organization did
not employ four or more individuals for some portion of a day in
each of 20 different weeks, whether or not such weeks were
consecutive, in the first named calendar year or was not otherwise
subject to this chapter. Accordingly, coverage may be terminated
as of January 1 of such calendar year and contributions paid with
respect to employment subsequent to said date may be refunded.
Such refunds shall not operate to decrease the wage credits of any
individual. For the purpose of this subsection, the two or more
employing units mentioned in paragraph (3) or (4) of Code Section
34-8-38 shall be treated as a single employing unit. Notwithstand-
ing the foregoing provisions, the liability of an employer may be
terminated by the Commissioner when it appears that such
employer had no employment during a calendar year or when it
appears that, after selling all of his business, the employer did not
employ at least one individual for some portion of a day in each of
20 different calendar weeks, whether or not such weeks were
consecutive, in the next succeeding calendar year and did not pay
for services in employment wages of $1,500.00 or more in a
calendar quarter within such next succeeding calendar year or, in
the case of a nonprofit organization, did not employ four or more
1042
GENERAL ACTS AND RESOLUTIONS, VOL. I
individuals for some portion of a day in each of 20 different
calendar weeks, whether or not such weeks were consecutive,
within the next succeeding calendar year.
(2) An employer liable for domestic coverage which did not
pay for services in domestic employment remuneration in cash of
$1,000.00 or more during any calendar quarter in the current or
preceding year shall cease to be an employer subject to the
domestic coverage provisions of this chapter as of January 1 of
such calendar year, provided the employer files with the Commis-
sioner prior to April 30 of the next succeeding year a written
application for termination of domestic coverage and the Commis-
sioner finds the employer has not during the current or preceding
year paid remuneration in cash of $1,000.00 or more for domestic
services in any calendar quarter. Accordingly, coverage may be
terminated as of January 1 of said calendar year and contributions
paid with respect to domestic employment subsequent to said
date may be refunded. Such refunds shall not operate to reduce
the wage credits of any individual.
(3) An employer liable for agricultural coverage which did
not during any calendar quarter in the current or preceding year
pay remuneration in cash of $20,000.00 or more to individuals
employed in agricultural labor or did not for some portion of a day
in each of 20 different calendar weeks, whether or not such weeks
were consecutive, in the current or preceding calendar year, have
in employment ten or more individuals, regardless of whether or
not they were employed at the same time, shall cease to be an
employer subject to the agricultural provisions of this chapter as
of January 1 of such calendar year, provided the employer files
with the Commissioner prior to April 30 of the next succeeding
year a written application for termination of agricultural coverage
and the Commissioner finds there was not remuneration in cash of
$20,000.00 or more paid by the employer for agricultural services
within any calendar quarter of the first named calendar year and
also finds the employer did not for some portion of a day in each of
20 different calendar weeks, whether or not such weeks were
consecutive, have in employment ten or more individuals, regard-
less of whether or not they were employed at the same time.
Accordingly, coverage may be terminated as of January 1 of said
calendar year and contributions paid with respect to agricultural
employment subsequent to said date may be refunded. Such
refunds shall not operate to reduce the wage credits of any
individual.,
GEORGIA LAWS 1982 SESSION
1043
and inserting in lieu thereof a new subsection (b) to read as follows:
(b) (1) Except as provided in subsection (c) of this Code
section, an employing unit liable under this chapter, in order to
terminate liability, must apply, in writing, to the Commissioner
prior to April 30. If the Commissioner finds that such employer
did not have employment in 20 different days, each day being in a
different week within the completed preceding calendar year,
within which such employing unit did not employ one or more
individuals in employment and in the same calendar year did not
pay for services in employment wages of $1,500.00 or more in any
calendar quarter or was not otherwise subject to this chapter, then
such coverage shall be terminated as of January 1 of such com-
pleted preceding calendar year. In the case of nonprofit organiza-
tions, if the Commissioner finds the organization did not employ
four or more individuals for some portion of a day in each of 20
different weeks, whether or not such weeks were consecutive, in
the completed preceding calendar year or was not otherwise
subject to this chapter, then such coverage shall be terminated as
of January 1 of such completed preceding calendar year. Contri-
butions paid with respect to covered employment for such com-
pleted preceding calendar year may be refunded. Such refunds
shall not operate to decrease the wage credits of any individual.
For the purpose of this subsection, the two or more employing
units mentioned in paragraph (3) or (4) of Code Section 34-8-38
shall be treated as a single employing unit.
(2) An employer liable for domestic coverage, in order to
terminate such coverage, must apply, in writing, to the Commis-
sioner prior to April 30. If the Commissioner finds that such
employer did not pay for services in domestic employment remu-
neration in cash of $1,000.00 or more during any calendar quarter
in the completed preceding calendar year, then domestic coverage
shall be terminated as of January 1 of such completed preceding
calendar year. Contributions paid with respect to domestic
employment for such completed preceding calendar year may be
refunded. Such refunds shall not operate to reduce the wage
credits of any individual.
(3) An employer liable for agricultural coverage, in order to
terminate such coverage, must apply, in writing, to the Commis-
sioner prior to April 30. If the Commissioner finds that such
employer did not, during any calendar quarter in the completed
1044
GENERAL ACTS AND RESOLUTIONS, VOL. I
preceding calendar year, pay remuneration in cash of $20,000.00
or more to individuals employed in agricultural labor or did not for
some portion of a day in each of 20 different calendar weeks,
whether or not such weeks were consecutive, in the completed
preceding calendar year have in employment ten or more individ-
uals, regardless of whether or not they were employed at the same
time, then agricultural coverage shall be terminated as of January
1 of such completed preceding calendar year. Contributions paid
with respect to agricultural employment for such completed pre-
ceding calendar year may be refunded. Such refunds shall not
operate to reduce the wage credits of any individual.
Notwithstanding the provisions in paragraphs (1), (2), and (3) of
this subsection, the liability of an employer may be terminated by the
Commissioner when it appears that such employer had no employ-
ment during a calendar year or when it appears that, after selling all
of his business, the employer did not employ at least one individual
for some portion of a day in each of 20 different calendar weeks,
whether or not such weeks were consecutive, in the next succeeding
calendar year and did not pay for services in employment wages of
$1,500.00 or more in a calendar quarter within such next succeeding
calendar year or, in the case of a nonprofit organization, did not
employ four or more individuals for some portion of a day in each of
20 different calendar weeks, whether or not such weeks were consecu-
tive, within the next succeeding calendar year.
Section 22. Said chapter is further amended by adding between
Code Sections 34-8-7 and 34-8-8 a new Code section, to be designated
Code Section 34-8-7.1, to read as follows:
34-8-7.1. (a) Effective with new applications for unemploy-
ment compensation on and after October 1,1982, each claimant shall
disclose to the Employment Security Agency whether or not such
claimant owes child support obligations.
(b) The Employment Security Agency shall notify the state or
local child support enforcement agency that such individual owes
child support obligations and is eligible for unemployment compensa-
tion.
(c) The Employment Security Agency shall cause to be deducted
and withheld from any unemployment compensation otherwise pay-
able to such claimant:
GEORGIA LAWS 1982 SESSION
1045
(1) The amount specified by the claimant to be deducted
and withheld;
(2) The amount determined pursuant to an agreement sub-
mitted to the Employment Security Agency by the state or local
child support enforcement agency; or
(3) Any amount otherwise required to be so deducted and
withheld from such unemployment compensation which has been
determined through legal process.
(d) Any amount so deducted and withheld pursuant to para-
graphs (1), (2), or (3) of subsection (c) shall be paid to the appropriate
state or local child support enforcement agency.
(e) Any amount deducted and withheld pursuant to this Code
section shall for all purposes be treated as if it were paid to the
claimant as unemployment compensation and then paid by such
claimant to the state or local child support enforcement agency in
satisfaction of the claimants child support obligations.
Section 23. Said chapter is further amended by striking in its
entirety Code Section 34-8-18, which reads as follows:
34-8-18. (a) If those parts of P.L. 91-373 and P.L. 94-566
which mandate public employee coverage are ultimately and finally
adjudicated unconstitutional by the United States Supreme Court or
any inferior federal court from which an appeal is not made and its
determination becomes final, then it is the intention of the General
Assembly that the parts of this chapter which require the coverage of
public employees in this state are repealed upon the effective date of
such court decision.
(b) If at any time by any federal court there is a stay pendente
lite issued regarding public coverage of employees in this state
mandated by P.L. 91-373 and P.L. 94-566, then the coverage of such
employees under this chapter pursuant to such court order is auto-
matically suspended for such period of time that the stay pendente
lite is in effect, or until final adjudication.,
and inserting in lieu thereof a new Code Section 34-8-18 to read as
follows:
1046
GENERAL ACTS AND RESOLUTIONS, VOL. I
34-8-18. In the event any section, subsection, paragraph, sub-
paragraph, sentence, clause, or phrase of this chapter shall be ruled
out of conformity with federal law by the United States Secretary of
Labor, such section or subsection shall be null and void and of no
force and effect. The General Assembly declares that it would have
passed the remaining parts of this chapter if it had known that such
part or parts hereof would be declared out of conformity with federal
law by the United States Secretary of Labor.
Section 24. Said chapter is further amended by striking in its
entirety Code Section 34-8-33 and inserting in lieu thereof a new Code
Section 34-8-33 to read as follows:
34-8-33. As used in this chapter, the term benefit year, with
respect to any individual, means the one-year period beginning with
the day as of which he first files a valid claim, and thereafter the one-
year period beginning with the day as of which he next files a valid
claim after the end of his last preceding benefit year. Any claim for
benefits made in accordance with Code Section 34-8-170 shall be
deemed to be a valid claim for the purposes of this Code section if
the individual has been paid the wages for insured work required
under paragraph (5) of subsection (a) of Code Section 34-8-151. In the
case of a combined wage claim pursuant to Code Section 34-8-80, the
benefit year shall be that applicable under the unemployment com-
pensation law of the paying state.
Section 25. Said chapter is further amended by striking in its
entirety paragraph (5) of subsection (o) of Code Section 34-8-40 and
inserting in lieu thereof a new paragraph (5) to read as follows:
(5) Service performed by an individual in the employ of his son,
daughter, or spouse, and service performed by a child under the age of
21 in the employ of his father or mother;.
Section 26. Said chapter is further amended by striking in its
entirety paragraph (9) of subsection (o) of Code Section 34-8-40 and
inserting in lieu thereof a new paragraph (9) to read as follows:
(9) Services performed as a student nurse in the employ of a
hospital or a nurses training school by an individual who is enrolled
and is regularly attending classes in a nurses training school char-
tered or approved pursuant to state law; and service performed in the
employ of a hospital in a clinical training program for a period of one
GEORGIA LAWS 1982 SESSION
1047
year by an individual immediately following the completion of a four-
year course in a medical school chartered or approved pursuant to
state law;.
Section 27. Said chapter is further amended by striking Code
Section 34-8-151 in its entirety and inserting in lieu thereof a new
Code Section 34-8-151 to read as follows:
34-8-151. (a) An unemployed individual shall be eligible to
receive benefits with respect to any week only if such unemployed
individual shows to the satisfaction of the Commissioner that:
(1) He has registered for work at and thereafter has contin-
ued to report to an employment office in accordance with such
regulations as the Commissioner may prescribe, except that the
Commissioner may, by regulation, waive or alter either or both the
requirements of this paragraph as to such types of cases or
situations with respect to which he finds that compliance with
such requirements would be oppressive or would be inconsistent
with the purposes of this chapter;
(2) He has, while unemployed or while employed less than
full time during a regular work week if his deductible earnings
(any amount over $8.00) do not equal or exceed his weekly benefit
amount, made a claim for benefits in accordance with Code
Section 34-8-170;
(3) He is able to work, and is available for work, and has
actively and in good faith sought employment, and is actively and
in good faith seeking employment, and is bona fide in the labor
market; provided, however, that no individual shall be considered
available for work or receive benefits for any period that:
(A) He is away from work on vacation or leave of
absence at his own request;
(B) He is away from work for a vacation period as
provided for in an employment contract; or
(C) He is away from work for a vacation period, in the
absence of an employment contract covering the subject, by
reason of an established employer custom, practice, or policy
as evidenced by custom or practice for the prior year or years;
1048
GENERAL ACTS AND RESOLUTIONS, VOL. I
provided, however, that in the absence of custom or practice
for the prior year or years, a vacation policy and practice may
be established by the employer by an announcement, at least
90 days prior to the beginning of the scheduled vacation
period, of a paid vacation plan applicable generally to his
employees who meet the eligibility requirements of the plan.
In no event, however, shall an employee be held unavailable for
work or ineligible for benefits under subparagraph (B) or (C) of this
paragraph for a period in excess of two weeks in any calendar year
when such employee is not paid for such period directly or indirectly
by the employer or from a fund contributed to by the employer, and
provided that the usual eligibility requirements shall apply to indi-
viduals or groups laid off due to lack of work or for a purported
vacation not meeting the conditions set forth in subparagraphs (B)
and (C) of this paragraph.
Notwithstanding any other provisions in this paragraph, no other-
wise eligible individual shall be denied benefits for any week because
he is in training with the approval of the Commissioner, nor shall such
individual be denied benefits with respect to any week in which he is
in training with the approval of the Commissioner by reason of the
application of the provisions of this paragraph relating to availability
for work or active search for work or the provisions of paragraph (3) of
Code Section 34-8-158 relating to failure to apply for or a refusal to
accept suitable work;
(4) He has been unemployed for a waiting period of one
week, unless such person is unemployed through no fault of his
own. No week shall be counted as a week of unemployment for the
purposes of this subsection:
(A) Unless it occurs within the benefit year which
includes the week with respect to which he claims payment of
benefits; or
(B) If benefits have been paid with respect thereto; or
(C) Unless the individual was eligible for benefits with
respect thereto, as provided in this Code section and Code
Section 34-8-158, except for the requirements of this para-
graph and of paragraph (6) of Code Section 34-8-158;
GEORGIA LAWS 1982 SESSION
1049
(5) He has been paid sufficient wages for insured work to
qualify for a weekly benefit amount as provided in Code Section
34-8-153;
(6) He has, since the effective date of his last established
previous benefit year, performed services in bona fide employ-
ment and earned insured wages for such services equal to at least
eight times the weekly benefit amount of the new benefit year
claim; and
(7) He has, since retiring of his own volition to receive a
pension, performed services in bona fide employment and earned
insured wages for such services equal to at least eight times the
weekly benefit amount.
(b) A claimant shall not be deemed ineligible or disqualified for
benefits because he is in training approved by the Secretary of Labor
pursuant to the Trade Act of 1974, as amended, even though he
voluntarily quit work which was not suitable to enter such training or
he is not able, available, or actively seeking work or he refused work
during any week of such training. For the purpose of this subsection,
the term suitable work means, with respect to a claimant, work of a
substantially equal or higher skill level than the claimants past
adversely affected work and wages for such work are not less than 80
percent of the claimants average weekly wage in the adversely
affected work; provided, however, no claimant shall be deemed
ineligible or disqualified for benefits by operation of paragraph (8) of
subsection (a) of Code Section 34-8-155 who is in approved training as
referred to in this subsection; provided, further, should the employer
respond timely and such voluntary separation on the part of the
claimant is without good cause in connection with his most recent
work, such employers experience rating account shall not receive
charges for any benefits paid as provided for in subsection (d) of Code
Section 34-8-11; provided, further, should the claimant refuse suit-
able work while in training and the employer files timely information
as provided by regulation, such employers experience rating account
shall not be charged; provided, further, pursuant to paragraph (3) of
Code Section 34-8-158, no employer under Code Section 34-8-123
who has elected to make payments in lieu of contributions is subject
to relief of charges under this subsection.
Section 28. Said chapter is further amended by striking in its
entirety paragraph (3) of subsection (a) of Code Section 34-8-155 and
inserting in lieu thereof a new paragraph (3) to read as follows:
1050
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Extended benefit period means a period which:
(A) Begins with the third week after a week for which there
is a state on indicator; and
(B) Ends with either of the following weeks, whichever
occurs later:
(i) The third week after the first week for which there
is a state off indicator; or
(ii) The thirteenth consecutive week of such period.
However, no extended benefit period may begin by reason of a
state on indicator before the fourteenth week following the end of a
prior extended benefit period which was in effect with respect to this
state.
There is a state on indicator for a week if, for the period
consisting of such week and the immediately preceding 12 weeks, the
rate of insured unemployment under the state law for the period (1)
equaled or exceeded 120 percent of the average of such rates for the
corresponding 13 week period ending in each of the preceding two
calendar years and (2) equaled or exceeded 5 percent. There is a state
off indicator for a week if, for the period consisting of such week and
the immediately preceding 12 weeks, either (1) or (2) above is not
satisfied.
Section 29. Said chapter is further amended by striking in its
entirety paragraph (5) of subsection (a) of Code Section 34-8-155 and
inserting in lieu thereof a new paragraph (5) to read as follows:
(5) Rate of insured unemployment, for purposes of paragraph
(3) of this subsection, means the percentage derived by dividing:
(A) The average weekly number of individuals filing claims
in this state, but not including individuals filing claims for
extended benefits nor including regular benefits claimed by fed-
eral civilian employees and ex-servicemen, for weeks of unemploy-
ment with respect to the most recent 13 consecutive-week period,
as determined by the Commissioner on the basis of his reports to
the United States secretary of labor, by
GEORGIA LAWS 1982 SESSION
1051
(B) The average monthly employment covered under this
chapter for the first four of the most recent six completed calendar
quarters ending before the end of such 13 week period.
Section 30. Said chapter is further amended by striking in its
entirety subsection (c) of Code Section 34-8-155 and inserting in lieu
thereof a new subsection (c) to read as follows:
(c) 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:
(1) He is an exhaustee, as defined in paragraph (2) of
subsection (a) of this Code section; and
(2) He has satisfied the requirements of this chapter 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; provided, however,
that, for weeks of unemployment beginning on or after June 1,
1981, the total extended benefits otherwise payable to an individ-
ual 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; provided, further, that, for weeks of unemployment
beginning on or after March 31, 1981, if an individual has been
disqualified, in his most recent benefit year or on his extended
benefit claim, only those who are required to return to work and to
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; provided, further, if the
benefit year of a claimant ends within an extended benefit period,
the number of weeks of extended benefits that such claimant
would be entitled to in that extended benefit period, but for this
subsection, shall be reduced, but not below zero, by the number of
weeks for which the claimant was entitled to trade readjustment
allowances during such benefit year. For purposes of this subsec-
tion, the terms benefit year and extended benefit period shall
have the same respective meanings.
Section 31. Said chapter is further amended by striking in its
entirety subsection (f) of Code Section 34-8-155 and inserting in lieu
thereof a new subsection (f) to read as follows:
1052
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) Whenever an extended benefit period is to become effective
in this state as a result of the state on indicator or whenever an
extended benefit period is to be terminated in this state as a result of
the state off indicator, the Commissioner shall make an appropriate
announcement.
Section 32. Said chapter is further amended by striking in its
entirety paragraph (7) of Code Section 34-8-158 and inserting in lieu
thereof a new paragraph (7) to read as follows:
(7) If while attending a training course as provided in Code
Section 34-8-151, he voluntarily ceases attending such course without
good cause. Such disqualification shall continue pursuant to the
provisions of paragraph (1) of this Code section. However, if any
individual is separated from training approved under paragraph (3)
of Code Section 34-8-151 due to his own failure to abide by rules of the
training facility, he shall be disqualified for benefits under the
provisions of paragraph (2) of Code Section 34-8-158.
Section 33. Said chapter is further amended by striking Code
Section 34-8-160 in its entirety and inserting in lieu thereof a new
Code Section 34-8-160 to read as follows:
34-8-160. Any person who makes a false statement or misrepre-
sentation as to a material fact, knowing the same to be false, or who
knowingly fails to disclose a material fact to obtain or increase
benefits under this chapter, either for himself or for any other person,
or who knowingly accepts benefits under this chapter to which he is
not entitled shall, upon an appropriate finding by the Commissioner,
cease to be eligible and shall forfeit all unpaid benefits for any weeks
of unemployment subsequent to the date of the determination issued
by the Commissioner covering said act or omission, including any
unpaid benefits to which he would otherwise be entitled during the
remainder of any incomplete calendar quarter in which said determi-
nation is made and the next four complete calendar quarters immedi-
ately following the date of said determination; provided, however,
such person shall be required to repay benefits received for any week
as specified in said determination; provided, further, that no determi-
nation may be made more than four years after such occurrence, act,
or omission. Any such determination by the Commissioner may be
appealed in the same manner as provided for the appeal from an
initial determination in Article 7 of this chapter. The provisions of
this Code section shall be in addition to, and not in lieu of, any
GEORGIA LAWS 1982 SESSION
1053
provision contained in any of the other Code sections in this chapter.
Section 34. Said chapter is further amended by striking Code
Section 34-8-171 in its entirety and inserting in lieu thereof a new
Code Section 34-8-171 to read as follows:
34-8-171. (a) An examiner designated by the Commissioner
shall take the claim. An initial determination thereon shall be made
promptly and shall include a determination with respect to whether
or not benefits are payable, the week with respect to which benefits
shall commence, the weekly benefit amount payable, and the maxi-
mum duration of benefits.
(b) Whenever a determination involves the application of para-
graph (4) of Code Section 34-8-158 or involves multiple claimants and
difficult issues of fact or law, the Commissioner may refer the case to
an appeals tribunal for hearing and decision in accordance with Code
Section 34-8-173.
(c) The claimant and any other parties to the determination or
redetermination shall be promptly notified of the initial determina-
tion or redetermination and the reasons therefor.
(d) A determination shall be deemed final unless a party entitled
to notice thereof applies for reconsideration of the determination or
appeals therefrom within ten days after the notice was mailed to his
last known address or otherwise delivered to him.
(e) A redetermination on an application for reconsideration
shall be deemed final unless a party entitled to notice thereof files an
appeal within ten days after the notice was mailed to his last known
address or otherwise delivered to him.
(f) Notwithstanding any provision in this Code section or Code
Sections 34-8-158,34-8-170,34-8-172 through 34-8-174, and 34-8-176,
benefits shall be paid promptly in accordance with a determination or
redetermination under this Code section or the decision of an appeals
tribunal, the Board of Review, or a reviewing court allowing benefits
upon the issuance of such determination, redetermination, or deci-
sion, without such payments being withheld pending outcome of
application for reconsideration, hearing of an appeal, review by the
Board of Review, or decision of a court, unless and until such
determination, redetermination, or decision has been modified or
1054
GENERAL ACTS AND RESOLUTIONS, VOL. I
reversed by a subsequent redetermination or decision, in which event
benefits shall be paid or denied for weeks of unemployment in
accordance with such modifying or reversing redetermination or
decision. However, neither the Board of Review nor any court shall
issue an injunction, supersedeas, stay, or other writ or process sus-
pending the payment of such benefits pending the disposition of such
appeal.
Part 3
Section 35. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) (1) Section 3 in Part 1 of this Act shall become effective for
weeks of unemployment beginning after September 25,1982.
(2) Part 2 of this Act shall become effective on November 1,
1982.
Section 36. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 13,1982.
INSURANCE PREMIUM FINANCE COMPANIES.
Code Section 33-22-16 Amended.
No. 1330 (House Bill No. 1237).
AN ACT
To amend Chapter 22 of Title 33 of the Official Code of Georgia
Annotated, relating to insurance premium finance companies, so as to
GEORGIA LAWS 1982 SESSION
1055
make the provisions of said chapter applicable to insurance agents,
agencies, or brokers under certain conditions; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 22 of Title 33 of the Official Code of Georgia
Annotated, relating to insurance premium finance companies, is
amended by striking Code Section 33-22-16 in its entirety and
inserting in lieu thereof a new Code Section 33-22-16 to read as
follows:
33-22-16. This chapter shall not apply with respect to:
(1) Any insurance company authorized to do business in
this state;
(2) Any bank, trust company, savings and loan association,
credit union, or other lending institution authorized to transact
business in this state that does not possess or acquire any right,
title, or interest with respect to the insurance policy for which the
premiums are financed other than in the proceeds of the insurance
policy in the event of loss;
(3) The inclusion of a charge for insurance in connection
with an installment sale in accordance with Article 1 of Chapter 1
of Title 10;
(4) The financing of insurance premiums in this state in
accordance with Article 1 of Chapter 4 of Title 7 relating to rates
of interest;
(5) Insurance premiums in connection with the kinds of
business defined in Code Sections 33-7-4 (life insurance) and 33-7-
2 (accident and sickness insurance); or
(6) Any insurance agent, agency, or broker as defined in
Code Section 33-23-40 who only finances premiums on policies
written by or through such agent, agency, or broker, unless such
1056
GENERAL ACTS AND RESOLUTIONS, VOL. I
agent, agency, or broker wishes to charge, contract for, receive, or
collect the service charges, delinquency charges, and other fees or
charges permitted under this chapter; in which event such agent,
agency, or broker shall be required to comply with all of the
provisions of this chapter except for the provisions of paragraph
(4) of subsection (b) of Code Section 33-22-4, relating to the
necessity of showing convenience or advantage to the community
in order to obtain a license.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA BOARD OF DENTISTRY ACT AMENDED.
Code Section 84-702 Amended.
Code Title 43, Chapter 11 Amended.
No. 1331 (House Bill No. 1251).
AN ACT
To amend Code Section 84-702, relating to the composition of the
Georgia Board of Dentistry, as amended, so as to continue the
Georgia Board of Dentistry and the laws relating thereto but to
provide for the later termination of that board and those laws; to
amend Chapter 11 of Title 43 of the Official Code of Georgia
Annotated, relating to dentists and dental hygienists, so as to provide
for the same change described above as well as to change certain
reporting requirements; to change certain citizenship requirements
for licensure; to delete provisions relating to conditional licenses; to
provide for license display; to change provisions regarding certain
accusations; to provide for effective dates and automatic repeal; to
repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
1057
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 84-702, relating to the composition of
the Georgia Board of Dentistry, as amended, is amended by adding at
the end thereof 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. L. 1977, p. 961), as now or
hereafter amended, the Georgia Board of Dentistry and the laws
relating thereto are hereby continued until July 1,1988, 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 termina-
tion period, the powers or authority of the board shall not be reduced
or otherwise limited. The laws relative to the board shall be contin-
ued 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.
Part 2
Section 2. Chapter 11 of Title 43 of the Official Code of Georgia
Annotated, relating to dentists and dental hygienists, is amended by
striking Code Section 43-11-6, which reads as follows:
43-11-6. (a) Each member of the board shall be reimbursed as
provided for in subsection (f) of Code Section 43-1-2.
(b) The board shall make an annual report of its proceedings to
the Georgia Dental Association, including all moneys received and
disbursed under this chapter.,
and inserting in its place a new Code Section 43-11-6 to read as
follows:
1058
GENERAL ACTS AND RESOLUTIONS, VOL. I
43-11-6. Each member of the board shall be reimbursed as
provided for in subsection (f) of Code Section 43-1-2.
Section 3. Said chapter is further amended by striking Code
Section 43-11-23, which reads as follows:
43-11-23. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the Georgia Board of Dentistry shall
be terminated on July 1, 1982, and this chapter and any other laws
relating to such board shall be repealed in their entirety effective on
the date specified in Code Section 43-2-8.,
and inserting in its place a new Code Section 43-11-23 to read as
follows:
43-11-23. Pursuant to Code Section 43-2-3 of the Official Code
of Georgia Annotated, relating to the continuation or reestablishment
of regulatory agencies, the Georgia Board of Dentistry and the laws
relating thereto are continued until July 1, 1988, 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 termina-
tion period, the powers or authority of the board shall not be reduced
or otherwise limited. The laws relative to the board shall be contin-
ued 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 4. Said chapter is further amended by striking subsec-
tion (b) of Code Section 43-11-40 and inserting in its place a new
subsection (b) to read as follows:
(b) All applications to the board for a license shall be made
through the joint-secretary, who shall then submit all such applica-
tions to the board for review and approval. These applications shall
be received by the joint-secretary not later than 45 days before the
date set for the next session of the board.
GEORGIA LAWS 1982 SESSION
1059
Section 5. Said chapter is further amended by striking Code
Section 43-11-41, which reads as follows:
43-11-41. All holders of Georgia licenses to practice dentistry
who do not currently maintain residence and domicile in this state
shall be authorized to receive a conditional license as follows:
(1) Any dentist who does not currently maintain residence
and domicile in this state shall be issued a conditional renewal
certificate upon application for and payment of a fee to be set by
the board by rule, in the manner and at the time as provided in
Code Section 43-11-46, requiring biennial registration of all den-
tists licensed to practice dentistry in this state; and such dentists
who do not currently maintain residence and domicile in this state
cannot practice in this state until the current renewal certificate is
obtained;
(2) No renewal certificate shall be issued to the holder of a
conditional renewal certificate if, for good cause, the board deter-
mines that the applicant has not maintained the degree of profes-
sional skill and knowledge required when he was first licensed in
this state, or has become physically or mentally incompetent, or
has been guilty of immoral conduct. The board may, in its
discretion, require such person to demonstrate to the board that
he has maintained such professional skills and knowledge and has
not been guilty of conduct which would warrant suspension or
revocation of a license under the laws of this state; and
(3) Any holder of a conditional license must apply to the
board in writing for consideration of issuance of a renewal certifi-
cate.
Section 6. Said chapter is further amended by adding immedi-
ately following Code Section 43-11-45 a new Code Section 43-11-45.1
to read as follows:
43-11-45.1. Every person licensed under this article shall dis-
play such license in a conspicuous place in such persons principal
place of business.
Section 7. Said chapter is further amended by striking subsec-
tion (a) of Code Section 43-11-48 and inserting in its place a new
subsection (a) to read as follows:
1060
GENERAL ACTS AND RESOLUTIONS, VOL. I
(a) Proceedings under this chapter shall be taken by the board
from matters within its knowledge or upon accusation based upon
information of another. Such accusation must be in writing and
signed by the person making the same. If the accusation is made by a
member of the board, he shall be disqualified from sitting in
judgment at the hearing of the accusation. Upon receiving any such
accusation, the board shall serve notice of the time and place of the
hearing and a copy of the charges upon the accused at least 30 days
before the date of hearing.
Part 3
Section 8. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
SHERIFFS RETIREMENT FUND OF GEORGIA
ACT AMENDED.
Code Section 47-16-24 Amended.
No. 1332 (House Bill No. 1267).
AN ACT
To amend an Act creating the Sheriffs Retirement Fund of
Georgia, approved April 16,1963 (Ga. L. 1963, p. 630), as amended by
GEORGIA LAWS 1982 SESSION
1061
an Act approved April 9,1968 (Ga. L. 1968, p. 1203), an Act approved
April 23,1969 (Ga. L. 1969, p. 586), an Act approved March 31,1972
(Ga. L. 1972, p. 705), an Act approved April 17,1973 (Ga. L. 1973, p.
892), an Act approved April 19, 1973 (Ga. L. 1973, p. 1414), an Act
approved March 28, 1974 (Ga. L. 1974, p. 1191), an Act approved
March 28,1974 (Ga. L. 1974, p. 1194), an Act approved April 18,1975
(Ga. L. 1975, p. 823), an Act approved April 18,1975 (Ga. L. 1975, p.
830), an Act approved February 27,1976 (Ga. L. 1976, p. 332), an Act
approved March 23,1977 (Ga. L. 1977, p. 645), an Act approved April
8,1977 (Ga. L. 1977, p. 1291), an Act approved March 14,1978 (Ga. L.
1978, p. 904), an Act approved April 3,1978 (Ga. L. 1978, p. 1668), an
Act approved April 3, 1978 (Ga. L. 1978, p. 1690), an Act approved
April 13,1979 (Ga. L. 1979, p. 994), an Act approved March 20,1980
(Ga. L. 1980, p. 461), an Act approved March 20,1980 (Ga. L. 1980, p.
768), an Act approved April 7, 1981 (Ga. L. 1981, p. 694), an Act
approved April 9,1981 (Ga. L. 1981, p. 918), an Act approved April 22,
1981 (Ga. L. 1981, p. 1853), and an Act approved April 22,1981 (Ga. L.
1981, p. 1889), so as to remove the limitation from the compensation
to be paid the secretary-treasurer of the Board of Commissioners of
the Sheriffs Retirement Fund of Georgia; to amend the Official Code
of Georgia Annotated accordingly; to provide effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act creating the Sheriffs Retirement Fund of
Georgia, approved April 16,1963 (Ga. L. 1963, p. 630), as amended by
an Act approved April 9,1968 (Ga. L. 1968, p. 1203), an Act approved
April 23,1969 (Ga. L. 1969, p. 586), an Act approved March 31,1972
(Ga. L. 1972, p. 705), an Act approved April 17,1973 (Ga. L. 1973, p.
892), an Act approved April 19, 1973 (Ga. L. 1973, p. 1414), an Act
approved March 28, 1974 (Ga. L. 1974, p. 1191), an Act approved
March 28,1974 (Ga. L. 1974, p. 1194), an Act approved April 18,1975
(Ga. L. 1975, p. 823), an Act approved April 18,1975 (Ga. L. 1975, p.
830), an Act approved February 27,1976 (Ga. L. 1976, p. 332), an Act
approved March 23,1977 (Ga. L. 1977, p. 645), an Act approved April
8,1977 (Ga. L. 1977, p. 1291), an Act approved March 14,1978 (Ga. L.
1062
GENERAL ACTS AND RESOLUTIONS, VOL. I
1978, p. 904), an Act approved April 3,1978 (Ga. L. 1978, p. 1668), an
Act approved April 3, 1978 (Ga. L. 1978, p. 1690), an Act approved
April 13,1979 (Ga. L. 1979, p. 994), an Act approved March 20,1980
(Ga. L. 1980, p. 461), an Act approved March 20,1980 (Ga. L. 1980, p.
768), an Act approved April 7, 1981 (Ga. L. 1981, p. 694), an Act
approved April 9,1981 (Ga. L. 1981, p. 918), an Act approved April 22,
1981 (Ga. L. 1981, p. 1853), and an Act approved April 22,1981 (Ga. L.
1981, p. 1889), is amended by striking from Section 7 the following:
not to exceed $7,500.00 per annum,
so that when so amended Section 7 shall read as follows:
Section 7. There is hereby created the office of Secretary-
Treasurer of the Board of Commissioners of the Sheriffs Retirement
Fund of Georgia, who shall be elected and appointed by said board,
and shall serve at the pleasure of said board. His compensation shall
be fixed by said board , and he shall have such power and authority,
and shall perform such duties and services as said board may direct.
Part 2
Section 2. Code Section 47-16-24 of the Official Code of Georgia
Annotated, relating to the office of secretary-treasurer of the Board of
Commissioners of the Sheriffs Retirement Fund of Georgia, is
amended by striking from subsection (a) the following:
in an amount not to exceed $7,500.00 per annum,
so that when so amended subsection (a) shall read as follows:
(a) There is created the office of secretary-treasurer of the
Board of Commissioners of the Sheriffs Retirement Fund of Georgia,
who shall be elected and appointed by the board and shall serve at its
pleasure. His compensation shall be fixed by the board . He shall
have such power and authority and shall perform such duties and
services as the board may direct.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on April 1,1982.
GEORGIA LAWS 1982 SESSION
1063
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA PUBLIC SERVICE COMMISSION
COST OF OPERATING.
Code Sections 93-210, 46-2-10 Amended.
No. 1333 (House Bill No. 1509).
AN ACT
To amend Georgia Code Section 93-210, relating to the assessment
of public service corporation fees in an amount sufficient to cover the
operating cost of the Georgia Public Service Commission, so as to
clarify the method used to determine the amount of such fees in
certain cases; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Georgia Code Section 93-210, relating to assessment
of public service corporation fees sufficient to cover operating costs of
the Georgia Public Service Commission, is amended by striking said
Code section in its entirety and substituting in lieu thereof a new
Code Section 93-210 to read as follows:
1064
GENERAL ACTS AND RESOLUTIONS, VOL. I
93-210. Assessment of public service corporation fees in
amount sufficient to cover operating cost of Georgia Public Service
Commission. There shall be paid by all public service corporations or
utilities, subject to the jurisdiction of the Public Service Commission,
a special fee in addition to those now required by law. Such fee shall
be fixed by the State Revenue Commissioner upon each of such public
service corporations or utilities according to the value of its property
as ascertained by the last preceding State tax assessment, and shall be
apportioned among such public service corporations or utilities, upon
the basis of such valuation, so as to produce a revenue of $560,000 per
annum which shall be paid on or before the 20th day of January in
each year. The State Revenue Commissioner shall notify each public
service corporation or utility of the state of the amount due by it
under the provisions of this law, not later than December 1, of each
year, and said fee shall be paid to the State on or before the 20th day
of January as above provided; such sum of $560,000 is hereby
available for appropriation in an amount sufficient to cover the cost of
operating the Public Service Commission. In the event a public
service corporation or utility appeals its last preceding State tax
assessment, the final outcome of such an appeal shall be the basis for
a revised apportionment of fees which will be applied toward future
public service corporation fee assessments. In case of default in
payment by any public service corporation, company or person, of the
fee provided for in this section, the State Revenue Commissioner
shall proceed to collect the same in the same manner as franchise
taxes are now collected.
Part 2
Section 2. Code Section 46-2-10 of the Official Code of Georgia
Annotated, relating to assessment of public service corporation fees,
is amended by replacing subsection (c) with a new subsection (c) to
read as follows:
(c) In the event a public service corporation or utility appeals
its last preceding state tax assessment, the final outcome of such an
appeal shall be the basis for a revised apportionment of fees which
will be applied toward future public service corporation fee assess-
ments. In case of default in payment by any public service corpora-
tion or utility of the fee provided for in this Code section, the state
revenue commissioner shall proceed to collect the same in the same
manner as franchise taxes are collected.
GEORGIA LAWS 1982 SESSION
1065
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
BOARD OF VETERINARY MEDICINE ACT AMENDED.
Code Chapter 84-15 Amended.
Code Title 43, Chapter 50 Amended.
No. 1334 (House Bill No. 1518).
AN ACT
To amend Code Chapter 84-15, relating to the regulation of the
practice of veterinary medicine, as amended, so as to change the time
of the termination of the Board of Veterinary Medicine and the repeal
of the laws relating thereto; to amend Chapter 50 of Title 43 of the
Official Code of Georgia Annotated, relating to veterinarians and
registered animal technicians, so as to change the time of the termina-
tion of the State Board of Veterinary Medicine and the repeal of the
laws relating thereto; to change the provisions relating to powers of
the board; to change the provisions relating to application for license
and admission or nonadmission to examination; to change the provi-
sions relating to grounds for revocation or suspension of licenses; to
1066
GENERAL ACTS AND RESOLUTIONS, VOL. I
change the provisions relating to the issuance of temporary licenses;
to change the provisions relating to veterinary faculty licenses; to
provide effective dates; to provide for automatic repeal of certain
provisions of this Act; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 84-15, relating to the regulation of the
practice of veterinary medicine, as amended, is amended by adding
between Code Sections 84-1504A and 84-1505 a new Code section, to
be designated Code Section 84-1504B, to read as follows:
84-1504B. Termination. Pursuant to Section 9 of The Act
Providing for the Review, Continuation, Reestablishment or Termi-
nation of Regulatory Agencies, approved March 24, 1977 (Ga. L.
1977, p. 961), as now or hereafter amended, the Board of Veterinary
Medicine and the laws relating thereto are continued until July 1,
1988, at which time the board shall be terminated. Upon its termina-
tion, the board shall continue in existence until July 1 of the next
succeeding year for the purpose of concluding its affairs and activ-
ities. 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 termina-
tion 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.
Part 2
Section 2. Chapter 50 of Title 43 of the Official Code of Georgia
Annotated, relating to veterinarians and registered animal techni-
cians, is amended by striking Code Section 43-50-4 in its entirety and
inserting in lieu thereof a new Code Section 43-50-4 to read as follows:
43-50-4. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the State Board of Veterinary Medi-
GEORGIA LAWS 1982 SESSION
1067
cine shall be terminated on July 1, 1988, and this chapter and any
other laws relating to such board shall be repealed in their entirety
effective on the date specified in Code Section 43-2-8.
Section 3. Said chapter is further amended by striking Code
Section 43-50-21 in its entirety and inserting in lieu thereof a new
Code Section 43-50-21 to read as follows:
43-50-21. (a) The board shall have the power to:
(1) Examine and determine the qualifications and fitness of
applicants for a license to practice veterinary medicine in this
state;
(2) Issue, renew, refuse to renew, deny, suspend, or revoke
licenses to practice veterinary medicine in this state or otherwise
discipline licensed veterinarians; and to issue, renew, deny, sus-
pend, or revoke veterinary faculty licenses, consistent with this
article and the rules and regulations adopted thereunder;
(3) Conduct investigations for the purpose of discovering
violations of this article or grounds for disciplining licensed veteri-
narians;
(4) Hold hearings on all matters properly brought before
the board; and, in connection thereto, to administer oaths, receive
evidence, make the necessary determinations, and enter orders
consistent with the findings. The board may designate one or more
of its members to serve as its hearing officer;
(5) Appoint from its own membership one member to act as
a representative of the board at any meeting within or outside the
state where such representative is deemed desirable;
(6) Bring proceedings in the courts for the enforcement of
this article or any regulations made pursuant thereto; and
(7) Adopt, amend, or repeal all rules necessary for its gov-
ernment and all regulations necessary to carry this article into
effect, including the establishment and publication of standards
of professional conduct for the practice of veterinary medicine.
1068
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The powers enumerated in subsection (a) of this Code sec-
tion are granted for the purpose of enabling the board to supervise
effectively the practice of veterinary medicine and are to be construed
liberally to accomplish this objective.
Section 4. Said chapter is further amended by striking in its
entirety Code Section 43-50-23, which reads as follows:
43-50-23. (a) Any person desiring a license to practice veteri-
nary medicine in this state shall make written application to the
board. The application shall show that the applicant is 21 years of age
or more, a citizen of the United States or an applicant for citizenship,
a graduate of a veterinary school, and a person of good moral
character. The application shall also contain such other information
and proof as the board may require by rule. The application shall be
accompanied by a fee in the amount established and published by the
board.
(b) If the board determines that the applicant possesses the
proper qualifications, it shall admit the applicant to the next exami-
nation. If an applicant is found not qualified to take the examination,
the board shall immediately notify the applicant in writing of such
finding and the grounds therefor. An applicant found unqualified
may require a hearing on the question of his qualification, under the
procedure set forth in Code Section 43-50-31.,
and inserting in lieu thereof a new Code Section 43-50-23 to read as
follows:
43-50-23. (a) Any person desiring a license to practice veteri-
nary medicine in this state shall make written application to the
board. The application shall include evidence, satisfactory to the
board, that:
(1) The applicant has attained the age of 18;
(2) The applicant is of good moral character;
(3) The applicant is a graduate of a veterinary school;
provided, however, that a senior veterinary student may, in the
discretion of the board, be allowed to sit for the examination
during his senior year if he meets the other qualifications but shall
not be issued a license unless and until he graduates; and
GEORGIA LAWS 1982 SESSION
1069
(4) The applicant meets such other qualifications or pro-
vides such other information as the board may require by rule.
(b) The application shall be accompanied by a fee in the amount
established by the board.
(c) If the board determines that an applicant possesses the
proper qualifications, it shall admit the applicant to the next exami-
nation.
(d) If the applicant is found not qualified to take the examina-
tion, the board shall notify the applicant in writing of such finding
and return his application fee. An applicant found not qualified may
request a hearing on the question of his qualification under the
procedure set forth in Code Section 43-50-31.
Section 5. Said chapter is further amended by striking Code
Section 43-50-27 in its entirety and inserting in lieu thereof a new
Code Section 43-50-27 to read as follows:
43-50-27. The board may, after a fair hearing and by a concur-
rence of four members, revoke or suspend for a certain time the
license of, or otherwise discipline, any licensed veterinarian or tempo-
rarily licensed veterinarian for any of the following reasons:
(1) The employment of fraud, misrepresentation, or decep-
tion in obtaining a license;
(2) An adjudication of insanity;
(3) Chronic inebriation or habitual use of drugs;
(4) The use of advertising or solicitation which is false,
misleading, or is otherwise deemed unprofessional under regula-
tions adopted by the board;
(5) (A) Conviction of a felony or crime involving moral
turpitude in the courts of this state, the United States, or of
any state, territory, or country. Conviction of a felony as
used in this Code section means conviction of an offense
which, if committed in this state, would be deemed a felony,
regardless of its designation in the jurisdiction in which
committed. For purposes of this Code section, conviction
1070
GENERAL ACTS AND RESOLUTIONS, VOL. I
means a finding or verdict of guilt, a plea of guilty, or a plea of
nolo contendere in a criminal proceeding, regardless of
whether the adjudication of guilt or sentence is withheld or
not entered thereon pursuant to Article 3 of Chapter 8 of Title
42;
(B) The board may suspend or restrict a license, upon
indictment of the licensee for an offense the conviction of
which would be ground for discipline under subparagraph
(5) (A) of this Code section, during the pendency of the
criminal proceedings on the indictment if, but only if, the
indictment charges a crime arising out of, or by virtue of, the
licensees practice or his rights as a licensee under this article
and the board finds that to permit the licensee to practice
pending the conclusion of such proceedings is inimical to the
public health, safety, and welfare. Any statement or testi-
mony offered to the board by the licensee in such a proceeding
shall be taken in camera and shall not be revealed to any
person or used in any other proceeding; and evidence as to its
contents shall not be compellable from any person or any
document, by subpoena or otherwise;
(6) Incompetence, gross negligence, or other malpractice in
the practice of veterinary medicine;
(7) Having professional association with or employing any
person practicing veterinary medicine unlawfully;
(8) Fraud or dishonesty in the application or reporting of
any test for disease in animals;
(9) Failure to keep veterinary premises and equipment in a
clean and sanitary condition;
(10) Failure to report, as required by law, or making false
report of, any contagious or infectious disease;
(11) Dishonesty or gross negligence in the inspection of
foodstuffs or the issuance of health or inspection certificates;
(12) Cruelty to animals;
GEORGIA LAWS 1982 SESSION
1071
(13) Revocation of a license to practice veterinary medicine
by another state, territory, or district of the United States on
grounds other than nonpayment of registration fee; or
(14) Unprofessional conduct as defined by the board.
Section 6. Said chapter is further amended by striking in its
entirety Code Section 43-50-29, which reads as follows:
43-50-29. The joint-secretary, subject to the approval of the
president of the board, may issue a temporary license to an applicant
qualified to take the veterinary license examination. Such temporary
license shall have the same force and effect as a permanent license
until the next regular meeting of the board, at which time said license
shall become void. Such license shall not be recorded and shall be
renewable for only one six-month period.,
and inserting in lieu thereof a new Code Section 43-50-29 to read as
follows:
43-50-29. (a) The board may issue a temporary license to the
following applicants who are qualified to take the veterinary license
examination:
(1) An applicant licensed in another state. Such license
shall have the same force and effect as a permanent license until
the time of its expiration; and
(2) An applicant who is not the holder of any veterinary
license. Such license shall authorize the applicant to work under
the supervision of a licensed veterinarian as provided by the
board.
(b) The temporary license shall expire on the date that perma-
nent licenses are issued to persons who have passed the examination
provided for in Code Section 43-50-24, which examination occurred
immediately following the issuance of the temporary license.
(c) A temporary license issued pursuant to this Code section
may, in the discretion of the board, be renewed for one six-month
period only; provided, however, that no temporary license shall be
renewed or reissued to a person who fails to pass the examination
established by the board.
1072
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 7. Said chapter is further amended by striking Code
Section 43-50-30 in its entirety and inserting in lieu thereof a new
Code Section 43-50-30 to read as follows:
43-50-30. The board shall issue a veterinary faculty license to
any qualified applicant associated with one of this states institutions
of higher learning and involved in the instructional program of either
undergraduate or graduate veterinary medical students, subject to
the following conditions:
(1) That the holder of the veterinary faculty license shall be
remunerated for the practice aspects of his services from state,
national, or institutional funds and not from the patient-owner
beneficiary of his practice efforts;
(2) That the applicant will furnish the board with proof that
he is a graduate of an accredited school or college of veterinary
medicine approved by the American Veterinary Medical Associa-
tion or the board and is duly licensed in another state; and
(3) That the license may be canceled for any of the reasons
enumerated in Code Section 43-50-27 or if the holder of the
veterinary faculty license permanently moves out of this state or
leaves the employment of the institution of higher learning.
Part 3
Section 8. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1073
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
BUYING SERVICES ACT OF 1975 AMENDED
ENFORCEMENT.
Code Section 10-1-591 Amended.
No. 1335 (House Bill No. 1519).
AN ACT
To amend an Act known as the Buying Services Act of 1975,
approved April 17,1975 (Ga. L. 1975, p. 529), as amended by an Act
approved April 12, 1979 (Ga. L. 1979, p. 643), so as to change the
enforcing official of said Act; to change all references in the Act from
the Commissioner of Agriculture to the Administrator of the Fair
Business Practices Act; to amend the Official Code of Georgia Anno-
tated accordingly; to provide effective dates; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act known as the Buying Services Act of 1975,
approved April 17,1975 (Ga. L. 1975, p. 529), as amended by an Act
approved April 12,1979 (Ga. L. 1979, p. 643), is amended by striking
subsection (e) from Section 2 in its entirety and inserting in lieu
thereof a new subsection (e) to read as follows:
(e) Administrator means the Administrator of the Fair Busi-
ness Practices Act of the State of Georgia.
1074
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said Act is further amended by deleting wherever it
appears in said Act the words Commissioner or Commissioner of
Agriculture and inserting in lieu thereof the word Administrator.
Part 2
Section 3. Article 21 of Chapter 1 of Title 10 of the Official Code
of Georgia Annotated, relating to buying services, is amended by
striking paragraph (3) of Code Section 10-1-591 which reads as
follows:
(3) Commissioner means the Commissioner of Agriculture of
this state.,
by renumbering paragraphs (1) and (2) of said Code section as
paragraphs (2) and (3) respectively, and by adding a new paragraph
(1) to read as follows:
(1) Administrator means the administrator appointed pursu-
ant to subsection (a) of Code Section 10-1-395 or his delegate.
Section 4. Said article is further amended by striking in each
place it occurs the word Commissioner and inserting in each such
place the word administrator.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1075
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
MOTOR VEHICLES AMATEUR RADIO
OPERATOR LICENSE PLATES.
Code Section 40-2-73 Amended.
No. 1336 (House Bill No. 1527).
AN ACT
To amend an Act providing for the issuance of special license tags
to motor vehicle owners who operate amateur radio stations,
approved February 21,1951 (Ga. L. 1951, p. 653), as amended, so as to
provide for the amount of the additional fee required to obtain such
special license plate; to amend Code Section 40-2-73 of the Official
Code of Georgia Annotated, relating to special license plates for
amateur radio operators, so as to provide therein for the same changes
provided for above; to provide effective dates; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act providing for the issuance of special license
tags to motor vehicle owners who operate amateur radio stations,
approved February 21, 1951 (Ga. L. 1951, p. 653), as amended, is
amended by striking Section 1 of said Act in its entirety and inserting
in lieu thereof a new Section 1 to read as follows:
Section 1. Owners of motor vehicles who are residents of the
State of Georgia, and who hold an unrevoked and unexpired official
amateur radio station license issued by the Federal Communications
1076
GENERAL ACTS AND RESOLUTIONS, VOL. I
Commission, upon application, accompanied by proof of ownership of
such license, and upon full compliance with the State motor vehicle
laws in relation to registration and licensing of motor vehicles, and
upon the payment of an additional fee of $10.00, shall be issued a
license plate for private passenger pickup trucks, station wagons and
cars upon which shall he inscribed the official amateur radio call
letters of such applicant as assigned by the Federal Communications
Commission.
Part 2
Section 2. Code Section 40-2-73 of the Official Code of Georgia
Annotated, relating to special license plates for amateur radio opera-
tors, is amended by striking subsection (a) of said Code section in its
entirety and inserting in lieu thereof a new subsection (a) to read as
follows:
(a) Motor vehicle owners who are residents of the State of
Georgia and who hold an unrevoked and unexpired official amateur
radio station license issued by the Federal Communications Commis-
sion, upon application, accompanied by proof of ownership of such
license, upon full compliance with the state motor vehicle laws in
relation to registration and licensing of motor vehicles, and upon the
payment of an additional fee of $10.00, shall be issued a license plate
for a private passenger vehicle upon which shall be inscribed the
official amateur radio call letters of such applicant as assigned by the
Federal Communications Commission.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1077
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
EVIDENCE RELEASE OF PATIENT
INFORMATION TO DEPARTMENT OF
HUMAN RESOURCES.
Code Sections 38-418, 88-1202, 24-9-40,
31-12-2 Amended.
No. 1337 (House Bill No. 1541).
AN ACT
To amend Code Section 38-418, relating to confidential communi-
cations, so as to authorize physicians to release certain patient
information to the Department of Human Resources and its divi-
sions, agents, and successors under certain conditions and to provide
immunity from liability therefor; to clarify certain other provisions
relating to such release of information; to amend Code Chapter 88-12,
relating to control of preventable diseases, as amended, so as to
authorize the Department of Human Resources to require reporting
of certain diseases and injuries and to provide for the confidentiality
of reported information and immunity from liability for the reporting
of that information; to amend the Official Code of Georgia Annotated
accordingly; to provide for effective dates and automatic repeal; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 38-418, relating to confidential com-
munications between physicians and patients, as amended, is
amended by striking subsection (b), which reads as follows:
1078
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) No physician licensed under Code Chapter 84-9 shall be
required to release any medical information concerning a patient, or
in the case of a minor, by his or her parents or duly appointed
guardian ad litem, except on written authorization or other waiver by
the patient or on appropriate court order or subpoena; provided,
however, that any physician releasing information under written
authorization or other waiver by the patient or under court order or
subpoena shall not be liable to the patient or any other person;
provided, further, that the privilege shall be waived to the extent that
the patient places his care and treatment or the nature and extent of
his injuries at issue in any civil or criminal proceeding; and provided,
further, that this subsection shall not apply to psychiatrists.,
and inserting in its place a new subsection (b) to read as follows:
(b) No physician licensed under Code Chapter 84-9 shall be
required to release any medical information concerning a patient
except to the Department of Human Resources, its divisions, agents,
or successors when required in the administration of public health
and social welfare programs and where authorized or required by law,
statute, or lawful regulation; or on written authorization or other
waiver by the patient, or, in the case of a minor, by his or her parents
or duly appointed guardian ad litem; or on appropriate court order or
subpoena; provided, however, that any physician releasing informa-
tion under valid written authorization or other waiver, or pursuant to
law, statute, or lawful regulation, or under court order or subpoena
shall not be liable to the patient or any other person; provided,
further, that the privilege shall be waived to the extent that the
patient places his care and treatment or the nature and extent of his
injuries at issue in any civil or criminal proceedings; and provided,
further, that this subsection shall not apply to psychiatrists.
Section 2. Code Chapter 88-12, relating to control of preventable
diseases, as amended, is amended by striking Code Section 88-1202
and inserting in its place a new Code Section 88-1202 to read as
follows:
88-1202. Notification of disease, (a) The Department of Human
Resources is empowered to declare certain diseases and injuries to be
notifiable diseases and require the reporting of same to the county
board of health and the Department of Human Resources in a
manner and at such times as may be prescribed, supplying essential
data as deemed necessary and appropriate for the prevention of
GEORGIA LAWS 1982 SESSION
1079
diseases and accidents. AH such reports and data shall be deemed
confidential and shaU not be open to inspection by the public;
provided, however, the Department of Human Resources may release
such reports and data in statistical form or for valid research pur-
poses.
(b) Any person, including but not limited to licensed practitio-
ners of the healing arts, submitting in good-faith reports or data to
the Department of Human Resources or county hoards of health in
compliance with the provisions of this section, shall not be liable for
any civil damages.
Part 2
Section 3. Chapter 9 of Title 24 of the Official Code of Georgia
Annotated, relating to witnesses generaUy, is amended by striking
Code Section 24-9-40, relating to release of medical information, and
inserting in its place a new Code Section 24-9-40 to read as foUows:
24-9-40. No physician licensed under Chapter 34 of Title 43
shall be required to release any medical information concerning a
patient except to the Department of Human Resources, its divisions,
agents, or successors when required in the administration of public
health programs pursuant to Code Section 31-12-2 and where autho-
rized or required by law, statute, or lawful regulation; or on written
authorization or other waiver by the patient, or by his or her parents
or duly appointed guardian ad litem in the case of a minor, or on
appropriate court order or subpoena; provided, however, that any
physician releasing information under written authorization or other
waiver by the patient, or by his or her parents or guardian ad litem in
the case of a minor, or pursuant to law, statute, or lawful regulation,
or under court order or subpoena shall not be liable to the patient or
any other person; provided, further, that the privilege shaU be waived
to the extent that the patient places his care and treatment or the
nature and extent of his injuries at issue in any civil or criminal
proceeding. This Code section shall not apply to psychiatrists.
Section 4. Chapter 12 of Title 31 of the Official Code of Georgia
Annotated, relating to control of hazardous conditions, preventable
diseases, and metabolic disorders, is amended by striking Code
Section 31-12-2, relating to reporting of disease, and inserting in its
place a new Code Section 31-12-2 to read as follows:
1080
GENERAL ACTS AND RESOLUTIONS, VOL. I
31-12-2. (a) The department is empowered to declare certain
diseases and injuries to be diseases requiring notice and to require the
reporting thereof to the county board of health and the department in
a manner and at such times as may be prescribed. The department
shall require that such data be supplied as are deemed necessary and
appropriate for the prevention of certain diseases and accidents as are
determined by the department. All such reports and data shall be
deemed confidential and shall not be open to inspection by the public;
provided, however, the department may release such reports and data
in statistical form or for valid research purposes.
(b) Any person, including but not limited to practitioners of the
healing arts, submitting in good-faith reports or data to the depart-
ment or county boards of health in compliance with the provisions of
this Code section shall not be liable for any civil damages therefor.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA LAWS 1982 SESSION
1081
LICENSING, ETC. OF CLINICAL LABORATORIES.
Code Title 31, Chapter 22 Amended.
No. 1338 (House Bill No. 1549).
AN ACT
To amend an Act relating to the control, licensing, and operation
of clinical laboratories, approved March 20,1970 (Ga. L. 1970, p. 531),
as amended, so as to require licensure of specimen collection stations;
to define specimen collection stations; to provide for licensure of
specimen collection stations as part of state licensed parent
laboratories; to provide for exemption from licensure of facilities
providing screening and monitoring tests; to remove the requirement
for an annual inspection of clinical laboratories; to change the
requirements relating to inspection reports of certain programs; to
provide for related matters; to amend the Official Code of Georgia
Annotated accordingly; to provide for effective dates and automatic
repeal; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act relating to the control, licensing, and opera-
tion of clinical laboratories, approved March 20,1970 (Ga. L. 1970, p.
531), as amended, is amended by striking subsection (d) of Section 2
and inserting in its place a new subsection (d) to read as follows:
(d) Clinical laboratory means a facility for the biological,
microbiological, serological, chemical, immunohematological, hema-
tological, biophysical, cytological, pathological, or other examination
of materials derived from the human body for the diagnosis of,
recommendation of treatment of, or for the purposes of providing
information for the diagnosis, prevention, or treatment of any disease
or impairment of, or the assessment of the health of, man; the term
clinical laboratory shall include specimen collection stations and
shall include blood banks which provide through its ownership or
operation a system for the collection, processing or storage of human
blood and its component parts as well as tissue banks which store
human or animal tissues designed to be used for medical purposes in
human beings.
1082
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said Act is further amended by adding at the end of
Section 2 a new subsection (i) to read as follows:
(i) Specimen collection station means a place having the
primary purpose of either collecting specimens directly from patients
or bringing specimens together after collection for the purpose of
forwarding them either intrastate or interstate to a clinical laboratory
for examination.
Section 3. Said Act is further amended by striking subsection (a)
of Section 4 and inserting in its place a new subsection (a) to read as
follows:
(a) No clinical laboratory shall be operated without a license
issued and in force pursuant to this Act; provided, however, that the
Department may promulgate rules and regulations by which a facility
or a part of a facility in which laboratory testing is done may qualify
for exemption from licensure when only specific tests or techniques,
designated by the department and used for screening and monitoring
purposes only, are performed.
Section 4. Said Act is further amended by adding at the end of
Section 4 a new subsection (j) to read as follows:
(j) For the purposes of licensure, specimen collection stations
which have a parent clinical laboratory licensed by the State of
Georgia may be considered by the Department to be part of that
laboratory.
Section 5. Said Act is further amended by striking subsection (a)
of Section 7 and inserting in its place a new subsection (a) to read as
follows:
(a) The Department shall make periodic inspections of every
clinical laboratory, at its discretion. In lieu of or to supplement its
own inspection program, the department may use results of inspec-
tions conducted by other accrediting agencies. For the purpose of this
subsection, the employees or agents of the Department shall have the
right of entry into the premises of the laboratory during normal hours
of operation.
GEORGIA LAWS 1982 SESSION
1083
Part 2
Section 6. Chapter 22 of Title 31 of the Official Code of Georgia
Annotated, relating to clinical laboratories, is amended by striking
paragraph (2) of Code Section 31-22-1 and inserting in its place a new
paragraph (2) to read as follows:
(2) Clinical laboratory means a facility for the biological,
microbiological, serological, chemical, immunohematological, hema-
tological, biophysical, cytological, pathological, or other examination
of materials derived from the human body for the diagnosis of,
recommendation of treatment of, or for the purposes of providing
information for the diagnosis, prevention, or treatment of any disease
or impairment of, or the assessment of the health of human beings;
the term clinical laboratory shall include specimen collection sta-
tions and shall include blood banks which provide through their
ownership or operation a system for the collection, processing, or
storage of human blood and its component parts as well as tissue
banks which store human or animal tissues designed to be used for
medical purposes in human beings.
Section 7. Said chapter is further amended by adding at the end
of Code Section 31-22-1 a new paragraph (8) to read as follows:
(8) Specimen collection station means a place having the
primary purpose of either collecting specimens directly from patients
or bringing specimens together after collection for the purpose of
forwarding them either intrastate or interstate to a clinical laboratory
for examination.
Section 8. Said chapter is further amended by striking subsec-
tion (a) of Code Section 31-22-2 and inserting in its place a new
subsection (a) to read as follows:
(a) No clinical laboratory shall be operated without a license
issued and in force pursuant to this chapter; provided, however, that
the department may promulgate rules and regulations by which a
facility or a part of a facility in which laboratory testing is done may
qualify for exemption from licensure when only specific tests or
techniques, designated by the department and used for screening and
monitoring purposes only, are performed.
1084
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 9. Said chapter is further amended by adding at the end
of Code Section 31-22-2 a new subsection (j) to read as follows:
(j) For the purposes of licensure, specimen collection stations
which have a parent clinical laboratory licensed by the State of
Georgia may be considered by the department to be part of that
laboratory.
Section 10. Said chapter is further amended by striking subsec-
tion (a) of Code Section 31-22-8 and inserting in its place a new
subsection (a) to read as follows:
(a) The department shall make periodic inspections of every
clinical laboratory, at its discretion. In lieu of or to supplement its
own inspection program, the department may use results of inspec-
tions conducted by other accrediting agencies. For the purpose of this
subsection, the employees or agents of the department shall have the
right of entry into the premises of the laboratory during normal hours
of operation.
Part 3
Section 11. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 12. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 13,1982.
GEORGIA LAWS 1982 SESSION
1085
MINORS DEPOSITS IN FINANCIAL
INSTITUTIONS.
Code Sections 41A-3520, 7-1-789 Amended.
No. 1339 (House Bill No. 1550).
AN ACT
To amend Code Section 41A-3520, relating to minors deposits in
I financial institutions, as amended, so as to provide that a minor may
have third-party payment accounts; to provide that the payment of
an order to third parties out of the minors account shall be a valid
and sufficient release and discharge of the savings and loan associa-
tion for any payment out of such funds from the minors account; to
provide for other matters relative to the foregoing; to amend the
Official Code of Georgia Annotated accordingly; to provide for effec-
tive dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 41A-3520, relating to minors deposits in
financial institutions, as amended, is amended by striking said Code
section 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
minor may have third-party payment accounts. A receipt or acquit-
tance 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. In the transactions involving payments to
third parties out of the minors account, the payment of an order of
the minor shall be a valid and sufficient release and discharge of the
savings and loan association for any payment of such funds from the
minors account. 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
1086
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, third-party
payment 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, third-party payment account, or safe deposit agreement
shall be binding on the minor with the same effect as though the
minor were an adult.
Part 2
Section 2. Code Section 7-1-789 of the Official Code of Georgia
Annotated, relating to minors deposits and safe-deposit boxes in
financial institutions, is amended by striking said Code section in its
entirety and inserting in lieu thereof a new Code Section 7-1-789 to
read as follows:
7-1-789. (a) 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 minor may have
third-party payment accounts. A 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. In the transactions involving payments to third parties out of
the minors account, the payment of an order of the minor shall be a
valid and sufficient release and discharge of the savings and loan
association for any payment of such funds from the minors account.
(b) Subsection (a) of this Code section shall continue to include,
without limitation:
(1) Deposits in such 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 Article 8 of this chapter;
(2) The rental to a minor by said associations of a safe-
deposit box or other receptacle for the safe deposit of property
from such minor (and the receipt of any such property), individ-
ually or jointly with one or more adults; and
GEORGIA LAWS 1982 SESSION
1087
(3) The dealing with a minor by said associations with
respect to such a deposit account, third-party payment account, or
safe-deposit agreement without the consent of a parent or guard-
ian and with the same effect as though the minor were an adult.
Any action of the minor with respect to such deposit account,
third-party payment account, or safe-deposit agreement shall be
binding on the minor with the same effect as though the minor were
an adult.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
HOUSING AUTHORITIES LAW AMENDED
MEMBERS IN CERTAIN COUNTIES
(110,000 - 130,000).
Code Section 8-3-50 Amended.
No. 1342 (House Bill No. 1586).
AN ACT
To amend an Act known as the Housing Authorities Law,
approved March 30,1937 (Ga. L. 1937, p. 210), as amended, so as to
1088
GENERAL ACTS AND RESOLUTIONS, VOL. I
provide for a resident of a housing project to be an additional member
of any housing authority created in a city having a population of not
less than 110,000 nor more than 130,000 according to the United
States decennial census of 1980 or any future such census; to amend
the Official Code of Georgia Annotated accordingly; to provide effec-
tive dates; to provide for automatic repeal of certain provisions of this
Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act known as the Housing Authorities Law,
approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, is
amended by adding at the end of Section 5 a new paragraph to read as
follows:
In addition to the five commissioners otherwise provided for in
this section, the authority in each city of this state having a popula-
tion of not less than 110,000 nor more than 130,000 according to the
United States decennial census of 1980 or any future such census shall
have an additional commissioner who shall be a resident of a housing
project within the city. Such additional commissioner shall be
appointed for a term of five years and until the appointment and
qualification of a successor. Successors shall also be appointed for
terms of five years. The first additional commissioner provided for
herein shall be appointed to take office on July 1,1982.
Part 2
Section 2. Code Section 8-3-50 of the Official Code of Georgia
Annotated, relating to the appointment and qualification of housing
authority members, is amended by adding immediately following
subsection (g) a new subsection, to be designated subsection (h), to
read as follows:
(h) In addition to the five commissioners otherwise provided
for in this Code section, the authority in each city of this state having
a population of not less than 110,000 nor more than 130,000 according
GEORGIA LAWS 1982 SESSION
1089
to the United States decennial census of 1980 or any future such
census shall have an additional commissioner who shall be a resident
of a housing project within the city. Such additional commissioner
shall be appointed for a term of five years and until the appointment
and qualification of a successor. Successors shall also be appointed
for terms of five years. The first additional commissioner provided
for herein shall be appointed to take office on July 1,1982.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
SPECIAL LAW ENFORCEMENT OFFICERS.
Code Section 35-9-15 Enacted.
No. 1349 (Senate Bill No. 709).
AN ACT
To provide for the appointment of law enforcement officers of the
United States or of any of the several states to assist law enforcement
agencies of this state; to provide for the powers, duties, privileges, and
immunities of such appointed law enforcement officers; to provide
1090
GENERAL ACTS AND RESOLUTIONS, VOL. I
procedures in connection with such appointments; to provide for oath
of office; to define a certain term; to provide that certain laws shall
not be applicable to such appointed law enforcement officers; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide effective dates; to provide for automatic repeal of certain provi-
sions of this Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. (a) On request of the sheriff or the chief or director of
a law enforcement agency of this state or of any political subdivision
thereof, and with the consent of the employee concerned, a law
enforcement officer of the United States or any of the several states
may be appointed as a law enforcement officer of this state for the
purpose of providing mutual assistance in the enforcement of the laws
of this state or of the United States. A law enforcement officer who is
appointed pursuant to this section shall be considered a law enforce-
ment officer of the appointing agency and shall have the same powers,
duties, privileges, and immunities as a law enforcement officer
employed by the appointing agency.
(b) Any such appointment shall be in writing, signed by the
sheriff or the chief or director of the appointing agency, and shall
specify the powers, duties, and responsibilities of the employee so
appointed. Such appointment shall be at the pleasure of the sheriff or
the chief or director of the appointing law enforcement agency. The
appointment shall terminate if the person appointed ceases to be
employed by an agency of the United States or of the several states. A
copy of the appointment shall be filed in the executive office of the
appointing agency.
(c) In lieu of any other oath prescribed by the laws of this state, a
law enforcement officer appointed pursuant to this section shall take
an oath to support and defend the Constitution of this state and to
execute well and faithfully the laws of this state during the term of
such appointment.
Section 2. As used in this Act, the term law enforcement
agency includes, but is not limited to, any sheriffs office, municipal
police department, county police department, prosecuting attorneys
office, or any agency of the state or a political subdivision of this state
whose employees are authorized to enforce the laws of this state.
GEORGIA LAWS 1982 SESSION
1091
Section 3. The following laws shall not apply to law enforcement
officers appointed pursuant to this section:
(1) Code Section 89-101, relating to persons ineligible to
hold civil office; and
(2) An Act known as the Georgia Peace Officer Standards
and Training Act, approved March 10,1970 (Ga. L. 1970, p. 208),
as amended.
Part 2
Section 4. Chapter 9 of Title 35 of the Official Code of Georgia
Annotated, relating to special policemen, is amended by adding
immediately following Code Section 35-9-14 a new Code section,
to be designated Code Section 35-9-15, to read as follows:
35-9-15. (a) On request of the sheriff or the chief or director
of a law enforcement agency of this state or of any political subdivi-
sion thereof, and with the consent of the employee concerned, a law
enforcement officer of the United States or any of the several states
may be appointed as a law enforcement officer of this state for the
purpose of providing mutual assistance in the enforcement of the laws
of this state or of the United States. A law enforcement officer who is
appointed pursuant to this Code section shall be considered a law
enforcement officer of the appointing agency and shall have the same
powers, duties, privileges, and immunities as a law enforcement
officer employed by the appointing agency.
(b) Any such appointment shall be in writing, signed by the
sheriff or the chief or director of the appointing agency, and shall
specify the powers, duties, and responsibilities of the employee so
appointed. Such appointment shall be at the pleasure of the sheriff or
tbe chief or director of the appointing law enforcement agency. The
appointment shall terminate if the person appointed ceases to be
employed by an agency of the United States or of the several states. A
copy of the appointment shall be filed in the executive office of the
appointing agency.
(c) In lieu of any other oath prescribed by the laws of this state, a
law enforcement officer appointed pursuant to this Code section shall
1092
GENERAL ACTS AND RESOLUTIONS, VOL. I
take an oath to support and defend the Constitution of this state and
to execute well and faithfully the laws of this state during the term of
such appointment.
(d) As used in this Code section, the term law enforcement
agency includes, but is not limited to, any sheriffs office, municipal
police department, county police department, prosecuting attorneys
office, or any agency of the state or a political subdivision of this state
whose employees are authorized to enforce the laws of this state.
(e) The following laws shall not apply to law enforcement offi-
cers appointed pursuant to this Code section:
(1) Code Section 45-2-1, relating to persons ineligible to
hold civil office; and
(2) Chapter 8 of Title 35, known as the Georgia Peace
Officer Standards and Training Act.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA LAWS 1982 SESSION
1093
GEORGIA DEPARTMENT OF LABOR
CORRECTIONAL SERVICES DIVISION.
Code Sections 34-2-14, 34-2-15 Enacted.
No. 1350 (Senate Bill No. 714).
AN ACT
To amend an Act creating the Georgia Department of Labor,
approved March 25,1937 (Ga. L. 1937, p. 230), as amended, so as to
create the Correctional Services Division; to provide for duties of the
division; to provide for other matters relative to the foregoing; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide effective dates; to provide for automatic repeal of certain provi-
sions of this Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act creating the Georgia Department of Labor,
approved March 25, 1937 (Ga. L. 1937, p. 230), as amended, is
amended by adding a new Section 20 to read as follows:
Section 20. There is created in the Georgia Department of Labor
the Correctional Services Division.
Section 2. Said Act is further amended by adding a new Section
21 to read as follows:
Section 21. The Correctional Services Division of the Georgia
Department of Labor shall have the authorization to enter into
agreements with district attorneys and solicitors of the several judi-
cial circuits of this state for the purpose of establishing pretrial
intervention programs in such judicial circuits. The Correctional
Services Division shall be authorized to administer all such programs
pursuant to said agreement.
Part 2
Section 3. Chapter 2 of Title 34 of the Official Code of Georgia
Annotated, relating to the Department of Labor, is amended by
1094
GENERAL ACTS AND RESOLUTIONS, VOL. I
adding immediately following Code Section 34-2-13 a new Code
section, to be designated Code Section 34-2-14 to read as follows:
34-2-14. There is created in the Georgia Department of Labor
the Correctional Services Division.
Section 4. Said chapter is further amended by adding immedi-
ately following Code Section 34-2-14 a new Code section, to be
designated Code Section 34-2-15, to read as follows:
34-2-15. The Correctional Services Division of the Georgia
Department of Labor shall have the authorization to enter into
agreements with district attorneys and solicitors of the several judi-
cial circuits of this state for the purpose of establishing pretrial
intervention programs in such judicial circuits. The Correctional
Services Division shall be authorized to administer all such programs
pursuant to said agreement.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA LAWS 1982 SESSION
1095
TEACHERS RETIREMENT SYSTEM ACT AMENDED.
Code Section 47-3-89 Amended.
No. 1351 (House Bill No. 1342).
AN ACT
To amend an Act establishing the Teachers Retirement System,
approved March 19,1943 (Ga. L. 1943, p. 640), as amended, so as to
provide that credit may be received under the Teachers Retirement
System for service rendered in schools operated by the Bureau of
Indian Affairs of the United States Department of Interior; to amend
the Official Code of Georgia Annotated accordingly; to provide effec-
tive dates; to provide for specific repeal; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act establishing the Teachers Retirement
System, approved March 19,1943 (Ga. L. 1943, p. 640), as amended, is
amended by striking the first paragraph of subsection (5-A) of
Section 4 in its entirety and substituting in lieu thereof a new
paragraph to read as follows:
Any teacher who is an active member of the Teachers Retire-
ment System shall be entitled to receive credit for teaching service in
other state school systems, State-supported independent school sys-
tems, schools operated by the Bureau of Indian Affairs of the United
States Department of Interior, or American dependents schools, up
to a maximum of ten years. After having established credit for five
years of membership service in the public schools or University
System of Georgia, a teacher may establish and receive credit for one
complete year of such service for each additional year of Georgia
membership service established with the system with a maximum of
ten years of such service credit allowed. A teacher desiring to
establish credit for such service must pay, prior to the date he retires
with the retirement system, employee contributions and employer
contributions which would have been paid to the retirement system
on salary comparable to his salary for such service, plus the applicable
rate of interest in accordance with regulations adopted by the Board
1096
GENERAL ACTS AND RESOLUTIONS, VOL. I
of Trustees. The rate of member contributions shall be 5%, the rate
of employer contributions 6.83%, and the rate of interest thereon
shall be the applicable accrued regular interest for all such service
rendered prior to January 1, 1945: Provided, that no member who
receives or who is entitled to receive a pension or annuity from any
other state, county, or municipality, or federal retirement program
excluding social security, shall receive prior service credit or member-
ship service credit as set forth above. The Board of Trustees shall
promulgate rules and regulations to carry out the provisions of this
Act.
Part 2
Section 2. Code Section 47-3-89 of the Official Code of Georgia
Annotated, relating to credit for service under the Teachers Retire-
ment System for service rendered in schools of other states and
certain other schools, is amended by striking subsection (a) in its
entirety and substituting in lieu thereof a new subsection (a) to read
as follows:
(a) Any member of the retirement system shall be entitled to
receive up to ten years of creditable service for teaching service in
school systems of other states in the United States, state-supported
independent school systems of the United States, schools operated by
the Bureau of Indian Affairs of the United States Department of
Interior, or American dependents schools, provided that he has first
established five years of membership service credit in the public
schools of Georgia or University System of Georgia; provided, further,
that such service credit shall be allowed on the basis of one year of
credit for such service for each additional year of membership service
in the public schools of Georgia or University System of Georgia. A
teacher desiring to establish credit for such service must pay
employee and employer contributions which would have been paid to
the retirement system on a salary comparable to his salary for such
service, plus the applicable rate of interest, in accordance with
regulations adopted by the board of trustees. Such contributions
must be paid prior to retirement under this retirement system. For
such service rendered prior to January 1,1945, the rate of employee
contributions shall be 5 percent and the rate of employer contribu-
tions shall be 6.83 percent. The rate of interest on such contributions
shall be the applicable regular interest. No member who receives or
who is entitled to receive a pension or annuity from any other state,
county, or municipality, or federal retirement program excluding
GEORGIA LAWS 1982 SESSION
1097
social security, shall receive creditable service for such service. The
board of trustees shall promulgate rules and regulations to carry out
this Code section.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
STATEWIDE PROBATION ACT AMENDED.
Code Section 42-8-35.1 Enacted.
No. 1352 (House Bill No. 1348).
AN ACT
To amend an Act known as the Statewide Probation Act,
approved February 8,1956 (Ga. L. 1956, p. 27), as amended, so as to
enact certain provisions relating to probated sentences; to provide for
certain conditions that may be placed on probated sentences; to
provide for notice to the Department of Offender Rehabilitation
when a person is sentenced under these certain conditions; to amend
the Official Code of Georgia Annotated accordingly; to provide effec-
tive dates; to provide for automatic repeal of certain provisions of this
Act; to repeal conflicting laws; and for other purposes.
1098
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act known as the Statewide Probation Act,
approved February 8, 1956 (Ga. L. 1956, p. 27), as amended, is
amended by adding between Sections 8 and 9 a new section, to be
designated Section 8A, to read as follows:
Section 8A. (a) In addition to any other terms or conditions of
probation provided for under this Act, the trial judge may provide
that probationers sentenced to a period of time of not less than one
year nor more than five years on probation as a condition of probation
must satisfactorily complete a program of incarceration in a special
alternative incarceration unit of the Department of Offender Reha-
bilitation for a period of 180 days from the time of initial incarcera-
tion in the unit. Probationers will be entitled to earned time while
incarcerated in the special alternative incarceration unit.
(b) Before a court can place this condition upon the sentence,
the chief probation officer of the circuit must certify to the sentencing
court that the probationer is qualified for such treatment in that the
individual is not physically or mentally handicapped in a way that
would prevent him from strenuous physical activity, that the individ-
ual has no obvious contagious diseases, that the individual is not less
than 17 years of age nor more than 25 years of age at the time of
sentencing, and that the Department of Offender Rehabilitation has
approved the placement of the individual in the special alternative
incarceration unit.
(c) In every case where an individual is sentenced under the
terms of this section, the clerk of the sentencing court shall, within
five working days, mail to the Department of Offender Rehabilitation
a certified copy of the sentence and indictment, a personal history
statement, and an affidavit of the custodian provided by the sheriff of
the county.
(d) The Department of Offender Rehabilitation will arrange
with the sheriffs office in the county of incarceration to have the
individual delivered to the designated facility within a specific date
not less than 15 days after receipt by the department of the docu-
ments provided by the clerk of the court under this section.
GEORGIA LAWS 1982 SESSION
1099
(e) At any time during the individuals incarceration in the unit,
but at least five days prior to his expected date of release, the
Department of Offender Rehabilitation will certify to the trial court
as to whether the individual has satisfactorily completed this condi-
tion of probation.
(f) Upon the receipt of a satisfactory report of performance in
the program from the Department of Offender Rehabilitation, the
trial court shall release the individual from confinement in the
special alternative incarceration unit. However, the receipt of an
unsatisfactory report will be grounds for revocation of the probated
sentence as would any other violation of a condition or term of
probation.
Part 2
Section 2. Chapter 8 of Title 42 of the Official Code of Georgia
Annotated, relating to probation, is amended by adding between
Code Sections 42-8-35 and 42-8-36 a new Code section, to be desig-
nated Code Section 42-8-35.1, to read as follows:
42-8-35.1. (a) In addition to any other terms or conditions of
probation provided for under this chapter, the trial judge may
provide that probationers sentenced to a period of time of not less
than one year nor more than five years on probation as a condition of
probation must satisfactorily complete a program of incarceration in
a special alternative incarceration unit of the Department of
Offender Rehabilitation for a period of 180 days from the time of
initial incarceration in the unit. Probationers will be entitled to
earned time while incarcerated in the special alternative incarcera-
tion unit.
(b) Before a court can place this condition upon the sentence,
the chief probation officer of the circuit must certify to the sentencing
court that the probationer is qualified for such treatment in that the
individual is not physically or mentally handicapped in a way that
would prevent him from strenuous physical activity, that the individ-
ual has no obvious contagious diseases, that the individual is not less
than 17 years of age nor more than 25 years of age at the time of
sentencing, and that the Department of Offender Rehabilitation has
approved the placement of the individual in the special alternative
incarceration unit.
1104
GENERAL ACTS AND RESOLUTIONS, VOL. I
resentatives for leave to sell or reinvest, trade name registrations,
applications for change of name, and all other proceedings of civil or
criminal or quasi-criminal nature, filed in the superior, state, probate,
and any other courts of record, except recorders or police courts. The
amount of such additional costs to be charged and collected, if any, in
each such case shall be fixed by the chief judge of the superior court of
the circuit in which such county is located. Such additional costs shall
not be charged and collected unless the chief judge first determines
that a need exists for a law library in the county. The clerk of each and
every such court in such counties in which such a law library is
established shall collect such fees and remit the same to the treasurer
of the board of trustees of the county law library of the county in
which the case was brought, on the first day of each month. When the
costs in criminal cases are not collected, the cost provided in this Code
section shall be paid from the fines and forfeitures fund of the court in
which the case is filed, before any other disbursement or distribution
of such fines or forfeitures is made.
In any county having a population of more than 550,000 according
to the United States decennial census of 1980 or any future such
census, the power and authority provided in this subsection for the
chief judge shall be exercised by the superior court judge who has the
most service as a superior court judge.
Section 3. This Act shall become effective November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEORGIA LAWS 1982 SESSION
1105
CHILD SUPPORT RECOVERY ACT AMENDED.
Code Section 19-11-9 Amended.
No. 1355 (House Bill No. 1406).
AN ACT
To amend the Child Support Recovery Act, approved March 28,
1973 (Ga. L. 1973, p. 192), as amended, so as to provide that
information obtained by the Department of Human Resources may
be utilized for locating a parent or child for the purpose of making or
enforcing a child custody determination or in cases of parental
kidnapping; to amend the Official Code of Georgia Annotated accord-
ingly; to provide effective dates; to provide for automatic repeal of
certain provisions of this Act; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. The Child Support Recovery Act, approved March
28,1973 (Ga. L. 1973, p. 192), as amended, is amended by striking in
its entirety subsection (d) of Section 8 and inserting in lieu thereof a
new subsection (d) to read as follows:
(d) The information which is obtained by the department shall
only be available to such governmental department, board, commis-
sion, bureau, agency, or political subdivision of any state for purposes
of locating an absent parent to enforce their obligation of support, of
enforcing a child custody determination, or of enforcing any state or
federal law with respect to the unlawful taking or restraint of a child.
Part 2
Section 2. Code Section 19-11-9 of the Official Code of Georgia
Annotated, relating to location of absent parents, is amended by
striking subsection (d) in its entirety and inserting in lieu thereof a
new subsection (d) to read as follows:
(d) The information which is obtained by the department shall
only be available to a governmental department, board, commission,
1106
GENERAL ACTS AND RESOLUTIONS, VOL. I
bureau, agency, or political subdivision of any state for purposes of
locating an absent parent to enforce his obligation of support, of
enforcing a child custody determination, or of enforcing any state or
federal law with respect to the unlawful taking or restraint of a child.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
NOTARIES PUBLIC.
Code Sections 45-17-5, 45-17-6 Amended.
No. 1356 (House Bill No. 1421).
AN ACT
To amend Article 1 of Chapter 17 of Title 45 of the Official Code of
Georgia Annotated, relating to general provisions applicable to nota-
ries public, so as to change provisions for renewal of commissions; to
provide proof of appointment for notaries public to purchase or
obtain the seal of office; to provide that certain practices or conduct
shall be unlawful; to provide for penalties; to change the provisions
relating to the seal of office; to provide that this Act shall not
GEORGIA LAWS 1982 SESSION
1107
invalidate notary public seals lawfully issued and possessed prior to
the effective date of this Act; to provide for other matters relative to
the foregoing; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 17 of Title 45 of the Official Code
of Georgia Annotated, relating to general provisions applicable to
notaries public, is amended by striking Code Sections 45-17-5 and 45-
17-6 in their entirety and substituting in lieu thereof new Code
Sections 45-17-5 and 45-17-6 to read as follows:
45-17-5. (a) Each notary public shall hold office for four years,
subject to revocation at any time by the clerk of the superior court, at
the end of which time, on petition, the commission may be renewed by
order of the clerk for a like term. Renewal of a notary public
commission may be done in person or by mail at the discretion of the
clerk of superior court. The clerk of the superior court shall issue to
each notary public a certificate of appointment and qualifications,
which certificate shall contain the name, address, age, and sex of the
appointee, the date the certificate was issued, and the term for which
the appointment runs. The clerk shall also keep a record of the names
and addresses of all notaries public which said officer appoints.
(b) At the time the clerk of the superior court issues a certificate
of appointment as provided in subsection (a) of this Code section, said
officer shall also issue to the appointee a duplicate original of such
certificate. The presentation of such duplicate original, either by mail
or in person, to the supplier of a notary public seal shall be necessary
to authorize such supplier to make up a notary public seal and deliver
it to the appointee.
(c) It shall be unlawful for any person, firm, or corporation to
supply a notary public seal to any person unless the person has
presented the duplicate original of the certificate commissioning the
person as a notary public. It shall be unlawful for any person to order
or obtain a notary public seal unless such person is commissioned as a
notary public. It shall be unlawful for any person to hold him or her
self out as a notary public or to exercise the powers of a notary public
unless such person has an unexpired commission as a notary public.
Any person, firm, or corporation violating the provisions of this
subsection is guilty of a misdemeanor.
1108
GENERAL ACTS AND RESOLUTIONS, VOL. I
45-17-6. For the authentication of notarial acts, each notary
public must have a seal of office which seal shall include the notarys
name, the words Notary Public, the name of the state, and the
county of the notarys residence; or it shall include the notarys name
and the words Notary Public, Georgia, State at Large. The emboss-
ment of documents by the notarys seal shall be authorized but not
necessary, and the use of a rubber or other type of stamp shall be
sufficient for imprinting the notarys seal. A scrawl shall not be a
sufficient notary seal. No seal is required for the notarys attestation
of deeds.
Section 2. This Act shall not invalidate any notary public seal
lawfully issued and possessed prior to the effective date of this Act.
Section 3. This Act shall become effective on November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
PUBLIC REVENUE AD VALOREM TAXATION.
Code Sections 48-5-18, 48-5-45 Amended.
No. 1357 (House Bill No. 1424).
AN ACT
To amend Chapter 5 of Title 48 of the Official Code of Georgia
Annotated, relating to ad valorem taxation of property, so as to
change the time by which returns and applications for homestead
exemptions shall be submitted; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
1109
Section 1. Chapter 5 of Title 48 of the Official Code of Georgia
Annotated, relating to ad valorem taxation of property, is amended
by striking subsection (a) of Code Section 48-5-18 in its entirety and
inserting in lieu thereof a new subsection (a) to read as follows:
(a) Except as otherwise provided in this Code section, each tax
commissioner and tax receiver shall open his books for the return of
taxes on January 1 and shall close his books on March 1 of each year.
Section 2. Said chapter is further amended by striking subsec-
tion (a) of Code Section 48-5-45 in its entirety and inserting in lieu
thereof a new subsection(a) to read as follows:
(a) An applicant seeking a homestead exemption as provided in
Code Section 48-5-44 shall file on or before March 1 and, in the case of
an exemption from taxes levied by a consolidated city-county govern-
ment, on or before March 1 of the year in which exemption from
taxation is sought a written application and schedule with the tax
receiver or tax commissioner charged with the duty of receiving
returns of property for taxation. The failure to file properly the
application and schedule shall constitute a waiver of the homestead
exemption on the part of the applicant failing to make the application
for such exemption for that year.
Section 3. This Act shall become effective on November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
1110
GENERAL ACTS AND RESOLUTIONS, VOL. I
ADEQUATE PROGRAM FOR EDUCATION IN
GEORGIA ACT AMENDED.
Code Section 20-2-282 Amended.
No. 1358 (House Bill No. 1433).
AN ACT
To amend the Adequate Program for Education in Georgia Act,
approved March 26,1974 (Ga. L. 1974, p. 1045), as amended, particu-
larly by an Act approved April 15,1981 (Ga. L. 1981, p. 1565), so as to
change the conditions under which teachers and other professional
personnel shall be entitled to lifetime certification; to amend Code
Section 20-2-282 of the Official Code of Georgia Annotated, relating
to certification of educational personnel, so as to provide therein for
the same change described above; to provide effective dates; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. The Adequate Program for Education in Georgia
Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended,
particularly by an Act approved April 15,1981 (Ga. L. 1981, p. 1565),
is amended by replacing subsection (d) of Section 55 with a new
subsection to read as follows:
(d) All teachers and other professional personnel who hold or
have held 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.
Part 2
Section 2. Code Section 20-2-282 of the Official Code of Georgia
Annotated, relating to certification of educational personnel, is
amended by striking subsection (d) and inserting in its place a new
subsection (d) to read as follows:
(d) All teachers and other professional personnel who hold or
have held life certificates shall be entitled to carry forward that
GEORGIA LAWS 1982 SESSION
1111
lifetime status if they become qualified by reason of additional
training for a next higher level of certification in the same field.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its otherwise becoming law without his approval.
(b) Part I of this Act shall be repealed effective November 1,
1982.
(c) Part II of this Act shall become effective November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
PUBLIC REVENUE TAXATION ON WINERIES.
Code Sections 5A-5511, 5A-5701, 3-6-21.1,
3-6-50 Amended.
No. 1359 (House Bill No. 1437).
AN ACT
To amend Code Title 5A, relating to alcoholic beverages, as
amended, so as to change the amount of wine which may be produced
by such wineries selling at retail on their premises; to change certain
provisions relative to the content of such wine; to change certain
license fees; to change certain provisions relative to the levy of excise
taxes on certain domestic wines; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to repeal
conflicting laws; and for other purposes.
1112
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Title 5A, relating to alcoholic beverages, as
amended, is amended by striking subsections (a) and (b) of Code
Section 5A-5511 and inserting in their respective places new subsec-
tions (a) and (b) to read as follows:
(a) The commissioner may authorize any licensee authorized to
manufacture wine in this state to sell such wine at retail on the
premises of the winery, but only if the licensee produces less than
378,000 liters of wine per year and the wine is made wholly in Georgia
from at least 40 percent of Georgia grown agricultural products.
(b) The annual license tax for each license issued pursuant to
this section shall be $50.00.
Section 2. Said title is further amended by striking in their
entirety paragraphs (1) and (3) of Code Section 5A-5701 and inserting
in their respective places new paragraphs (1) and (3) to read as
follows:
(1) On table wine produced within the state from at least 40
percent of fruits and berries grown within the state:
(A) Eleven cents per liter and a proportionate tax at like
rates on all fractional parts of a liter on that portion that is
produced from fruits and berries grown within the state; and
(B) Forty cents per liter and a proportionate tax on like
rates on all fractional parts of a liter on that portion that is
produced from fruits and berries grown without the state.
(3) On dessert wines produced within the state, from at least 40
percent of fruits and berries grown within the state:
(A) Twenty-seven cents per liter and a proportionate tax at
like rates on all fractional parts of a liter on that portion that is
produced from fruits and berries grown within the state; and
(B) Sixty-seven cents per liter and a proportionate tax on
like rates on all fractional parts of a liter on that portion that is
produced from fruits and berries grown without the state.
GEORGIA LAWS 1982 SESSION
1113
Part 2
Section 3. Chapter 6 of Title 3 of the Official Code of Georgia
Annotated, relating to the regulation of wine, is amended by striking
subsections (a) and (b) of Code Section 3-6-21.1 and inserting in their
respective places new subsections (a) and (b) to read as follows:
(a) The commissioner may authorize any licensee authorized to
manufacture wine in this state to sell such wine at retail on the
premises of the winery, but only if the licensee produces less than
378,000 liters of wine per year and the wine is made wholly in Georgia
from at least 40 percent of Georgia grown agricultural products.
(b) The annual license tax for each license issued pursuant to
this Code section shall be $50.00.
Section 4. Said Chapter 6 is further amended by striking in their
entirety paragraphs (1) and (3) of Code Section 3-6-50 and inserting
in their respective places new paragraphs (1) and (3) to read as
follows:
(1) On table wine produced within the state from at least 40
percent of fruits and berries grown within the state:
(A) Eleven cents per liter and a proportionate tax at like
rates on all fractional parts of a liter on that portion that is
produced from fruits and berries grown within the state; and
(B) Forty cents per liter and a proportionate tax on like
rates on all fractional parts of a liter on that portion that is
produced from fruits and berries grown without the state;
(3) On dessert wines produced within the state, from at least 40
percent of fruits and berries grown within the state:
(A) Twenty-seven cents per liter and a proportionate tax at
like rates on all fractional parts of a liter on that portion that is
produced from fruits and berries grown within the state; and
(B) Sixty-seven cents per liter and a proportionate tax on
like rates on all fractional parts of a liter on that portion that is
produced from fruits and berries grown without the state;.
1114
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
PUBLIC REVENUE FEES CHARGED ON TAX
EXECUTIONS.
Code Sections 91A-1361, 48-5-161 Amended.
No. 1360 (House Bill No. 1467).
AN ACT
To amend Code Section 91A-1361, relating to issuance of tax
executions, as amended, particularly by an Act approved April 22,
1981 (Ga. L. 1981, p. 1857), so as to change provisions concerning fees
charged on tax executions; to amend the Official Code of Georgia
Annotated accordingly; to provide effective dates; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
1115
Part 1
Section 1. Code Section 91A-1361, relating to issuance of tax
executions, as amended, particularly by an Act approved April 22,
1981 (Ga. L. 1981, p. 1857), is amended by replacing subsection (c)
with a new subsection (c) to 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, commissions,
and an execution fee in the amount of 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.
Part 2
Section 2. Code Section 48-5-161 of the Official Code of Georgia
Annotated, relating to issuance of tax executions, is amended by
replacing subsection (c) with a new subsection (c) to 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, commissions,
and an execution fee in the amount of 10 percent of the delinquent
tax. He shall also make a similar entry on the execution and on the
receipt to be delivered by the officer to the defendant. The officer
shall return the execution to the tax collector or tax commissioner
with the amount of tax collected. The tax collector or tax commis-
sioner shall at once copy the entry of the officer on his execution
docket and file the execution in his office.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
1116
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
FISCAL NOTES REQUIRED FOR CERTAIN BILLS
INTRODUCED IN GENERAL ASSEMBLY.
Code Sections 28-5-42, 28-5-43 Amended.
No. 1361 (House Bill No. 1502).
AN ACT
To amend Code Section 28-5-42 of the Official Code of Georgia
Annotated, relating to the introduction of retirement bills and bills
having a significant impact upon anticipated revenue or expenditure
levels and fiscal notes, so as to change the provisions relating to the
content of fiscal notes; to amend Code Section 28-5-43 of the Official
Code of Georgia Annotated, relating to actuarial investigations rela-
tive to fiscal notes, so as to provide for a determination of the costs of
actuarial investigations; 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. Code Section 28-5-42 of the Official Code of Georgia
Annotated, relating to the introduction of retirement bills and bills
having a significant impact upon anticipated revenue or expenditure
levels and fiscal notes, is amended by striking subsection (d) in its
entirety and inserting in lieu thereof a new subsection (d) to read as
follows:
GEORGIA LAWS 1982 SESSION
1117
(d) The fiscal note required by subsection (c) of this Code
section shall include a reliable estimate in dollars of the anticipated
change in revenue or expenditures under the provisions of the bill. It
shall also include a statement as to the immediate effect and, if
determinable or reasonably foreseeable, the long-range effect of the
measure. In the event the bill relates to a retirement or pension fund
or system, the fiscal note shall contain an opinion relative to the
actuarial effect of such bill. If, after careful investigation, it is
determined that no dollar estimate is possible, the fiscal note shall
contain a statement to that effect, setting forth the reasons why no
dollar estimate can be given. In this event, the fiscal note shall contain
an example based on a specific situation or reflecting the average
group of persons possibly affected by the bill so as to provide an
indication of the cost of such bill to the General Assembly. Assump-
tions used to develop these averages shall be noted in the fiscal note
and the criteria included herein shall constitute a fiscal note. No
comment or opinion regarding the merits of the measure for which the
statement is prepared shall be included in the fiscal note; however,
technical or mechanical defects may be noted. The chairman shall
make such request after such bill is referred to his committee; and the
request shall be complied with by the director of the Office of
Planning and Budget and the state auditor within five days after
receipt of such request. The state auditor and the director of the
Office of Planning and Budget shall jointly prepare their fiscal note;
and, if there is a difference of opinion between such officials, it shall
be noted in the fiscal note. In the event the director of the Office of
Planning and Budget and the state auditor concur that the fiscal note
on any such bill cannot be prepared within the five-day limitation,
they shall so inform the chairman in writing and shall be allowed to
submit said note not later than ten days after the request for it is
made.
Section 2. Code Section 28-5-43 of the Official Code of Georgia
Annotated, relating to actuarial investigations relative to fiscal notes,
is amended by striking subsection (a) in its entirety and inserting in
lieu thereof a new subsection (a) to read as follows:
(a) With regard to retirement bills, the fiscal notes required by
Code Section 28-5-42 shall include a statement expressing an opinion
advising whether or not there is sufficient information available to
the person submitting such fiscal note to submit an accurate and
complete fiscal note as required by Code Section 28-5-42 and whether
or not an actuarial investigation is required to develop such informa-
1118
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion. In the event an opinion is submitted advising that an actuarial
investigation will be required before a complete cost estimate can be
determined, a majority of a quorum of the committee to which the bill
is assigned may direct the state auditor to determine the cost to
complete, or to have completed, the necessary actuarial investigation.
After the state auditor has determined such cost and reported the
cost to the committee, a majority of a quorum of the committee may
direct the state auditor to contract for such actuarial investigation
within ten days after he has been given notification of such vote.
Section 3. This Act shall become effective on November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
MOTOR VEHICLES LICENSE PLATES FOR
OPERATORS OF CITIZENS BAND RADIOS.
Code Section 40-2-74 Amended.
No. 1362 (House Bill No. 1529).
AN ACT
To amend an Act providing for the issuance of special license tags
to motor vehicle owners who operate citizens band radio stations,
approved February 28,1968 (Ga. L. 1968, p. 43), as amended, so as to
provide for the amount of the additional fee required to obtain such
special license plate; to amend Code Section 40-2-74 of the Official
Code of Georgia Annotated, relating to special license plates for
citizens band radio operators, so as to provide therein for the same
changes provided for above; to provide for effective dates; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
1119
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act providing for the issuance of special license
tags to motor vehicle owners who operate citizens band radio sta-
tions, approved February 28,1968 (Ga. L. 1968, p. 43), as amended, is
amended by striking Section 1 of said Act in its entirety and inserting
in lieu thereof a new Section 1 to read as follows:
Section 1. Owners of motor vehicles who are residents of the
State of Georgia and who hold an unrevoked and unexpired official
citizens band radio station license issued by the Federal Communica-
tions Commission, upon application, accompanied by proof of owner-
ship of such license, and upon full compliance with the state motor
vehicle laws in relation to registration and licensing of motor vehicles,
and upon the payment of an additional fee of $10.00, shall be issued a
license plate for private passenger pickup trucks, station wagons and
cars upon which shall be inscribed the official citizens band radio call
letters of such applicant as assigned by the Federal Communications
Commission.
Part 2
Section 2. Code Section 40-2-74 of the Official Code of Georgia
Annotated, relating to special license plates for citizens band radio
operators, is amended by striking subsection (a) of said Code section
in its entirety and inserting in lieu thereof a new subsection (a) to read
as follows:
(a) Motor vehicle owners who are residents of the State of
Georgia and who hold an unrevoked and unexpired official citizens
band radio station license issued by the Federal Communications
Commission, upon application, accompanied by proof of ownership of
such license, and upon full compliance with the state motor vehicle
laws in relation to registration and licensing of motor vehicles, and
upon the payment of an additional fee of $10.00, shall be issued a
license plate for a private passenger vehicle upon which shall be
inscribed the official citizens band radio call letters of such applicant
as assigned by the Federal Communications Commission.
1120
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
CHILDREN AND YOUTH ACT AMENDED.
Code Section 49-5-19 Amended.
No. 1363 (House Bill No. 1534).
AN ACT
To amend the Children and Youth Act, approved March 14,
1963 (Ga. L. 1963, p. 81), as amended, so as to provide for analyses of
goals to reduce the number of certain children in foster care; to amend
the Official Code of Georgia Annotated accordingly; to provide for
effective dates and automatic repeal; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
1121
Part 1
Section 1. The Children and Youth Act, approved March 14,
1963 (Ga. L. 1963, p. 81), as amended, is amended by striking Section
20 and inserting in its place a new Section 20 to read as follows:
Section 20. Annual Report. The Director shall prepare and
publish an annual report on the operation of the Division and county
departments of family and children services and submit the same to
the Governor, the Board, and all interested persons, officials, agencies
and groups, public or private. The report shall contain, in addition to
information, statistics, and data as may be required by other provi-
sions of this Act, a comprehensive analysis of performance of child
welfare and youth services throughout the state; an analysis of goals
to reduce by 1 percent each year, beginning with the fiscal year that
starts October 1, 1983, the number of children who have been in
family or institutional foster care for a period of twenty-four months
or longer, as provided by Public Law 96-272; and such other informa-
tion and recommendations of the Director as may be suitable.
Part 2
Section 2. Chapter 5 of Title 49 of the Official Code of Georgia
Annotated is amended by striking Code Section 49-5-19 and inserting
in its place the following:
49-5-19. The commissioner shall prepare and publish an
annual report on the operations of the department and of county
departments of family and children services under this article and
submit it to the Governor, the board, and all interested persons,
officials, agencies, and groups, public or private. The report shall
contain, in addition to information, statistics, and data required by
other provisions of this article, a comprehensive analysis of perfor-
mance of child welfare and youth services throughout the state; an
analysis of goals to reduce by 1 percent each year, beginning with the
fiscal year that starts October 1, 1983, the number of children who
have been in family or institutional foster care for a period of 24
months or longer, as provided by Public Law 96-272; and such other
information and recommendations of the commissioner as may be
suitable.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
1122
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
GEO. L. SMITH II GEORGIA WORLD
CONGRESS CENTER.
Code Title 10, Chapter 9 Amended.
No. 1364 (House Bill No. 1546).
AN ACT
To amend Chapter 9 of Title 10 of the Official Code of Georgia
Annotated, relating to the Geo. L. Smith II Georgia World Congress
Center, so as to provide for the re-creation, powers, and duties of the
Geo. L. Smith II Georgia World Congress Center Authority; to
provide for the management of the Geo. L. Smith II Georgia World
Congress Center Authority by a board of governors; to provide for the
composition, powers, and duties of the board of governors of the Geo.
L. Smith II Georgia World Congress Center Authority; to provide for
the creation of offices of the Geo. L. Smith II Georgia World Congress
Center Authority; to provide that the Geo. L. Smith II Georgia World
Congress Center Authority shall be exempt from taxation; to provide
for venue in actions against the authority; to authorize the authority
to accept contributions; to provide for establishment of fees and
charges and the disposition of receipts of the authority; to authorize
contracts between the Geo. L. Smith II Georgia World Congress
Center Authority and the Department of Industry and Trade relating
to the operation and management of the Geo. L. Smith II Georgia
GEORGIA LAWS 1982 SESSION
1123
World Congress Center; to provide for the creation, composition,
powers, and duties of the Geo. L. Smith II Georgia World Congress
Center Authority Overview Committee; to provide for other matters
relative to the foregoing; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 9 of Title 10 of the Official Code of Georgia
Annotated, relating to the Geo. L. Smith II Georgia World Congress
Center, is amended by striking said chapter in its entirety and
inserting in lieu thereof a new Chapter 9 of the Official Code of
Georgia Annotated to read as follows:
CHAPTER 9
ARTICLE 1
10-9-1. This chapter may be known and cited as the Geo. L.
Smith II Georgia World Congress Center Act.
10-9-2. There is re-created the Geo. L. Smith II Georgia World
Congress Center Authority as a body corporate and politic, which
shall be an instrumentality of the State of Georgia and a public
corporation.
10-9-3. As used in this chapter, the term:
(1) Authority means the Geo. L. Smith II Georgia World
Congress Center Authority.
(2) Cost of the project means the cost of construction, 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, architec-
tural, and legal expenses and of plans and specifications and other
expenses necessary or incident to determining the feasibility or
practicability of the project; administrative expenses; and such
other expenses as may be necessary or incident to the financing
herein authorized, the construction of any project, the placing of
the same in operation, and the condemnation of property neces-
sary for such construction and operation. Any obligation or
expense incurred for any of the foregoing purposes shall be
1124
GENERAL ACTS AND RESOLUTIONS, VOL. I
regarded as a part of the cost of the project and may be paid or
reimbursed as such out of the proceeds of general obligation bonds
issued by the State of Georgia or such other bonds or obligations
as may be issued by any authority or agency of the State of
Georgia.
(3) Project means a comprehensive international trade and
convention center and meeting facility with exhibit space capable
of handling large trade groups; a Georgia Hall to be a world
showcase for displaying exhibits of Georgias counties, municipali-
ties, industries, and attractions and to promote the agricultural,
historic, recreational, and natural resources of the State of
Georgia; individual meeting rooms with simultaneous translation
facilities for several languages; and other related facilities for
cultural, political, musical, educational, and other events, includ-
ing, without limitation, refreshment stands and restaurants and
facilities for the purveying of foods, beverages, publications,
souvenirs, novelties, and goods and services of all kinds, whether
operated or purveyed directly or indirectly through concession-
aires, licensees, or lessees, or otherwise; and parking facilities and
parking areas in connection therewith. The project shall be
located in the City of Atlanta and will be known as the Geo. L.
Smith II Georgia World Congress Center. As used in this chapter,
the project described by the term Geo. L. Smith II Georgia World
Congress Center shall include the same project formerly known as
and may be referred to as the Georgia World Congress Center.
10-9-4. The authority shall have the following powers:
(1) To bring actions, complain, and implead in any judicial,
administrative, arbitration or other action or proceeding and, to
the extent permitted by law, to have actions brought against it, to
be impleaded, and to defend in such proceedings;
(2) To have a seal and alter the same at its pleasure;
(3) To make and alter bylaws, rules, and regulations, not
inconsistent with law, for the administration and regulation of its
business and affairs;
(4) To elect, appoint, or hire officers, employees, and other
agents of the authority, including experts and fiscal agents, define
their duties, and fix their compensation;
GEORGIA LAWS 1982 SESSION
1125
(5) To acquire, by purchase, gift, lease, or otherwise and to
own, hold, improve and use, and to sell, convey, exchange, trans-
fer, lease, and dispose of real and personal property of every kind
and character, or any interest therein, for its corporate purposes;
(6) To make all contracts and to execute all instruments
necessary or convenient to its purposes;
(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 the terms and conditions
as may be imposed thereon to the extent the terms and conditions
are not inconsistent with the limitation and laws of this state and
are otherwise within the power of the authority;
(8) To exercise the power of eminent domain and acquire 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;
(9) 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 laws of the State of Georgia;
(10) 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;
(11) To do all things necessary or convenient to carry out the
powers expressly given in this chapter; and
(12) Said authority shall comply with all applicable state
budgetary processes and procedures as relate to compensation of
employees of the authority.
10-9-5. The authority is authorized and directed to contract with
the Department of Industry and Trade to exercise on behalf of the
department such future responsibility in connection with the acquisi-
tion, construction, operation, management, and maintenance of the
project as is now or may be vested in the department; and the
Department of Industry and Trade is authorized by such contract to
delegate to the authority all of its responsibilities and powers with
1126
GENERAL ACTS AND RESOLUTIONS, VOL. I
respect to the project and to transfer to the authority any and all
contracts, plans, documents, or other papers of said department
relating to the project, together with any and all funds heretofore or
hereafter appropriated to it for the acquisition, construction, opera-
tion, management, or maintenance of the project or for all other
purposes related to the project, other than appropriations made
specifically for debt service purposes, as compensation to the author-
ity under such contract. Under contract with the Department of
Industry and Trade, as herein authorized, the authority on behalf of
the Department of Industry and Trade shall plan, construct, erect,
acquire, own, repair, remodel, maintain, add to, extend, improve,
equip, operate, and manage the project, as hereinabove defined, on
property owned by or leased by the State of Georgia in the City of
Atlanta, Georgia, the cost of any such project to be paid in full or in
part from the proceeds of general obligation bonds issued by the State
of Georgia as the General Assembly may authorize or from such
proceeds and other funds as may be available for such purposes,
including any grant from the United States of America or any agency
or instrumentality thereof. All actions of the authority and the
Department of Industry and Trade, or their predecessors, heretofore
taken in connection with such contractual relationship, are ratified
and confirmed and shall not be affected by any provision of this
chapter. Nothing herein shall affect the powers or duties of the
Georgia State Financing and Investment Commission or of the State
Properties Commission.
10-9-6. (a) The board of governors of the authority shall con-
sist of nine members. Each member shall serve for a term of four
years. All members of the board shall be appointed by the Governor
of the State of Georgia and shall serve until the appointment and
qualification of a successor. Said members shall be appointed from
the general public; and no person holding any other office of profit or
trust under the state shall be appointed to membership.
(b) All successors shall be appointed in the same manner as
original appointments. Vacancies in office shall be filled in the same
manner as original appointments. An appointment to fill a vacancy
shall be for the unexpired term. No vacancy on the board shall impair
the right of the quorum of the remaining members then in office to
exercise all rights and perform all duties of the board.
(c) The members of the board of governors shall be entitled to
and shall be reimbursed for their actual travel expenses necessarily
GEORGIA LAWS 1982 SESSION
1127
incurred in the performance of their duties and, for each day actually
spent in performance of their duties, shall receive the same per diem
as do members of the General Assembly.
(d) The members of the authority in office on the effective date
of this chapter shall continue in office as members of the board of
governors for the remainder of the terms for which they were
appointed and until their successors are appointed and qualified
hereunder.
10-9-7. (a) The management of the business and affairs of the
authority shall be vested in the board of governors, subject to the
provisions of this chapter and to the provisions of bylaws adopted by
the board of governors as authorized by this chapter.
(b) The board of governors shall have the power to make the
bylaws, rules, and regulations for the government of the authority and
the operation, management, and maintenance of the project as it may
determine appropriate.
(c) A majority of the number of members of the board then in
office shall constitute a quorum for the transaction of business. The
vote of a majority of the members of the board present at the time of
the vote, if a quorum is present at such time, shall be the act of the
board unless the vote of a greater number is required by law or by the
bylaws of the board of governors.
(d) If the bylaws of the authority so provide, the board of
governors, 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 members of the board and each of which, to the extent
provided in such resolution or the bylaws of the authority, shall have
and may exercise such authority as the board of governors may
delegate to it. Unless otherwise provided in the bylaws of the
authority, any such committee shall act by a majority of its members.
The designation of any such committee and the delegation thereto of
authority shall not operate to relieve the board of governors or any
member thereof of any responsibility imposed by law.
10-9-8. (a) Meetings of the board of governors, regular or
special, shall be held at the time and place fixed by or under the
bylaws or, if not so fixed, by the board. Regular meetings of the board
1128
GENERAL ACTS AND RESOLUTIONS, VOL. I
may be held with or without notice as prescribed in the bylaws.
Special meetings of the board shall be held upon such notice as is
prescribed in the bylaws. Unless otherwise prescribed in the bylaws,
written notice of the time and place of special meetings of the board
shall be given to each member either by personal delivery or by mail,
telegram, or cablegram at least two days before the meeting. Neither
the business to be transacted at, nor the purpose of, any regular or
special meeting of the board need be specified in the notice or waiver
of notice of such meeting unless required by the bylaws. Meetings of
the board may be called by the chairman of the board or by any other
person or persons authorized by the bylaws.
(b) Upon receipt of a resolution by a majority of the number of
members of the board authorized by this chapter which so certifies
and requests, adopted after notice to the defaulting member, the
Governor of the State may by executive order remove from member-
ship a member of the board who has failed to attend three consecutive
meetings of the board. The action of the Governor shall be final and
nonreviewable.
10-9-9. (a) The board of governors shall elect or appoint such
officers as may be provided in the bylaws and may delegate to such
officers, who need not be members of the board, such authority and
responsibility as the board may determine appropriate.
(b) Each officer and employee of the authority shall serve at the
pleasure of the authority and 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.
(c) All officers and agents of the authority shall have such
authority and perform such duties in the management of the author-
ity as may be provided in the bylaws or as may be determined by
action of the board not inconsistent with law or with the bylaws.
(d) The board of governors shall have authority to fix the
compensation of its officers and employees, except that officers or
employees who are also members of the board shall serve without
additional compensation for such service.
10-9-10. It is found, determined, and declared that the creation
of the authority in the carrying out of its corporate purpose is in all
GEORGIA LAWS 1982 SESSION
1129
respects for the benefit of the people of this state and is a public
purpose and that the authority will be performing an essential
governmental function in the exercise of the powers conferred upon it
by this chapter. The authority shall be required to pay no taxes or
assessments upon any property acquired or under the jurisdiction,
control, possession, or supervision or upon its activities in the opera-
tion or maintenance of the facilities erected, maintained, or acquired
by it or any fees, rentals, or other charges for the use of such facilities
or other income received by the authority; provided, however, in no
event shall the exemptions granted in this Code section extend to any
lessee or other private person or entity.
10-9-11. Any action against the authority to protect or enforce
any rights under the provisions of this chapter shall be brought in the
Superior Court of Fulton County, Georgia, and such court shall have
exclusive, original jurisdiction of such actions.
10-9-12. The authority, in addition to the moneys received from
the collection of revenues, rents, and earnings derived under the
provisions of this chapter or from the Department of Industry and
Trade, shall have authority to accept from any federal agency grants
for or in aid of the construction of any 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.
10-9-13. All moneys received pursuant to the authority of this
chapter, 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 chapter.
10-9-14. The board of governors of the authority is authorized to
fix rentals, fees, prices, and other charges which any user, exhibitor,
concessionaire, franchisee, or vendor shall pay to the authority for the
use of the project or part thereof or combination thereof, and for the
goods and services provided by the authority in connection with such
use, as the authority may deem necessary or appropriate to provide in
connection with such use, and to charge and collect the same. Such
rentals, fees, prices, 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 be reasonably expected to provide a fund sufficient
with other revenues of such project and funds available to the
authority, if any, to pay the cost of maintaining, repairing, and
1130
GENERAL ACTS AND RESOLUTIONS, VOL. I
operating the project, including the reserves for extraordinary repairs
and insurance, unless such cost shall be otherwise provided for, which
costs 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.
10-9-15. (a) The authority shall operate the project so as to
ensure maximum use of the project. In connection with and incident
to its operation of the project, the authority may engage in such
activities as it deems appropriate to promote trade shows, conven-
tions, and tourism within the state so as to promote the use of the
project and the use of the industrial, agricultural, educational, histor-
ical, cultural, recreational, and natural resources of the State of
Georgia by those using or visiting the project.
(b) The authority shall have the power to lease and make
contracts with political subdivisions and agencies of this state with
respect to the use of the project and the goods and services of the
authority provided in connection with such use or the activities which
the authority is otherwise authorized to undertake.
(c) It shall be the duty of the board of governors of the authority
to prescribe rules and regulations for the operation and governing the
use of the project constructed under the provisions of this chapter,
including rules and regulations to ensure maximum use of the project.
(d) (1) The authority shall be authorized to employ security
guards to keep watch over and protect the Geo. L. Smith II
Georgia World Congress Center and such other properties as may
be under the management and control of the authority. The
security guards employed, as provided by this subsection, shall be
employees of and compensated by the authority. The security
guards employed pursuant to the provisions of this Code section,
shall be charged with the duty of protecting and preserving the
property under the management and control of the authority and
the prevention, detection, and investigation of offenses committed
thereon. Security guards so employed by the authority shall not
be subject to Chapter 8 of Title 35 of the Official Code of Georgia
Annotated but may apply for and obtain certification thereunder.
Any security guard so employed who is a candidate for or who has
obtained certification under Chapter 8 of Title 35 shall, in addi-
tion, have powers to arrest all persons committing offenses
thereon and to possess and carry weapons while on duty, but only
GEORGIA LAWS 1982 SESSION
1131
while in the performance of his duties and only while upon the
property or in connection with the property under the control of
the authority.
(2) Under such terms and conditions as the authority and
the Board of Public Safety may by agreement establish, the Board
of Public Safety may provide through the Georgia Police Academy
such limited or specialized training to security guards employed
by the authority as may be appropriate to the responsibilities and
powers vested in such security guards. Without limitation of the
foregoing, the board may permit limited participation by such
security guards in the training program, or such parts thereof as
may be appropriate, offered to police officers by the Georgia
Police Academy. Nothing in this Code section shall limit the duty
of the Georgia Police Academy to train security guards who apply
for certification under Chapter 8 of Title 35 of the Official Code of
Georgia Annotated.
10-9-16. The Attorney General shall provide legal services for
the authority and in connection therewith the provisions of Chapter
15 of Title 45 of the Official Code of Georgia Annotated, relating to
the Attorney General, shall apply.
10-9-17. The foregoing Code sections of this chapter 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.
10-9-18. This chapter, being for the welfare of the state and its
inhabitants, shall be liberally construed to effect the purposes hereof.
10-9-19. The accounts of the authority created in this chapter
shall be kept as separate and distinct accounts and shall be audited by
the Department of Audits and Accounts of the state.
ARTICLE 2
10-9-20. There is created as a joint committee of the General
Assembly the Geo. L. Smith II Georgia World Congress Center
Authority Overview Committee to be composed of three members of
the House of Representatives appointed by the Speaker of the House
1132
GENERAL ACTS AND RESOLUTIONS, VOL. I
and three members of the Senate appointed by the President of the
Senate. The members of the committee shall serve two-year terms
concurrent with their terms as members of the General Assembly.
The chairman of the committee shall be appointed by the President
of the Senate from the membership of the committee, and the vice
chairman of the committee shall be appointed by the Speaker of the
House from the membership of the committee. The chairman and
vice chairman shall serve terms of two years concurrent with their
terms as members of the General Assembly. Vacancies in an
appointed members position or in the offices of chairman or vice
chairman of the committee shall be filled for the unexpired term in
the same manner as the original appointment. The committee shall
periodically inquire into and review the operations of the Geo. L.
Smith II Georgia World Congress Center Authority, as well as peri-
odically review and evaluate the success with which the authority is
accomplishing its statutory duties and functions as provided in this
chapter.
10-9-21. The state auditor, the Attorney General, and all other
agencies of state government, upon request by the committee, shall
assist the committee in the discharge of its duties herein set forth.
The committee may employ not more than two staff members and
may secure the services of independent accountants, engineers, and
consultants.
10-9-22. The Geo. L. Smith II Georgia World Congress Center
Authority shall cooperate with the committee, its authorized person-
nel, the Attorney General, the state auditor, and other state agencies
in order that the charges of the committee, set forth in this article,
may be timely and efficiently discharged. The authority shall submit
to the committee such reports and data as the committee shall
reasonably require of the authority in order that the committee may
adequately perform its functions. The Attorney General is autho-
rized to bring appropriate legal actions to enforce any laws specifi-
cally or generally relating to the Geo. L. Smith II Georgia World
Congress Center Authority. The committee shall, on or before the
first day of January of each year, and at such other times as it deems
necessary, submit to the General Assembly a report of its findings and
recommendations based upon the review of the Geo. L. Smith II
Georgia World Congress Center Authority, as set forth in this chap-
ter.
GEORGIA LAWS 1982 SESSION
1133
10-9-23. In the discharge of its duties, the committee shall
evaluate the performance of the Geo. L. Smith II Georgia World
Congress Center Authority consistent with the following criteria:
(1) Prudent, legal, and accountable expenditure of public
funds;
(2) Efficient operation; and
(3) Performance of its statutory responsibilities.
10-9-24. (a) The committee is authorized to expend state
funds available to the committee for the discharge of its duties. Said
funds may be used for the purposes of Compensating staff personnel,
paying for services of independent accountants, engineers, and con-
sultants, and paying all other necessary expenses incurred by the
committee in performing its duties.
(b) The members of the committee shall receive the same com-
pensation, per diem, expenses, and allowances for their service on the
committee as is authorized by law for members of interim legislative
study committees.
(c) The funds necessary for the purposes of the committee shall
come from the funds appropriated to and available to the legislative
branch of government.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
1134
GENERAL ACTS AND RESOLUTIONS, VOL. I
LANDLORD AND TENANT DISPOSSESSORY AND
DISTRESS WARRANT PROCEEDINGS.
Code Sections 44-7-53, 44-7-54, 44-7-72
Amended.
No. 1365 (House Bill No. 1558).
AN ACT
To amend Chapter 7 of Title 44 of the Official Code of Georgia
Annotated, relating to landlord and tenant, so as to change the time of
performing certain actions of parties and of the court in dispossessory
and distress warrant proceedings; to provide an effective date: to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 7 of Title 44 of the Official Code of Georgia
Annotated, relating to landlord and tenant, is amended by replacing
Code Section 44-7-53 with a new Code section to read as follows:
44-7-53. (a) If the tenant fails to answer as provided in Code
Section 44-7-51 (b), the court shall issue a writ of possession instanter
notwithstanding Code Section 9-11-55; and the plaintiff shall be
entitled to a verdict and judgment by default for all rents due, in open
court or in chambers, as if every item and paragraph of the affidavit
provided for in Code Section 44-7-50 were supported by proper
evidence, without the intervention of a jury.
(b) If the tenant answers, a trial of the issues shall be had in
accordance with the procedure prescribed for civil actions in courts of
record. Every effort should be made by the trial court to expedite a
trial of the issues. The defendant shall be allowed to remain in
possession of the premises pending the final outcome of the litigation;
provided, however, that, at the time of his answer, the tenant must
pay rent into the registry of the court pursuant to Code Section 44-7-
54.
Section 2. Said chapter is further amended by replacing subsec-
tion (a) of Code Section 44-7-54 with a new subsection to read as
follows:
GEORGIA LAWS 1982 SESSION
1135
(a) In any case where the issue of the right of possession cannot
be finally determined within two weeks from the date of the original
affidavit, the tenant shall be required to pay into the registry of the
trial court:
(1) All rent which becomes due after the issuance of the
dispossessory warrant, said rent to be paid as it becomes due. If
the landlord and the tenant disagree as to the amount of rent,
either or both of them may submit to the court any written rental
contract for the purpose of establishing the amount of rent to be
paid into the registry of the court. If the amount of rent is in
controversy and no written rental agreement exists between the
tenant and landlord, the court shall require the amount of rent to
be a sum equal to the last previous rental payment made by the
tenant and accepted by the landlord without written objection;
and
(2) All rent allegedly owed prior to the issuance of the
dispossessory warrant; provided, however, that, in lieu of such
payment, the tenant shall be allowed to submit to the court a
receipt indicating that payment has been made to the landlord. In
the event that the amount of rent is in controversy, the court shall
determine the amount of rent to be paid into court in the same
manner as provided in paragraph (1) of this subsection.
Section 3. Said chapter is further amended by replacing Code
Section 44-7-72 with a new Code section to read as follows:
44-7-72. When the affidavit provided for in Code Section 44-7-
71 is made, the judge of the superior court, the state court, the civil
court, or the small claims court or justice of the peace before whom it
was made shall grant and issue a summons to the marshal or the
sheriff or his deputy of the county where the tenant resides or where
his property may be found. A copy of the summons and the affidavit
shall be personally served upon the defendant. If an officer is unable
to serve the defendant personally, service may be given by delivering
the summons and affidavit to any person who is sui juris residing on
the premises. The summons served on the defendant pursuant to this
Code section shall command and require the tenant to appear at a
hearing on a day certain not less than five nor more than seven days
from the date of actual service.
1136
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. This Act shall become effective on November 1,1982.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 13,1982.
CRIMINAL PROCEDURE CASH BONDS.
Code Title 17, Chapter 6 Amended.
No. 1366 (House Bill No. 717).
AN ACT
To amend an Act which authorizes the acceptance and payment of
cash bonds from persons charged with violations of traffic laws,
approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 331), as
amended, particularly by an Act approved April 18,1975 (Ga. L. 1975,
p. 845), so as to authorize the acceptance and payment of cash bonds
in certain cases; to provide for the forfeiture of such cash bonds in
certain cases; to provide for other matters relative to the foregoing; to
amend an Act permitting drivers licenses to be deposited as bail on
arrest for certain traffic offenses, approved April 13, 1973 (Ga. L.
1973, p. 435), as amended, particularly by an Act approved February
20,1976 (Ga. L. 1976, p. 213), so as to authorize drivers licenses to be
deposited in certain cases; to amend the Official Code of Georgia
Annotated accordingly; to provide effective dates; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
1137
Part 1
Section 1. An Act which authorizes the acceptance and payment
of cash bonds from persons charged with violations of traffic laws,
approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 331), as
amended, particularly by an Act approved April 18,1975 (Ga. L. 1975,
p. 845), is amended by striking Section 1 of said Act which reads as
follows:
Section 1. Any sheriff of the State of Georgia or his lawful agent
or deputy, or any other county officer charged with the duty of
enforcing traffic, game, fish or boating or litter laws of this State who
makes an arrest outside of the corporate limits of any municipality of
this State for the violation of any traffic, game, fish or boating or litter
law, and has been authorized, as provided herein, by the judge having
jurisdiction of such offense, to accept cash bonds, may accept a cash
bond for the personal appearance of the person so arrested in lieu of a
statutory bond or recognizance. No such officer shall be authorized to
accept a cash bond unless he has been authorized to receive cash
bonds in such cases by an order of the judge having jurisdiction of
such offense, which order may be granted or dissolved in the discre-
tion of such judge and which shall be filed with other records of the
court over which said judge presides.,
and substituting in lieu thereof the following:
Section 1. Any sheriff, deputy sheriff, county peace officer, or
other county officer charged with the duty of enforcing the laws of
this state relating to (1) traffic or the operation or licensing of motor
vehicles or operators; (2) the width, height, or length of vehicles and
loads; (3) motor common carriers and motor contract carriers; (4)
road taxes on motor carriers as provided in Code Chapter 91A-51; (5)
game and fish; (6) boating; or (7) litter control who makes an arrest
outside the corporate limits of any municipality of this state for a
violation of said laws and who is authorized, as provided herein by a
court of record having jurisdiction over such offenses, to accept cash
bonds may accept a cash bond from the person arrested in lieu of a
statutory bond or recognizance. No such officer shall accept a cash
bond unless he is authorized to receive cash bonds in such cases by an
order of the court having jurisdiction over such offenses and unless
such order has been entered on the minutes of the court. Any such
order may be granted, revoked, or modified by the court at any time.
Section 2. Said Act is further amended by striking Section 4 of
said Act, which reads as follows:
1138
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. If any person arrested for a violation of the traffic,
game, fish or boating or litter laws of the State of Georgia gives a cash
bond as above provided for his appearance and fails to appear at the
next regular term of court convening thereafter without legal excuse
therefor, then and in that event, in the discretion of the court, said
cash bond shall then and there be forfeited without the necessity for
the statutory procedure provided for in the forfeiture of statutory bail
bonds, and a judgment may be entered accordingly, in the discretion
of the court, ordering the case disposed of and settled and the
proceeds shall be applied and distributed as any fine would be.
However, if the judge shall not desire to enter, in his discretion, a
judgment ordering the case disposed of and settled, the forfeiture of
the cash bond shall not be a bar to a subsequent prosecution of the
arrested person for such violation.,
and substituting in lieu thereof the following:
Section 4. If any person arrested for a misdemeanor arising out
of a violation of the laws of this state relating to (1) traffic or the
operation or licensing of motor vehicles or operators; (2) the width,
height, or length of vehicles and loads; (3) motor common carriers and
motor contract carriers; (4) road taxes on motor carriers as provided
in Code Chapter 91A-51; (5) game and fish; (6) boating; or (7) litter
control gives a cash bond for his appearance as provided in Section 1
and fails to appear on the date, time, and place specified in the
citation or summons without legal excuse, the court may order said
cash bond forfeited without the necessity of complying with the
procedures provided for in Code Chapter 27-29, relating to fines and
forfeitures. A judgment ordering the case disposed of and settled may
be entered by the court and the proceeds shall be applied in the same
manner as fines. If the court does not enter a judgment ordering the
case disposed of and settled, the forfeiture of the cash bond shall not
be a bar to subsequent prosecution of the person charged with the
violation of such laws.
Section 3. An Act permitting drivers licenses to be deposited as
bail on arrest for certain traffic offenses, approved April 13,1973 (Ga.
Laws 1973, p. 435), as amended, particularly by an Act approved
February 20, 1976 (Ga. Laws 1976, p. 213), is hereby amended by
striking the first undesignated subsection of Section 1 of said Act,
which reads as follows:
GEORGIA LAWS 1982 SESSION
1139
Any other laws of the State of Georgia to the contrary notwith-
standing, any person who is arrested by an officer for the violation of a
traffic law or traffic ordinance, except any offense for which a license
may be suspended by the Commissioner of Public Safety for a first
offense, upon being served with the official summons issued by such
arresting officer, in lieu of being immediately brought before the
proper magistrate, recorder or other judicial officer to enter into a
formal recognizance or make direct the deposit of a proper sum of
money in lieu of a recognizance ordering incarceration, may, upon
agreement with the arresting officer, deposit his chauffeurs or
drivers license with the apprehending officer in lieu of bail, in lieu of
entering into a recognizance for his appearance for trial as set in the
aforesaid summons or being incarcerated by the arresting officer and
held for further action by the appropriate judicial officer. A receipt
for such license or deposit shall be given to such person by the
arresting officer, and thereafter said person shall be permitted to use
the receipt to operate a motor vehicle upon the highways of this State
during the pendency of the case in which the license was deposited,
unless his license or privilege is otherwise revoked, suspended or
cancelled; provided, however, that such receipt shall in no event be
valid for more than 45 days. The summons duly served as herein
provided shall give the judicial officer jurisdiction to dispose of the
matter.,
and substituting in lieu thereof the following:
Any other laws of the State of Georgia to the contrary notwith-
standing, any person who is arrested by an officer for the violation of
the laws of this state or ordinances relating to (1) traffic, except any
offense for which a license may be suspended for a first offense by the
Commissioner of Public Safety; (2) the licensing and registration of
motor vehicles and operators; (3) the width, height, and length of
vehicles and loads; (4) motor common carriers and motor contract
carriers; or (5) road taxes on motor carriers as provided in Code
Chapter 91A-51 upon being served with the official summons issued
by such arresting officer, in lieu of being immediately brought before
the proper magistrate, recorder, or other judicial officer to enter into a
formal recognizance or make direct the deposit of a proper sum of
money in lieu of a recognizance ordering incarceration, may deposit
his chauffeurs or drivers license with the apprehending officer in lieu
of bail, in lieu of entering into a recognizance for his appearance for
trial as set in the aforesaid summons or being incarcerated by the
arresting officer and held for further action by the appropriate
1140
GENERAL ACTS AND RESOLUTIONS, VOL. I
judicial officer. A receipt for such license or deposit shall be given to
such person by the arresting officer, and thereafter said person shall
be permitted to use the receipt to operate a motor vehicle upon the
highways of this state during the pendency of the case in which the
license was deposited, unless his license or privilege is otherwise
revoked, suspended or cancelled; provided, however, that such receipt
shall in no event be valid for more than 45 days. The summons duly
served as herein provided shall give the judicial officer jurisdiction to
dispose of the matter.
Part 2
Section 4. Article 1 of Chapter 6 of Title 17 of the Official Code
of Georgia Annotated, relating to bonds and recognizances in general,
is amended by replacing Code Section 17-6-5 which reads as follows:
17-6-5. Any sheriff of this state, his lawful agent or deputy, or
any other county officer charged with the duty of enforcing traffic,
game, fish, boating, or litter laws of this state who makes an arrest
outside of the corporate limits of any municipality of this state for a
violation of any traffic, game, fish, boating, or litter law and who has
been authorized, as provided for in this Code section, by the judge
having jurisdiction of such offense, to accept cash bonds may accept a
cash bond for the personal appearance at trial of the person so
arrested in lieu of a statutory bond or recognizance. No such officer
shall be authorized to accept a cash bond unless he has been autho-
rized to receive cash bonds in such cases by an order of the judge
having jurisdiction of the offense. The order may be granted or
dissolved in the discretion of the judge and shall be filed with other
records of the court over which the judge presides.,
with a new Code section to read as follows:
17-6-5. Any sheriff, deputy sheriff, county peace officer, or
other county officer charged with the duty of enforcing the laws of
this state relating to (1) traffic or the operation or licensing of motor
vehicles or operators; (2) the width, height, or length of vehicles and
loads; (3) motor common carriers and motor contract carriers; (4)
road taxes on motor carriers as provided in Article 2 of Chapter 9 of
Title 48; (5) game and fish; (6) boating; or (7) litter control who makes
an arrest outside the corporate limits of any municipality of this state
for a violation of said laws and who is authorized, as provided herein
by a court of record having jurisdiction over such offenses, to accept
GEORGIA LAWS 1982 SESSION
1141
cash bonds may accept a cash bond from the person arrested in lieu of
a statutory bond or recognizance. No such officer shall accept a cash
bond unless he is authorized to receive cash bonds in such cases by an
order of the court having jurisdiction over such offenses and unless
such order has been entered on the minutes of the court. Any such
order may be granted, revoked, or modified by the court at any time.
Section 5. Said article is further amended by replacing Code
Section 17-6-8 which reads as follows:
17-6-8. If any person arrested for a violation of the traffic,
game, fish, boating, or litter laws of this state gives a cash bond for his
appearance in court as provided for in Code Section 17-6-5 and fails
to appear at the next regular term of court convening after the arrest
without legal excuse therefor, then, in the discretion of the court, the
cash bond shall be forfeited without the necessity for the statutory
procedure provided for in the forfeiture of statutory bail bonds, and a
judgment may be entered accordingly, in the discretion of the court,
ordering the case disposed of and settled and the proceeds applied
and distributed like any other fine. However, if the judge does not
desire to enter, in his discretion, a judgment ordering the case
disposed of and settled, the forfeiture of the cash bond shall not be a
bar to a subsequent prosecution of the arrested person for the
violation.,
with a new Code section to read as follows:
17-6-8. If any person arrested for a misdemeanor arising out of
a violation of the laws of this state relating to (1) traffic or the
operation or licensing of motor vehicles or operators; (2) the width,
height, or length of vehicles and loads; (3) motor common carriers and
motor contract carriers; (4) road taxes on motor carriers as provided
in Article 2 of Chapter 9 of Title 48; (5) game and fish; (6) boating; or
(7) litter control gives a cash bond for his appearance as provided in
Code Section 17-6-5 and fails to appear on the date, time, and place
specified in the citation or summons without legal excuse, the court
may order said cash bond forfeited without the necessity of complying
with the statutory procedure provided for in the forfeiture of statu-
tory bail bonds. A judgment ordering the case disposed of and settled
may be entered by the court and the proceeds shall be applied in the
same manner as fines. If the court does not enter a judgment ordering
the case disposed of and settled, the forfeiture of the cash bond shall
not be a bar to subsequent prosecution of the person charged with the
violation of such laws.
1142
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 6. Said article is further amended by replacing subsec-
tion (a) of Code Section 17-6-11 which reads as follows:
(a) Any other laws of this state to the contrary notwithstand-
ing, any person who is arrested by an officer for a violation of a litter
law, a traffic law, or a traffic ordinance, except any offense for which a
license may be suspended by the commissioner of public safety for a
first offense, upon being served with the official summons issued by
the arresting officer, in lieu of being immediately brought before the
proper judicial officer to enter into a formal recognizance or making a
direct deposit of a proper sum of money in lieu of a recognizance
ordering incarceration, may, upon agreement with the arresting offi-
cer, deposit his chauffeurs or drivers license with the officer in lieu of
bail, in lieu of entering into a recognizance for his appearance for trial
as set in the summons, or in lieu of being incarcerated by the arresting
officer and held for further action by the appropriate judicial officer.
Any such person who is arrested by an officer for the violation of a
litter law, a traffic law, or a traffic ordinance, except any offense for
which a license may be suspended by the commissioner of public
safety for a first offense, shall be entitled to deposit his chauffeurs or
drivers license with a judicial officer or officer authorized to accept
cash bonds in lieu of bail as provided for in Code Section 17-6-5. A
receipt for the license shall be given to the person by the arresting
officer, and thereafter the person shall be permitted to use the receipt
to operate a motor vehicle upon the highways of this state during the
pendency of the case in which the license was deposited unless his
license or privilege is otherwise revoked, suspended, or canceled;
provided, however, that the receipt shall in no event be valid for more
than 45 days. The summons duly served as provided for in this Code
section shall give the proper judicial officer jurisdiction to dispose of
the matter.,
with a new subsection to read as follows:
(a) Any other laws to the contrary notwithstanding, any person
who is arrested by an officer for the violation of the laws of this state
or ordinances relating to (1) traffic, except any offense for which a
license may be suspended for a first offense by the commissioner of
public safety; (2) the licensing and registration of motor vehicles and
operators; (3) the width, height, and length of vehicles and loads; (4)
motor common carriers and motor contract carriers; or (5) road taxes
on motor carriers as provided in Article 2 of Chapter 9 of Title 48
upon being served with the official summons issued by such arresting
GEORGIA LAWS 1982 SESSION
1143
officer, in lieu of being immediately brought before the proper
magistrate, recorder, or other judicial officer to enter into a formal
recognizance or make direct the deposit of a proper sum of money in
lieu of a recognizance ordering incarceration, may deposit his chauf-
feurs or drivers license with the apprehending officer in lieu of bail,
in lieu of entering into a recognizance for his appearance for trial as
set in the aforesaid summons or being incarcerated by the arresting
officer and held for further action by the appropriate judicial officer.
A receipt for such license or deposit shall be given to such person by
the arresting officer, and thereafter said person shall be permitted to
use the receipt to operate a motor vehicle upon the highways of this
state during the pendency of the case in which the license was
deposited, unless his license or privilege is otherwise revoked, sus-
pended, or canceled; provided, however, that such receipt shall in no
event be valid for more than 45 days. The summons duly served as
herein provided shall give the judicial officer jurisdiction to dispose of
the matter.
Part 3
Section 7. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
1144
GENERAL ACTS AND RESOLUTIONS, VOL. I
MECHANICS AND MATERIALMENS LIENS.
Code Sections 44-14-361, 44-14-530 Amended.
No. 1367 (House Bill No. 767).
AN ACT
To amend Part 3 of Article 8 of Chapter 14 of Title 44 of the
Official Code of Georgia Annotated, relating to mechanics and
materialmens liens, so as to provide for preliminary notices of liens;
to provide for the filing of such liens with the clerk of the superior
court; to change the conditions under which liens may be enforced
and dissolved; to amend Code Section 44-14-530, relating to foreclo-
sure of liens on realty, so as to provide for jury verdicts and court
decisions and their effect; 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. Part 3 of Article 8 of Chapter 14 of Title 44 of the
Official Code of Georgia Annotated, relating to mechanics and
materialmens liens, is amended by striking Code Section 44-14-361
and inserting in its place a new Code section to read as follows:
44-14-361. (a) The following persons shall each have a special
lien on the real estate, factories, railroads, or other property for which
they furnish labor, services, or materials:
(1) All mechanics of every sort who have taken no personal
security for work done and material furnished in building, repair-
ing, or improving any real estate of their employers;
(2) All contractors, all subcontractors and all materialmen
furnishing material to subcontractors, and all laborers furnishing
labor to subcontractors, materialmen, and persons furnishing
material for the improvement of real estate;
(3) All registered architects furnishing plans, drawings,
designs, or other architectural services on or with respect to any
real estate;
GEORGIA LAWS 1982 SESSION
1145
(4) All registered land surveyors and registered professional
engineers performing or furnishing services on or with respect to
any real estate;
(5) All contractors, all subcontractors and materialmen fur-
nishing material to subcontractors, and all laborers furnishing
labor for subcontractors for building factories, furnishing material
for factories, or furnishing machinery for factories;
(6) All machinists and manufacturers of machinery, includ-
ing corporations engaged in such business, who may furnish or put
up any mill or other machinery in any county or who may repair
the same; and
(7) All contractors to build railroads.
(b) Each special lien specified in subsection (a), other than a
contractors lien, may attach to the real estate for which the labor,
services, or materials were furnished if they are furnished at instance
of the owner, contractor, or some person acting for the owner or
contractor. In such a case, however, the special lien shall be dissolved
if the owner, purchaser from the owner, or lender providing construc-
tion or purchase money shows that:
(1) The lien has been waived in a writing executed by the
lien claimant; or
(2) No preliminary notice of lien rights or claim of lien has
been filed, and the contractor, or person other than the owner at
whose instance the labor, services, or material were furnished, or
owner when conveying title in a bona fide sale or loan transaction,
has executed a sworn, written statement that the agreed price or
reasonable value of the labor, services, or material has been paid;
or
(3) A preliminary notice of lien rights has been filed and the
time has expired for filing a claim of lien as required by Code
Section 44-14-362; or
(4) A demand for filing of a claim of lien has been sent by
registered or certified mail to the potential lien claimant at the
address specified in the preliminary notice of lien rights and at
least ten days have elapsed since the date of such mailing without
the filing of a claim of lien.
1146
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) As used in paragraph (2) of subsection (b), the term person
other than the owner shall not include a subcontractor.
(d) In no event shall the aggregate amount of liens set up by this
Code section exceed the contract price of the improvements made or
services performed.
(e) The preliminary notice of lien rights referred to in this Code
section shall be filed within 30 days after a party afforded lien rights
under subsection (a) has delivered any material or provided any labor
or services for which such a lien may be claimed and in order to be
effective must:
(1) Be filed with the clerk of superior court of the county in
which the real estate is located;
(2) State the name, address, and telephone number of the
potential lien claimant;
(3) State the name and address of the contractor or other
person at whose instance the labor, services, or materials were
furnished;
(4) State the name of the owner of the real estate and
include a description sufficient to identify the real estate against
which the lien is or may be claimed; and
(5) Include a general description of the labor, services, or
materials furnished or to be furnished.
(f) Upon final payment after all labor, services, or materials have
been furnished, a person who has filed a preliminary notice of lien
rights shall either deliver a cancellation of the preliminary notice of
lien rights at the time of final payment or cause the notice to be
canceled of record within ten days after final payment. Any person
who fails to so cancel a preliminary notice shall be liable to the owner
for all costs and reasonable attorneys fees incurred by the owner in
having the preliminary notice canceled.
(g) A preliminary notice shall expire three months after the date
the last labor, materials, or services are furnished.
GEORGIA LAWS 1982 SESSION
1147
(h) A demand for filing of claim of lien shall contain the same
information required to be contained in the preliminary notice of lien
rights and shall contain the following statement addressed to the
potential lien claimant:
This demand was mailed to you on____________pursuant to
Code Section 44-14-1361. You are notified that unless you file a
claim of lien with respect to this claim on or before the tenth day
after said date of mailing your right to claim a lien will be
dissolved.
(i) The clerk of each superior court shall maintain within the
records of that office a record separate from all other real estate
records in which preliminary notices specified in subsection (e) above
shall be filed. Each such notice shall be indexed under the name of
the owner as contained in the preliminary notice. The clerk shall
collect a filing fee of $3.00 for the filing of each preliminary notice.
Section 2. Code Section 44-14-530, relating to manner of foreclo-
sure of liens on realty, is amended by striking subsection (a) and
inserting in its place a new subsection to read as follows:
(a) Liens on real property which are provided for in this
chapter, other than mortgages, shall be foreclosed, when not other-
wise provided for, by a compliance with his contract by the person
claiming the lien and recording his claim and the commencement of
an action therefor according to the provisions and requirements of
Code Section 44-14-362. In declaring for such debt or claim, the
claimant of the lien shall set forth his lien and the premise on which
he claims it; and, if the lien is allowed, the verdict of the jury, if tried
by a jury, or a decision of the court, if the parties consent to trial by
the court without a jury, shall set it forth and the judgment and
execution shall be awarded accordingly. All such executions shall,
however, be subject to all prior encumbrances.
Section 3. This Act shall become effective on April 1,1983.
1148
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
PHYSICIANS ASSISTANT ACT AMENDED.
Code Section 43-34-103 Amended.
No. 1368 (House Bill No. 1074).
AN ACT
To amend an Act known as the Physicians Assistant Act,
approved March 31, 1972 (Ga. L. 1972, p. 676), so as to provide for
physicians to supervise more than two physicians assistants in cer-
tain circumstances; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to provide for automatic
repeal of certain provisions of this Act; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act known as the Physicians Assistant Act,
approved March 31,1972 (Ga. L. 1972, p. 676), is amended by striking
in its entirety subsection (e) of Section 4 and inserting in lieu thereof
a new subsection (e) to read as follows:
(e) No physician shall have more than two physicians assis-
tants certified to him at any one time. However, a physician may
supervise more than two physicians assistants while on call for a solo
practitioner or as a member of a group practice setting (i.e., clinics,
hospitals, and other institutions). The physician taking call must be
approved to supervise the physicians assistant of the physician for
whom he is taking call.
GEORGIA LAWS 1982 SESSION
1149
Nothing in this Act shall prevent a physician from submitting a
new job description when a physicians assistant, by reason of further
education or experience and successfully passing additional test(s) as
shall be outlined and administered by the Board of Medical Examin-
ers, becomes capable of performing a wider range of medical tasks.
A physicians assistant as defined under this Act shall be allowed
to perform his duties only in the principal offices of the applying
physicians, which shall be those public or private places or health
facilities where the applying physician regularly sees patients, pro-
vided that nothing in this Act shall preclude a physicians assistant
from making house calls, hospital rounds, serving as an ambulance
attendant, or performing any functions performed by the applying
physician which the physicians assistant is qualified to perform.
A physicians assistant may not be utilized to perform the duties
of a pharmacist licensed under Code Chapter 79A-4, relating to
pharmacists, as now or hereafter amended.
A physician employed by the Department of Human Resources or
by any institution thereof or by a local health department whose
duties are administrative in nature and who does not normally
provide health care to patients as such employee shall not be autho-
rized to apply for or utilize the services of any physicians assistant
employed by the Department of Human Resources or by any institu-
tion thereof or by a local health department.
Part 2
Section 2. Code Section 43-34-103 of the Official Code of
Georgia Annotated, relating to application by physicians for utiliza-
tion of assistants, is amended by striking subsection (b) in its entirety
and inserting in lieu thereof a new subsection (b) to read as follows:
(b) No physician shall have more than two physicians assis-
tants certified to him at any one time. However, a physician may
supervise more than two physicians assistants while on call for a solo
practitioner or as a member of a group practice setting, for example,
clinics, hospitals, and other institutions. The physician taking call
must be approved to supervise the physicians assistant of the physi-
cian for whom he is taking call.
1150
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
ACTIONS LIMITATIONS ON FIREMENS
CIVIL LIABILITY.
Code Sections 3-1004, 51-1-30 Amended.
No. 1369 (House Bill No. 1191).
AN ACT
To amend Code Chapter 3-10, relating to limitations of actions for
torts, as amended, so as to change the fire departments to which Code
Section 3-1004.1 is applicable; to renumber Code Section 3-1004.1; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
1151
Part 1
Section 1. Code Chapter 3-10, relating to limitations of actions
for torts, as amended, is amended by striking Code Section 3-1004.1,
which reads as follows:
3-1004.1. Firemen, civil liability, (a) The officers, members,
agents, or employees of any fire department established by any
county, municipality, fire district, or authority shall not be liable at
law for any act or acts done while actually fighting a fire or performing
duties at the scene of an emergency, except for willful negligence or
malfeasance.
(b) As used in this section, fire department shall include volun-
teer fire departments established pursuant to local Act, ordinance, or
resolution and any fire department established as a department,
bureau, or agency of a municipality, county, fire district, or authority
of this state.,
and inserting in lieu thereof the following:
3-1004.2. Firemen, civil liability, (a) The officers, members,
agents, or employees of any fire department established by any
county, municipality, fire district, or authority shall not be liable at
law for any act or acts done while actually fighting a fire or performing
duties at the scene of an emergency, except for willful negligence or
malfeasance.
(b) As used in this section, fire department shall include volun-
teer fire departments established pursuant to local Act, ordinance, or
resolution or established as a nonprofit corporation pursuant to
private subscription and any fire department established as a depart-
ment, bureau, or agency of a municipality, county, fire district, or
authority of this state.
Part 2
Section 2. Code Section 51-1-30 of the Official Code of Georgia
Annotated, relating to liability for certain individuals while fighting
fires, is amended by striking said Code section in its entirety and
inserting in lieu thereof a new Code Section 51-1-30 to read as follows:
51-1-30. (a) As used in this Code section, the term fire
department includes volunteer fire departments established pursu-
ant to local act, ordinance, or resolution or established as a nonprofit
1152
GENERAL ACTS AND RESOLUTIONS, VOL. I
corporation pursuant to private subscription and any fire department
established as a department, bureau, or agency of a municipality,
county, fire district, or authority of this state.
(b) The officers, members, agents, or employees of any fire
department established by any county, municipality, fire district, or
authority shall not be liable at law for any act or acts done while
actually fighting a fire or performing duties at the scene of an
emergency, except for willful negligence or malfeasance.
(c) This Code section shall not affect the right of any party to
recover damages for an act which occurred before July 1,1980.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
GEORGIA LAWS 1982 SESSION
1153
GEORGIA SPORTS HALL OF FAME ACT AMENDED.
Code Title 50, Chapter 12 Amended.
No. 1370 (House Bill No. 1209).
AN ACT
To amend Article 4 of Chapter 12 of Title 50 of the Official Code of
Georgia Annotated, relating to the Georgia Sports Hall of Fame, so as
to create the Georgia Golf Hall of Fame; to provide for a board and its
membership; to provide for personnel, space, equipment, and sup-
plies; to provide for the powers and duties of the board; to provide for
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. Article 4 of Chapter 12 of Title 50 of the Official Code
of Georgia Annotated, relating to the Georgia Sports Hall of Fame, is
amended by striking said article in its entirety and inserting in lieu
thereof the following:
ARTICLE 4
HALLS OF FAME
Part 1
Georgia Sports Hall of Fame
50-12-60. There is created the Georgia Sports Hall of Fame
Board. The board shall be composed of nine members to be
appointed by the Governor. Initially, three members shall be
appointed for terms of two years, three for four years, and three for six
years. Thereafter, all members shall be appointed for terms of six
years. The Governor shall consider different areas of the state when
making appointments to the board. The board shall elect a chairman,
a vice-chairman, and such other officers as it deems advisable from its
own membership. The members shall receive no compensation for
their services but shall be reimbursed for expenses incurred in
attending meetings of the board. The board is authorized to employ
such personnel as it deems necessary to enable it to carry out its
duties and functions. The board shall meet once each quarter and at
such other times as the board deems necessary but not more than
1154
GENERAL ACTS AND RESOLUTIONS, VOL. I
eight times annually. A majority of the members shall constitute a
quorum for the transaction of business.
50-12-61. The board shall obtain such halls, rooms, quarters, and
offices as it deems necessary for conducting its affairs. The board
shall provide a portion of any such space as it shall deem necessary for
the display of busts, statues, plaques, books, papers, pictures, and
other exhibits and material relating to sports, athletics, and athletes.
50-12-62. It shall be the main purpose and function of the board to
honor those, living or dead, who by achievement or service have made
outstanding and lasting contributions to sports and athletics in this
state or elsewhere. The board is authorized to conduct surveys and
polls and to appoint committees to assist it in performing its function
and purpose.
50-12-63. The board is authorized to solicit and accept donations,
contributions, and gifts of money and property to enable it to carry
out its function and purpose. The donations, contributions, and gifts
shall be exempt from all taxation in this state. The General Assembly
is authorized to appropriate funds to the board.
Part 2
Georgia Golf Hall of Fame
50-12-64. (a) There is created the Georgia Golf Hall of Fame
which shall be governed by the Georgia Golf Hall of Fame Board.
(b) The board is assigned to the Department of Administrative
Services for administrative purposes only, as specified in Code Sec-
tion 50-4-3.
50-12-65. The board shall be composed of nine members to be
appointed by the Governor. Initially, three members of the board
shall be appointed for terms of two years, three members of the board
shall be appointed for terms of three years, and three members of the
board shall be appointed for terms of four years. Thereafter, all
members shall be appointed for terms of six years. The Governor
shall consider different areas of the state when making appointments
to the board. The board shall elect a chairman, a vice-chairman, and
such other officers as it deems advisable from its own membership.
The members shall receive no compensation for their services but
shall be reimbursed for expenses incurred in attending meetings of
GEORGIA LAWS 1982 SESSION
1155
the board. The board is authorized to employ such personnel as it
deems necessary to enable it to carry out its duties and functions;
however, such employees shall not be subject to the state merit
system of employment and employment administration. The board
shall meet once each quarter and at such other times as the board
deems necessary but not more than eight times annually. A majority
of the members shall constitute a quorum for the transaction of
business.
50-12-66. It shall be the main purpose and function of the board to
honor those, living or dead, who by achievement or service have made
outstanding and lasting contributions to the sport of golf in this state
or elsewhere. The board is authorized to conduct surveys and polls
and to appoint committees to assist it in performing its purpose and
function.
50-12-67. The headquarters of the board shall be located in
Augusta, Richmond County, Georgia. The board may obtain such
halls, rooms, quarters, and offices as it deems necessary for conduct-
ing its affairs. The board shall provide a portion of any such space as
it shall deem necessary for the display of busts, statues, plaques,
books, papers, pictures, and other exhibits and material relating to
sports, athletics, and athletes. In addition, the board is authorized to
recognize and designate any existing or proposed facility as a part of
the Hall of Fame as may be appropriate.
50-12-68. (a) The board is authorized to solicit and accept
donations, contributions, and gifts of money and property to enable it
to carry out its function and purpose. The donations, contributions,
and gifts shall be exempt from all taxation in this state. The General
Assembly is authorized to appropriate funds to the board.
(b) The board is authorized to make such contracts, leases, or
agreements as may be necessary and convenient to carry out the
duties and purposes for which the board is created. The board is
authorized to enter into contracts, leases, or agreements with any
person, firm, or corporation, public or private, upon such terms and
for such purposes as may be deemed advisable by the board.
Section 2. This Act shall become effective on November 1,1982.
1156
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
GEORGIA STATE BOARD OF PHARMACY ACT
AMENDED.
Code Title 79A Amended.
Code Title 26, Chapter 4 Amended.
No. 1371 (House Bill No. 1261).
AN ACT
To amend Code Title 79A, relating to pharmacists, pharmacy, and
drugs, as amended, so as to change the provisions relating to the
membership of the Georgia State Board of Pharmacy; to continue the
State Board of Pharmacy and the laws relating thereto but to provide
for the later termination of the board and the laws relating thereto; to
amend Title 26 of the Official Code of Georgia Annotated, relating to
food, drugs, and cosmetics, so as to provide for the same change
described above as well as to provide for nomination, appointment,
and approval of the director and agents of the Georgia Drugs and
Narcotics Agency and provide for their compensation; to change
certain reporting requirements; to remove certain citizenship require-
ments for pharmacist and pharmacy licensure; to change certain
requirements for pharmacy interns; to provide for effective dates and
automatic repeal; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Title 79A, relating to pharmacists, pharmacy,
and drugs, as amended, is amended by striking Code Section 79A-202
in its entirety and substituting in lieu thereof a new Code Section
79A-202 to read as follows:
GEORGIA LAWS 1982 SESSION
1157
79A-202. Effective July 1, 1982, the Georgia State Board of
Pharmacy shall be expanded from six to eight members and shall
consist of seven members who meet the qualifications of Code Section
79A-203 and one member who shall meet the qualifications of Code
Section 79A-202.1. Members in office on July 1,1982, shall serve out
their terms of office and until their successors are appointed and
qualified. Members of the Board shall be appointed by the Governor
for a term of five years or until their successors are appointed and
qualified. At the annual meeting of the Georgia Pharmaceutical
Association there shall be nominated by such licensed pharmacists as
may be present three practicing registered pharmacists who shall
meet the qualifications imposed by this Chapter to fill the next
vacancy occurring on the Board by reason of expiration of term. At
the annual meeting of the Georgia Pharmaceutical Association in
1982, the licensed pharmacists present shall also nominate three
practicing registered pharmacists who meet the qualifications
imposed by this Chapter to fill the two additional positions on the
Board. The secretary of said association shall regularly submit to the
Governor the names of the three pharmacists so nominated for each
vacancy and the Governor may make the appointment to fill each
such vacancy from the names so submitted. Should any vacancy occur
upon the State Board of Pharmacy other than by reason of expiration
of term, such vacancy may be filled by appointment by the Governor
for the remainder of the unexpired term from a group of three
practicing registered pharmacists nominated as aforesaid at any
regular or special meeting of the Georgia Pharmaceutical Associa-
tion.
Section 2. Said Code Title is further amended by striking Code
Section 79A-202.1 in its entirety and substituting in lieu thereof a new
Code Section 79A-202.1 to read as follows:
79A-202.1. Effective July 1,1982, the Board shall consist of eight
members. In addition to the members of the Board who are pharma-
cists, the Board shall consist of a member, appointed by the Gover-
nor, who shall not have any connection whatsoever with the pharma-
ceutical industry. Such additional member may vote only on matters
relating to administration and policy which do not directly relate to
practical and scientific examination of pharmacists for licensing in
this State. Vacancies occurring in the membership of the Board
occupied by a consumer shall be filled by the Governor for the
unexpired term of office. Except for appointments to fill vacancies,
the term of office of all members of the Board shall be for five years.
1158
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. Said Code Title is further amended by adding
immediately following Code Section 79A-202.1 a new Code Section
79A-202.2 to read as follows:
79A-202.2. Board continuation and termination. Pursuant to
Section 9 of The Act Providing for the Review, Continuation, Rees-
tablishment or Termination of Regulatory Agencies, approved March
24,1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the State
Board of Pharmacy and the laws relating thereto are hereby contin-
ued until July 1,1988, 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 author-
ity 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.
Part 2
Section 4. Title 26 of the Official Code of Georgia Annotated,
relating to food, drugs, and cosmetics, is amended by striking Code
Section 26-4-31 in its entirety and substituting in lieu thereof a new
Code Section 26-4-31 to read as follows:
26-4-31. (a) The board shall consist of seven members pos-
sessing the qualifications specified in Code Section 26-4-32 and one
additional member possessing the qualifications specified in subsec-
tion (c) of this Code section who shall be appointed by the Governor
for a term of five years or until their successors are appointed and
qualified.
(b) At the annual meeting of the Georgia Pharmaceutical Asso-
ciation there shall be nominated by such licensed pharmacists as may
be present three practicing registered pharmacists who shall meet the
qualifications imposed by this part to fill the next vacancy occurring
on the board by reason of expiration of term. The secretary of said
association shall regularly submit to the Governor the names of the
three pharmacists so nominated and the Governor may make the
GEORGIA LAWS 1982 SESSION
1159
appointment to fill such vacancy from the names so submitted.
Should any vacancy occur upon the board other than by reason of
expiration of term, such vacancy may be filled by appointment by the
Governor for the remainder of the unexpired term from a group of
three practicing registered pharmacists nominated as aforesaid at any
regular or special meeting of the Georgia Pharmaceutical Association.
(c) The eighth member of the board shall be appointed by the
Governor and shall not have any connection whatsoever with the
pharmaceutical industry. Such member shall vote only on matters
relating to administration and policy which do not directly relate to
practical and scientific examination of pharmacists for licensing in
this state. Vacancies occurring in the membership of the board
occupied by a consumer shall be filled by the Governor for the
unexpired term of office.
Section 5. Said title is further amended by striking Code Section
26-4-41 and inserting in its place a new Code Section 26-4-41 to read
as follows:
26-4-41. For the purposes of Chapter 2 of Title 43, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the State Board of Pharmacy shall be
terminated on July 1,1988, and this part and any other laws relating
to such board shall be repealed in their entirety effective on the date
specified in Code Section 43-2-8.
Section 6. Said title is further amended by striking Code Section
26-4-50, which reads as follows:
26-4-50. The joint-secretary is authorized to appoint a director
of the Georgia Drugs and Narcotics Agency. It shall be the duty of the
director to visit and inspect factories, warehouses, wholesaling estab-
lishments, retailing establishments, chemical laboratories, and such
other establishments in which drugs, devices, cosmetics, and such
articles known as family remedies, grocers drugs, and toilet articles
are manufactured, processed, packaged, sold at wholesale, sold at
retail, or otherwise held for introduction into commerce; to enter and
inspect any vehicle used to transport or hold any drugs, devices,
cosmetics, or any of the articles enumerated in this Code section; and
to perform such other duties as may be directed by the board. He shall
report to the board, the joint-secretary, or the Department of Public
Safety, as appropriate, any and all violations of any of the drug laws of
1160
GENERAL ACTS AND RESOLUTIONS, VOL. I
this state. The director shall have authority to take up samples of the
articles enumerated in this Code section from any of the said estab-
lishments for examination and analysis by the state chemist under his
direction and supervision, or for examination under the direction and
supervision of the board for the purpose of examination as provided
by Code Section 26-4-54. The director shall be charged with the
supervision and control of the Georgia Drugs and Narcotics Agency.,
and inserting in its place a new Code Section 26-4-50 to read as
follows:
26-4-50. The Georgia State Board of Pharmacy shall appoint a
director who shall hold office at the pleasure of the board, and should
any vacancy occur in said office for any cause whatsoever, said board
shall, either at a regular or called meeting, appoint his successor. The
salary of the director shall be fixed by the Georgia State Board of
Pharmacy. His whole time shall be at the disposal of the Georgia
State Board of Pharmacy and it shall be his duty to visit and inspect
factories, warehouses, wholesaling establishments, retailing estab-
lishments, chemical laboratories, and such other establishments in
which drugs, devices, cosmetics, and such articles known as family
remedies, grocers drugs, and toilet articles are manufactured, pro-
cessed, packaged, sold at wholesale, sold at retail, or otherwise held
for introduction into commerce; to enter and inspect any vehicle used
to transport or hold any drugs, devices, cosmetics, or any of the above
stated articles; and to perform such other duties as may be directed
by the Georgia State Board of Pharmacy. He shall report to the
Georgia State Board of Pharmacy or the secretary of said board any
and all violations of any of the drug laws of this state. The director
shall have authority to take up samples of the articles above referred
to from any of the said establishments for examination and analysis
by the state chemist, or under his direction and supervision, or for
examination under the direction and supervision of the Georgia State
Board of Pharmacy for the purpose of examination as provided by
Code Section 26-4-54. The Georgia State Board of Pharmacy shall
have authority to appoint such number of assistant drug agents as
may be necessary for the proper enforcement of the laws of this state.
Such assistant drug agents shall hold office at the pleasure of the
Georgia State Board of Pharmacy.
Section 7. Said title is further amended by striking paragraph
(1) of subsection (a) of Code Section 26-4-72 and redesignating
paragraphs (2) through (6) as paragraphs (1) through (5), respec-
GEORGIA LAWS 1982 SESSION
1161
tively, so that when so amended said subsection (a) shall read as
follows:
(a) No person shall be entitled to receive a license as a pharma-
cist unless he shall possess the following qualifications:
(1) Be at least the legal age of majority;
(2) Be a graduate of a generally recognized school or college
of pharmacy, as the same may be defined by the board;
(3) Have such practical experience as may be prescribed by
the board, provided, however, that any person who shall have been
a student in a generally recognized school or college of pharmacy
prior to July 1,1967, shall be required to have only such practical
experience as may have been required by law or the board prior to
that date;
(4) Has successfully passed an examination administered by
the board; and
(5) Be a person of good moral character.
Section 8. Said title is further amended by striking Code Section
26-4-77 and inserting in its place a new Code Section 26-4-77 to read
as follows:
26-4-77. Any student in, or who has been accepted for admis-
sion to, any generally recognized school or college of pharmacy, and
who has completed the prepharmacy requirements, may register with
the board and may be licensed as a pharmacy intern. Licenses issued
under this Code section shall bear the date thereof and shall be valid
for up to two years. Licenses which shall expire by lapse of time may
be renewed upon application, unless at the time of expiration there
shall be pending before the board proceedings to suspend or revoke
such license. A pharmacy intern may compound, mix, or dispense
drugs and medicines or poisons only under the immediate supervision
of a pharmacist.
Section 9. Said title is further amended by striking paragraph
(1) of subsection (a) of Code Section 26-4-101 and redesignating
paragraphs (2) and (3) as paragraphs (1) and (2), respectively, so that
when so amended said subsection (a) shall read as follows:
1162
GENERAL ACTS AND RESOLUTIONS, VOL. I
(a) No person shall be entitled to receive a pharmacy license
unless he shall possess the following qualifications:
(1) Be of good moral character; and
(2) Have never been convicted of any felony or of any other
crime of the United States, this state, or of any other state
pertaining to the manufacturing, distribution, sales, or dispensing
of drugs or narcotics, or have never been found to have violated
any rule or regulation of the board.
No person shall have their license revoked, if a hearing officer does
not give a report of recommendation within 60 days of a revocation
hearing.
Part 3
Section 10. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 11. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 14,1982.
GEORGIA LAWS 1982 SESSION
1163
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA
ACT AMENDED.
Code Title 47, Chapter 2 Amended.
No. 1372 (House Bill No. 1315).
AN ACT
To amend an Act establishing the Employees Retirement System
of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as
amended, so as to change the employee membership contribution
rate; to make a legislative determination; to provide for retirement
allowances and other provisions applicable to persons who first or
again become employees and members of the Employees Retirement
System on or after July 1,1982; to provide for employee membership
contributions; to provide for employer contributions; to provide for
optional elections; to specify provisions of the Employees Retire-
ment System Act which are not applicable to certain members; to
provide that members shall have and be subject to all other rights,
privileges, obligations, and duties specified by other provisions of the
Employees Retirement System Act; to provide that certain parts of
this Act do not apply to certain members; to provide for other matters
relative to the foregoing; to amend the Official Code of Georgia
Annotated accordingly; to provide for severability; to provide effec-
tive dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act establishing the Employees Retirement
System of Georgia, approved February 3,1949 (Ga. L. 1949, p. 138), as
amended, is amended by adding after paragraph (b) of subsection (8)
of Section 8, a new paragraph (b.l) to read as follows:
(b.l) It is determined by the General Assembly of Georgia that
an adjustment in the compensation of state employees is necessary to
assure the future actuarial soundness of the Employees Retirement
System of Georgia, and to preserve and protect the fiscal integrity of
the Employees Retirement System so as to insure the future pay-
ment of retirement benefits and allowances to those entitled to same.
Therefore, in addition to the employee membership contributions
1164
GENERAL ACTS AND RESOLUTIONS, VOL. I
required by paragraph (b) above, from and after July 1, 1982, as an
adjustment in compensation, each employer shall cause to be deduc-
ted from the earnable compensation of each member for each and
every payroll period an additional one percent of such earnable
compensation. This additional one percent deducted from the
earnable compensation of members shall be paid monthly to the
Board of Trustees and shall be credited to the individual accounts of
the members in the annuity savings fund. This paragraph shall not be
construed and is not intended so as to have any effect whatsoever on
any amounts of contributions paid to any retirement system other
than the Employees Retirement System of Georgia.
Section 2. Said Act is further amended by adding immediately
following Section 15A a new Section 15B to read as follows:
Section 15B. (1) Except where indicated clearly to the con-
trary by the context, the word member as used in this section shall
mean any employee who first or again becomes a member of the
Employees Retirement System of Georgia on or after July 9 1982.
From and after July 1,1982, every person first or again becoming an
employee entitled to a new membership in the Employees Retire-
ment System of Georgia shall become a member subject to this
section.
(2) Every member subject to this section shall, upon becoming
eligible under the provisions of the Employees Retirement System
Act, be entitled to a service retirement allowance, which shall consist
of:
(a) An annuity which shall be the actuarial equivalent of the
members accumulated contributions at the time of retirement;
and
(b) An annual pension which, together with the annuity,
shall provide a total retirement allowance equal to 1.5 percent of
the members average final compensation over the eight consecu-
tive calendar quarters of creditable service producing the highest
such average, multiplied by the number of his years of creditable
service.
The calculation of retirement benefits or allowances for any other
form or type of retirement shall also be based upon the foregoing
method of calculation. For the purposes of the foregoing calculation,
GEORGIA LAWS 1982 SESSION
1165
any increase or decrease in salary in excess of two five percent
increases or decreases during such eight consecutive calendar quar-
ters shall be disregarded.
(3) From and after July 1, 1982, every member subject to this
section shall contribute employee membership contributions in the
amount of 1/2 of one percent of earnable compensation, which shall
be deducted by each employer from the earnable compensation of
each member for each and every payroll period and paid monthly to
the Board of Trustees. Of the 1/2 of one percent deducted from the
earnable compensation of members, 1/4 of one percent shall be
credited to the individual accounts of the members in the annuity
savings fund and the remaining 1/4 of one percent shall be credited to
the group term life insurance fund in lieu of any other deduction
therefor. In the event a member is not covered by group term life
insurance, the entire 1/2 of one percent deducted from the members
earnable compensation shall be credited to his individual account in
the annuity savings fund.
(4) From and after July 1, 1982, each employer shall pay
monthly to the Board of Trustees, on behalf and to the credit of each
member subject to this section, employer contributions in an amount
equal to the aggregate amount of employer contributions plus
employee contributions made by the employer as required by the
Employees Retirement System Act for and on behalf of persons
within the membership of the Employees Retirement System who
are not subject to this section. With respect to members subject to
this section, none of these employer contributions shall be considered
as accumulated contributions of the member and none shall be
eligible for withdrawal by the member upon cessation of State service.
(5) Membership under this section shall be optional for any
persons who are within the membership of the Employees Retire-
ment System on June 30,1982. Any such persons may elect in writing
on a form to be provided by the Board of Trustees to become a
member subject to this section at any time on or after July 1, 1982.
This written election shall be final and cannot be later changed or
rescinded. Upon such election, a member shall be subject to all the
provisions, terms and conditions of this section. Provided, however,
that the calculation to determine retirement allowances for any
person exercising such option shall be made as follows: (1) the
retirement allowance shall be computed fully as if all creditable
service of the member were acquired and calculated under the
1166
GENERAL ACTS AND RESOLUTIONS, VOL. I
provisions of this section; (2) then, the retirement allowance shall also
be computed fully as if all creditable service of the member were
acquired and calculated under the provisions of the Employees
Retirement System Act and the rules and regulations of the Board of
Trustees contained other than in this section; (3) then, a benefit
amount shall be determined based upon a fractional part of each
retirement allowance computed in steps (1) and (2), which fractional
part shall be computed by using the actual years of creditable service
established under either this section, for step (1), or the provisions of
the Employees Retirement System Act contained other than in this
section, for step (2), which number of years shall be the numerator of
the fraction, over the actual years of creditable service established
under both this section and the provisions of the Employees Retire-
ment System Act contained other than in this section which number
shall be the denominator of the fraction; and (4) the two benefit
amounts so determined shall then be added together to produce the
actual retirement allowance. If a member is otherwise eligible for
projected years in service, and unless same is made inapplicable by
the conditions in subsection (6) of this section, projected years of
service used in the determination of retirement benefits for death,
disability, involuntary separation, or retirement with 34 years of
service, shall be used in the computation of the retirement allowances
under the foregoing steps (1) and (2). However, projected years of
service used in such benefits computations shall not be used in
determining the fractional part or allocation of the benefit amount
described in foregoing step (3).
(6) Members subject to this section shall be subject to the
following conditions:
(a) The provisions of subsection (11) of Section 5 of the
Employees Retirement System Act, as amended, shall not be
applicable to members subject to this section;
(b) No service shall constitute creditable service except
membership service for which the full rate of employee member-
ship contributions and employer contributions is made pursuant
to subsections (3) and (4) of this section; and
(c) The provisions of the last two paragraphs of subsection
(1) of Section 4 of the Employees Retirement System Act, as
amended, shall not be applicable to members subject to this
section.
GEORGIA LAWS 1982 SESSION
1167
(7) All members subject to this section shall have and be subject
to all other rights, privileges, obligations and duties specified by other
provisions of the Employees Retirement System Act, and all such
other provisions shall be of full force and effect with respect to any
matter not specifically provided for in this section.
(8) This section shall not be construed and is not intended so as
to have any effect whatsoever on persons within the membership of
the Employees Retirement System of Georgia on June 30,1982, who
do not elect in writing to become members subject to this section.
Part 2
Section 3. Chapter 2 of Title 47 of the Official Code of Georgia
Annotated, relating to the Employees Retirement System of Georgia,
is amended by adding at the end of Code Section 47-2-54 a new
subsection (i) to read as follows:
(i) It is determined by the General Assembly of Georgia that an
adjustment in the compensation of state employees is necessary to
assure the future actuarial soundness of the Employees Retirement
System of Georgia and to preserve and protect the fiscal integrity of
the Employees Retirement System so as to ensure the future pay-
ment of retirement benefits and allowances to those entitled to same.
Therefore, in addition to the employee membership contributions
required by subsections (b) and (c) of this Code section, from and
after July 1,1982, as an adjustment in compensation, each employer
shall cause to be deducted from the earnable compensation of each
member for each and every payroll period an additional 1 percent of
such earnable compensation. This additional 1 percent deducted
from the earnable compensation of members shall be paid monthly to
the board of trustees and shall be credited to the individual accounts
of the members in the annuity savings fund. This subsection shall not
be construed and is not intended so as to have any effect whatsoever
on any amounts of contributions paid to any retirement system other
than the Employees Retirement System of Georgia.
Section 4. Said chapter is further amended by adding at the end
thereof a new Code section, to be designated Code Section 47-2-334,
to read as follows:
47-2-334. (a) Except where indicated clearly to the contrary
by the context, the word member as used in this Code section shall
1168
GENERAL ACTS AND RESOLUTIONS, VOL. I
mean any employee who first or again becomes a member of the
Employees Retirement System of Georgia on or after July 1, 1982.
From and after July 1,1982, every person first or again becoming an
employee entitled to a new membership in the Employees Retire-
ment System of Georgia shall become a member subject to this Code
section.
(b) Every member subject to this Code section shall, upon
becoming eligible under the provisions of this chapter, be entitled to a
service retirement allowance, which shall consist of:
(1) An annuity which shall be the actuarial equivalent of the
members accumulated contributions at the time of retirement;
and
(2) An annual pension which, together with the annuity,
shall provide a total retirement allowance equal to 1.5 percent of
the members average final compensation over the eight consecu-
tive calendar quarters of creditable service producing the highest
such average, multiplied by the number of his years of creditable
service.
The calculation of retirement benefits or allowances for any other
form or type of retirement shall also be based upon the foregoing
method of calculation. For the purposes of the foregoing calculation,
any increase or decrease in salary in excess of two 5 percent increases
or decreases during such eight consecutive calendar quarters shall be
disregarded.
(c) From and after July 1, 1982, every member subject to this
Code section shall contribute employee membership contributions in
the amount of one-half of 1 percent of earnable compensation, which
shall be deducted by each employer from the earnable compensation
of each member for each and every payroll period and paid monthly
to the board of trustees. Of the one-half of 1 percent deducted from
the earnable compensation of members, one-fourth of 1 percent shall
be credited to the individual accounts of the members in the annuity
savings fund and the remaining one-fourth of 1 percent shall be
credited to the group term life insurance fund in lieu of any other
deduction therefor. In the event a member is not covered by group
term life insurance, the entire one-half of 1 percent deducted from the
members earnable compensation shall be credited to his individual
account in the annuity savings fund.
GEORGIA LAWS 1982 SESSION
1169
(d) From and after July 1, 1982, each employer shall pay
monthly to the board of trustees, on behalf and to the credit of each
member subject to this Code section, employer contributions in an
amount equal to the aggregate amount of employer contributions plus
employee contributions made by the employer as required by this
chapter for and on behalf of persons within the membership of the
Employees Retirement System who are not subject to this Code
section. With respect to members subject to this Code section, none
of these employer contributions shall be considered as accumulated
contributions of the member and none shall be eligible for withdrawal
by the member upon cessation of state service.
(e) Membership under this Code section shall be optional for
any persons who are within the membership of the Employees
Retirement System on June 30,1982. Any such persons may elect in
writing on a form to be provided by the board of trustees to become a
member subject to this Code section at any time on or after July 1,
1982. This written election shall be final and cannot be later changed
or rescinded. Upon such election, a member shall be subject to all the
provisions, terms, and conditions of this Code section; provided,
however, that the calculation to determine retirement allowances for
any person exercising such option shall be made as follows:
(1) The retirement allowance shall be computed fully as if
all creditable service of the member were acquired and calculated
under the provisions of this Code section;
(2) Then the retirement allowance shall also be computed
fully as if all creditable service of the member were acquired and
calculated under the provisions of this chapter and the rules and
regulations of the board of trustees contained other than in this
Code section;
(3) Then, a benefit amount shall be determined based upon
a fractional part of each retirement allowance computed in steps
(1) and (2), which fractional part shall be computed by using the
actual years of creditable service established under either this
Code section, for step (1), or the provisions of this chapter
contained other than in this Code section, for step (2), which
number of years shall be the numerator of the fraction, over the
total actual years of creditable service established under both this
Code section and the provisions of this chapter contained other
than in this Code section, which number shall be the denominator
of the fraction;
1170
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) The two benefit amounts so determined shall then be
added together to produce the actual retirement allowance; and
(5) If a member is otherwise eligible for projected years in
service, and unless same is made inapplicable by the conditions in
subsection (f) of this Code section, projected years of service used
in the determination of retirement benefits for death, disability,
involuntary separation, or retirement with 34 years of service,
shall be used in the computation of the retirement allowances
under the foregoing steps (1) and (2). However, projected years of
service used in such benefits computations shall not be used in
determining the fractional part or allocation of the benefit amount
described in foregoing step (3).
(f) Members subject to this Code section shall be subject to the
following conditions:
(1) The provisions of subsection (d) of Code Section 47-2-
120 shall not be applicable to members subject to this Code
section;
(2) No service shall constitute creditable service except
membership service for which the full rate of employee member-
ship contributions and employer contributions is made pursuant
to subsections (c) and (d) of this Code section; and
(3) The provisions of subsections (a) and (b) of Code Sec-
tion 47-2-91 shall not be applicable to members subject to this
Code section.
(g) All members subject to this Code section shall have and be
subject to all other rights, privileges, obligations and duties specified
by other provisions of this chapter, and all such other provisions shall
be of full force and effect with respect to any matter not specifically
provided for in this Code section.
(h) This Code section shall not be construed and is not intended
so as to have any effect whatsoever on persons within the membership
of the Employees Retirement System of Georgia on June 30, 1982,
who do not elect in writing to become members subject to this Code
section.
GEORGIA LAWS 1982 SESSION
1171
Part 3
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
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) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
FIREARMS POSSESSION BY CONVICTED
FELONS.
Code Sections 26-2914, 16-11-131 Amended.
No. 1374 (House Bill No. 1585).
AN ACT
To amend Code Section 26-2914, relating to the possession of
firearms by convicted felons, so as to authorize the Board of Public
1172
GENERAL ACTS AND RESOLUTIONS, VOL. I
Safety to grant relief from the disabilities imposed by this Code
section under certain circumstances; to amend Code Section 16-11-
131 of the Official Code of Georgia Annotated, relating to the posses-
sion of firearms by convicted felons, so as to provide therein for the
same changes provided for above; to provide effective dates; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Section 26-2914, relating to the possession of
firearms by convicted felons, is amended by striking subsection (d) of
said Code section in its entirety and inserting in lieu thereof a r.ew
subsection (d) to read as follows:
(d) A person who has been convicted of a felony, but who has
been granted relief from the disabilities imposed by the laws of the
United States with respect to the acquisition, receipt, transfer, ship-
ment, or possession of firearms by the Secretary of the Treasury
pursuant to 18 U.S.C. 925, shall, upon presenting to the Board of
Public Safety proof that such relief has been granted and it being
established from proof submitted by the applicant to the satisfaction
of the Board of Public Safety that the circumstances regarding the
conviction and the applicants record and reputation are such that the
acquisition, receipt, transfer, shipment, or possession of firearms by
the person would not present a threat to the safety of the citizens of
Georgia and that the granting of the relief sought would not be
contrary to the public interest, be granted relief from the disabilities
imposed by this section. A record that such relief has been granted by
the board shall be entered upon the criminal history of such person
maintained by the Georgia Crime Information Center and said board
shall maintain a list of the names of such persons which shall be open
for public inspection.
Part 2
Section 2. Code Section 16-11-131 of the Official Code of
Georgia Annotated, relating to the possession of firearms by con-
GEORGIA LAWS 1982 SESSION
1173
victed felons, is amended by striking subsection (d) of said Code
section in its entirety and inserting in lieu thereof a new subsection
(d) to read as follows:
(d) A person who has been convicted of a felony, but who has
been granted relief from the disabilities imposed by the laws of the
United States with respect to the acquisition, receipt, transfer, ship-
ment, or possession of firearms by the secretary of the United States
Department of the Treasury pursuant to 18 U.S.C. 925, shall, upon
presenting to the Board of Public Safety proof that the relief has been
granted and it being established from proof submitted by the appli-
cant to the satisfaction of the Board of Public Safety that the
circumstances regarding the conviction and the applicants record
and reputation are such that the acquisition, receipt, transfer, ship-
ment, or possession of firearms by the person would not present a
threat to the safety of the citizens of Georgia and that the granting of
the relief sought would not be contrary to the public interest, be
granted relief from the disabilities imposed by this Code section. A
record that the relief has been granted by the board shall be entered
upon the criminal history of the person maintained by the Georgia
Crime Information Center and the board shall maintain a list of the
names of such persons which shall be open for public inspection.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
1174
GENERAL ACTS AND RESOLUTIONS, VOL. I
PUBLIC SERVICE COMMISSION
QUALIFICATIONS OF DIRECTOR OF
UTILITY FINANCE SECTION.
Code Sections 93A-202a, 46-2-41 Amended.
No. 1375 (House Bill No. 1630).
AN ACT
To amend Code Section 93A-202a, relating to the qualifications
and duties of the director of the Utility Finance Section, so as to
change the qualifications of said director; to amend the Official Code
of Georgia Annotated accordingly; to provide effective dates; to
provide for automatic repeal of certain provisions of this Act; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Section 93A-202a, relating to the qualifications
and duties of the director of the Utility Finance Section, is amended
by striking subsection (b) in its entirety and inserting in lieu thereof a
new subsection (b) to read as follows:
(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 or have graduated from a law
school and been admitted to the State Bar of Georgia.
Part 2
Section 2. Code Section 46-2-41 of the Official Code of Georgia
Annotated, relating to the director of the Utility Finance Section,
is amended by striking subsection (b) in its entirety and inserting
in lieu thereof a new subsection (b) to read as follows:
GEORGIA LAWS 1982 SESSION
1175
(b) The director of the Utility Finance Section must possess at
least five years experience in the field of public regulation of busi-
ness, 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 or have graduated from
a law school and been admitted to the State Bar of Georgia.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
CERTIFICATION OF MEMBERS OF COUNTY
BOARDS OF EDUCATION AND COUNTY
SCHOOL SUPERINTENDENTS.
Code Section 20-2-53 Amended.
No. 1376 (House Bill No. 1641).
AN ACT
To amend Code Section 20-2-53 of the Official Code of Georgia
Annotated, relating to certifying the selection of members of county
1176
GENERAL ACTS AND RESOLUTIONS, VOL. I
boards of education and county school superintendents, so as to
change the provisions relative to such certification; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 20-2-53 of the Official Code of Georgia
Annotated, relating to certifying the selection of members of county
boards of education and county school superintendents, is amended
by striking said Code section, which reads as follows:
20-2-53. Whenever members of a county board of education are
elected or appointed, it shall be the duty of the clerk of the superior
court to forward to the State School Superintendent a certified
statement of the facts, under the seal of the court, as evidence upon
which to issue commissions. This statement must give the names of
the members of the county board chosen and state whom they
succeed and whether the offices were vacated by resignation, death,
or otherwise. The evidence of the election of a county school superin-
tendent shall be the certified statement of the secretary of the
meeting of the county board at which the election was held. Any
member of a county board may be removed by the judge of the
superior court of the county, upon petition of two-thirds of the grand
jury, for inefficiency, incapacity, general neglect of duty, or malfea-
sance or corruption in office, after opportunity to answer charges.,
in its entirety and substituting in lieu thereof a new Code Section 20-
2-53 to read as follows:
20-2-53. Whenever members of a county board of education or
county school superintendent are appointed, it shall be the duty of
the clerk of the superior court, when the members of the board of
education are appointed by the Grand Jury; or the secretary of the
board of education when members of the board of education or
superintendent are appointed by the board of education, to forward
to the Secretary of State a certified statement of the appointments,
and commissions shall be issued as for county officers. The statement
must give the name of the appointee, whom they succeed, whether the
office was vacated by resignation, death, or otherwise, and the effec-
tive date of the appointment.
Section 2. This Act shall become effective on November 1,1982.
GEORGIA LAWS 1982 SESSION
1177
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
MUNICIPALITIES AUTHORITY TO CLOSE
STREETS BY CERTAIN MUNICIPALITIES
(400,000 OR MORE).
Code Section 36-30-12 Amended.
No. 1377 (House Bill No. 1671).
AN ACT
To amend Chapter 30 of Title 36 of the Official Code of Georgia
Annotated, relating to general provisions pertaining to municipal
corporations, so as to authorize the municipal authorities in certain
municipal corporations to close municipal streets under certain con-
ditions; to provide for an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 30 of Title 36 of the Official Code of Georgia
Annotated, relating to general provisions pertaining to municipal
corporations, is amended by adding a new Code Section 36-30-12
at the end thereof to read as follows:
36-30-12. In all municipal corporations of this state having a
population of 400,000 or more according to the United States decen-
nial census of 1980 or any future such census, the municipal authori-
ties of such municipal corporations are authorized to close any
municipal streets adjacent to or through institutions of higher learn-
ing during any hours in which the municipal authorities determine
that it is in the best interest of the public safety and welfare to do so.
For the purposes of this Code section, public safety and welfare shall
1178
GENERAL ACTS AND RESOLUTIONS, VOL. I
be defined to include not only considerations of the flow of traffic, but
may also include a determination that to close said streets during
such hours will enhance police protection on said streets.
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
SECURITIES TRANSACTIONAL EXEMPTIONS.
Code Section 10-5-9 Amended.
No. 1378 (House Bill No. 1693).
AN ACT
To amend Chapter 5 of Title 10 of the Official Code of Georgia
Annotated, relating to securities, so as to empower the Commissioner
of Securities to create by rule a limited offering transactional exemp-
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. Chapter 5 of Title 10 of the Official Code of Georgia
Annotated, relating to securities, is amended by replacing the period
at the end of paragraph (15) of Code Section 10-5-9 with a semicolon
and adding thereafter the following new paragraph (16):
(16) Any transaction exempted by rule under this paragraph:
(A) The commissioner is granted authority to create by rule
a limited offering transactional exemption and procedures per-
taining thereto which shall further the objectives of compatibility
GEORGIA LAWS 1982 SESSION
1179
with federal exemptions and uniformity among states. Except as
otherwise provided, any such rule shall require that the commis-
sioner receive prior to any such sale:
(i) A notice of intention to sell which has been exe-
cuted by the applicant which sets forth the information
required by the rule;
(ii) A filing fee of $250.00;
(iii) A consent to service of process in the form pre-
scribed by Code Section 10-5-18 which has been executed by
the applicant; and
(iv) Such information as the commissioner may by rule
or regulation require;
(B) The above information shall be provided according to
procedures promulgated by the commissioner pursuant to this
Code section and one or more of the above requirements may, by
rule, be waived by the commissioner.
(C) The commissioner shall issue to the person who exe-
cuted the notice of intention to sell a certificate which shall state
the compliance or noncompliance with the filing requirements of
this Code section.
(D) If any sale is to be made pursuant to this exemption
more than 12 months after the date on which the commissioner
issues his certificate under this Code section, such rule shall
require the applicant to pay a renewal fee of $100.00. The
applicant shall be required to comply with this renewal require-
ment every 12 months so long as the offering shall continue in this
state. Upon any renewal, the commissioner shall issue a certificate
which shall be signed and sealed by him and which shall state the
compliance or noncompliance with the renewal requirements of
this Code section.
Section 2. This Act shall become effective November 1,1982.
1180
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
CLERKS OF SUPERIOR COURTS COMPENSATION.
Code Section 15-6-89 Amended.
No. 1380 (House Bill No. 1714).
AN ACT
To amend Code Section 15-6-89 of the Official Code of Georgia
Annotated, relating to additional remuneration for clerks of the
superior courts, so as to add provisions relative to the abolishment of
certain courts; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 15-6-89 of the Official Code of Georgia
Annotated, relating to additional remuneration for clerks of the
superior courts, is amended by striking said Code section in its
entirety and inserting in lieu thereof a new Code Section 15-6-89 to
read as follows:
15-6-89. In addition to the minimum salary provided in Code
Section 15-6-88, each clerk of the superior court of any county who
also serves as clerk of a state court, county court, city court, or civil
court under any applicable general or local law of this state shall
receive for his services in such other court a salary of not less than
$100.00 per month, to be paid from the funds of the county. In the
event any such court for which a clerk of the superior court is serving
as clerk is abolished, the clerk of the superior court shall continue to
receive the amount provided above.
GEORGIA LAWS 1982 SESSION
1181
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
GEORGIA CRIMINAL JUSTICE ACT AMENDED.
Code Section 17-12-7 Amended.
No. 1381 (House Bill No. 1729).
AN ACT
To amend an Act known as The Georgia Criminal Justice Act,
approved April 8, 1968 (Ga. L. 1968, p. 999), as amended, so as to
provide that the public defender may engage in the practice of
criminal law during his incumbency under certain conditions; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide for effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act known as The Georgia Criminal Justice Act,
approved April 8,1968 (Ga. L. 1968, p. 999), as amended, is amended
by striking subsection (b) of Section 6 in its entirety and substituting
in lieu thereof a new subsection (b) to read as follows:
(b) If an office of public defender is established for a county,
the superior court of that county shall appoint the person to serve as
public defender for a term of two years. The public defender must be
licensed to practice law in this state and must be competent to
counsel and defend a person charged with crime. During his incum-
1182
GENERAL ACTS AND RESOLUTIONS, VOL. I
bency the public defender may not engage in the practice of criminal
law other than in the discharge of the duties of his office unless he is
approved in writing to practice criminal law by the senior judge of the
superior court of his judicial circuit. The superior court, with the
concurrence of the county governing authority of the county, shall
determine whether the public defender is to be employed on a full-
time or a part-time basis and shall determine his compensation.
Part 2
Section 2. Code Section 17-12-7 of the Official Code of Georgia
Annotated, relating to the establishment and maintenance of office of
public defender generally, is amended by striking subsection (b) of
said Code section in its entirety and substituting in lieu thereof a new
subsection (b) to read as follows:
(b) If an office of public defender is established for a county,
the superior court of that county shall appoint a person to serve as
public defender for a term of two years. The public defender must be
licensed to practice law in this state and must be competent to
counsel and defend a person charged with a crime. During his
incumbency the public defender may not engage in the practice of
criminal law other than in the discharge of the duties of his office
unless he is approved in writing to practice criminal law by the senior
judge of the superior court of his judicial circuit. The superior court,
with the concurrence of the county governing authority, shall deter-
mine whether the public defender is to be employed on a full-time or a
part-time basis and shall determine his compensation.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1183
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
SPECIAL OFFICERS FOR PROTECTION OF
RAILROAD PROPERTY.
Code Section 46-8-232 Amended.
No. 1382 (House Bill No. 1755).
AN ACT
To amend Code Section 46-8-232 of the Official Code of Georgia
Annotated, relating to the appointment of special officers for the
protection of railroad property, so as to change the requirements
relative thereto; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 46-8-232 of the Official Code of Georgia
Annotated, relating to the appointment of special officers for the
protection of railroad property, is amended by redesignating subsec-
tions (c), (d), and (e) as subsections (b), (c), and (d), respectively, and
by striking subsections (a) and (b) in their entirety and substituting
in lieu thereof one new subsection (a) to read as follows:
(a) Every special officer appointed and commissioned under
this article shall be a resident of the state and of good character, and
shall have been an employee of the company making application for
six months prior to the time of application. Every such officer shall be
required to post a good and sufficient bond payable to the State of
Georgia in the sum of $1,000.00, conditioned on the faithful perfor-
mance of his duties.
1184
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
TAX EXECUTIONS NOTICE TO OWNERS
BY SHERIFFS.
Code Sections 48-3-9, 48-3-10 Amended.
No. 1383 (House Bill No. 1774).
AN ACT
To amend Chapter 3 of Title 48 of the Official Code of Georgia
Annotated, relating to tax executions, so as to provide for the sheriff
to give notice to the owner of the last duly recorded warranty deed
prior to the advertisement for sale of any real property levied upon by
the sheriff for taxes; to specify the form of such notice; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 3 of Title 48 of the Official Code of Georgia
Annotated, relating to tax executions, is amended by striking subsec-
tion (a) of Code Section 48-3-9 in its entirety and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) Whenever any real estate is levied upon by the sheriff for
taxes, it shall be the sheriffs duty before proceeding to advertise the
property for sale as provided by law to give 20 days written notice of
the levy to the record owner of the property and the owner of each
security deed and mortgage contained in the list filed with him as
provided in subsection (b) of this Code section. The period of 20 days
shall begin to run from the time the notice is personally delivered or,
GEORGIA LAWS 1982 SESSION
1185
when delivered by registered or certified mail as provided in this Code
section, from the date of its mailing. The notice shall contain a
description of the land levied upon, the name of the owner of the land,
the year or years for which the taxes were assessed, and a statement of
the amount of the taxes due, together with the accrued cost. The
notice shall be delivered to the owner either in person or by registered
or certified mail, with return receipt requested at the address given on
the list. The sheriff shall keep a copy of the notice on which he shall
enter the date the notice was delivered and how, where, and to whom
the notice was delivered. The sheriff shall file the copy with the list
provided for in this Code section.
Section 2. Said Chapter 3 is further amended by striking Code
Section 48-3-10 in its entirety and inserting in lieu thereof a new Code
Section 48-3-10 to read as follows:
48-3-10. The form of the notice required by Code Section 48-3-
9 to be given by the sheriff to the record owner of the property and the
owner of each security deed or mortgage complying with Code Section
48-3-9 shall be in substance as follows:
DELINQUENT TAXES
Sheriffs Notice to Owner of Warranty Deed,
Security Deed, or Mortgage
Notice is hereby given to_______as the owner of a certain
________, recorded in the office of the clerk of the superior court in
book________ at page ____ of the County of________, State of
Georgia, that there are now due and unpaid taxes for the year
______amounting to $_______with accrued cost of $_______for
which a tax execution has been issued and levy has been made
upon the following described land owned by____and embraced
within______and that the property will be advertised for sale
unless the taxes are paid within 20 days from the delivery of this
notice as provided by law.
(Description of land levied upon.)
Sheriff
Address
1186
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. This Act shall become effective on November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
APPELLATE PROCEDURE AFFIDAVITS OF
INDIGENCE.
Code Section 5-6-4 Amended.
No. 1384 (House Bill No. 1814).
AN ACT
To amend Article 1 of Chapter 6 of Title 5 of the Official Code of
Georgia Annotated, relating to appeals to the appellate courts in
general, so as to provide that a brief in criminal appeals may be filed if
counsel files therewith his affidavit that he was appointed by the trial
court and his client is indigent; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 6 of Title 5 of the Official Code of
Georgia Annotated, relating to appeals to the appellate courts in
general, is amended by replacing Code Section 5-6-4 with a new Code
section to read as follows:
5-6-4. The bill of costs in every case carried to the Supreme
Court or to the Court of Appeals and heard therein shall be $30.00. In
every case carried to the courts and withdrawn or dismissed on or
before the case is called for argument, the bill of costs shall be $20.00.
GEORGIA LAWS 1982 SESSION
1187
Upon filing his original brief, counsel for appellant shall: (1) pay all
costs due in the case; (2) file with his brief a statement that an
affidavit of indigence has been duly filed; or (3) file with this brief his
own affidavit that he was appointed to represent the defendant by the
trial court because of the defendants indigency. The clerk is prohib-
ited from receiving the brief of the appellant unless the costs have
been paid or a sufficient affidavit of indigence is contained in the
record or filed with the brief.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
EVIDENCE COMPETENCY OF SPOUSES TO
TESTIFY AS TO ADULTERY OF THE OTHER.
Code Sections 38-1606, 24-9-2 Amended.
No. 1385 (House Bill No. 1838).
AN ACT
To amend Code Chapter 38-16, relating to competency of wit-
nesses, so as to provide that a husband and wife shall each be
competent to testify to the adultery of the other in any civil proceed-
ing; to amend the Official Code of Georgia Annotated accordingly; to
provide effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
1188
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 1
Section 1. Code Chapter 38-16, relating to competency of
witnesses, is amended by replacing Code Section 38-1606 which reads
as follows:
38-1606. Adultery cases. Nothing contained in section 38-1603
shall apply to any action, suit, or proceeding in any court, instituted
in consequence of adultery: Provided, however, that this Section shall
not prevent a party charged with adultery from being competent to
testify as to his or her innocence of such charge; and provided further
that in any criminal case involving the crime of child abandonment
the mother and the alleged father of the child, either legitimate or
illegitimate, shall be competent witnesses in such cases to testify for
or against each other, notwithstanding the fact that such testimony
may relate to adultery by either the mother or the father which may
have resulted in the conception of the child.,
with a new Code section to read as follows:
38-1606. In any civil proceeding a husband and wife shall each be
competent to testify to the adultery of the other; and a party shall be
competent to testify to his or her innocence of adultery in such
proceeding.
Part 2
Section 2. Article 1 of Chapter 9 of Title 24 of the Official Code
of Georgia Annotated, relating to competency of witnesses, is
amended by replacing Code Section 24-9-2 which reads as follows:
24-9-2. Nothing contained in Code Section 24-9-1 shall apply to
any action, suit, or proceeding in any court instituted in consequence
of adultery; provided, however, that this Code section shall not
prevent a party charged with adultery from being competent to
testify as to his or her innocence of such charge; and provided,
further, that in any criminal case involving the crime of child aban-
donment the mother and the alleged father of the child, either
legitimate or illegitimate, shall be competent witnesses in such cases
to testify for or against each other, notwithstanding the fact that such
testimony may relate to adultery by either the mother or the father
which may have resulted in the conception of the child.,
with a new Code section to read as follows:
GEORGIA LAWS 1982 SESSION
1189
24-9-2. In any civil proceeding a husband and wife shall each be
competent to testify to the adultery of the other; and a party shall be
competent to testify to his or her innocence of adultery in such
proceeding.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
INVESTIGATIONS IN CHILD CUSTODY CASES.
Code Section 19-9-4 Amended.
No. 1386 (House Bill No. 94).
AN ACT
To amend an Act providing for investigations and reports in
certain child custody cases, approved March 25,1980 (Ga. L. 1980, p.
1149), so as to provide that the court in its discretion may order such
reports and investigations in any child custody case; to amend the
Official Code of Georgia Annotated accordingly; to provide effective
dates; to repeal conflicting laws; and for other purposes.
1190
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act providing for investigations and reports in
certain child custody cases, approved March 25,1980 (Ga. L. 1980, p.
1149), is amended by adding immediately after the first sentence of
Section 1 the following:
In any action or proceeding involving determination of the award
of child custody between parents of the child when during such
proceedings a specific recitation of actual abuse, neglect, or other
overt acts which have adversely affected the health and welfare of the
child has been made the court shall also have authority on its own
motion to order such an investigation if in the courts opinion the
investigation would be useful in determining placement or custody of
the child.,
so that when so amended said Section 1 shall read as follows:
Section 1. On motion of either party in any action or proceeding
involving determination of the award of child custody between par-
ents of the child, when such motion contains a specific recitation of
actual abuse, neglect, or other overt acts which have adversely
affected the health and welfare of the child, the court may direct the
appropriate family and children services agency or any other appro-
priate entity to investigate the home life and borne environment of
each of the parents. In any action or proceeding involving determina-
tion of the award of child custody between parents of the child when
during such proceedings a specific recitation of actual abuse, neglect,
or other overt acts which have adversely affected the health and
welfare of the child has been made the court shall also have authority
on its own motion to order such an investigation if in the courts
opinion the investigation would be useful in determining placement
or custody of the child. The court may also direct either party to pay
to such agency the reasonable cost, or any portion thereof, of such
investigation. The report of such investigation will be made to the
court directing the investigation. Provided, however, any report
made at the direction of the court shall be made available to either or
both parties for a reasonable period of time prior to the proceedings at
which any temporary or permanent custody is to be determined.
Provided, further, both parties shall have the right to confront and
cross-examine the person or persons who conducted the investigation
or compiled the report if adequate and legal notice is made.
GEORGIA LAWS 1982 SESSION
1191
Part 2
Section 2. Code Section 19-9-4, relating to investigations in child
custody cases, is amended by replacing subsection (a) with a new
subsection to read as follows:
(a) On motion of either party in any action or proceeding
involving determination of the award of child custody between par-
ents of the child, when such motion contains a specific recitation of
actual abuse, neglect, or other overt acts which have adversely
affected the health and welfare of the child, the court may direct the
appropriate family and children services agency or any other appro-
priate entity to investigate the home life and home environment of
each of the parents. In any action or proceeding involving determina-
tion of the award of child custody between parents of the child when
during such proceedings a specific recitation of actual abuse, neglect,
or other overt acts which have adversely affected the health and
welfare of the child has been made the court shall also have authority
on its own motion to order such an investigation if in the courts
opinion the investigation would be useful in determining placement
or custody of the child. The court may also direct either party to pay
to the agency the reasonable cost, or any portion thereof, of the
investigation. The report of the investigation will be made to the
court directing the investigation. Any report made at the direction of
the court shall be made available to either or both parties for a
reasonable period of time prior to the proceedings at which any
temporary or permanent custody is to be determined. Both parties
shall have the right to confront and cross-examine the person or
persons who conducted the investigation or compiled the report if
adequate and legal notice is given.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
1192
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
TEACHERS RETIREMENT SYSTEM ACT AMENDED.
Code Section 47-3-87.1 Amended.
No. 1387 (House Bill No. 291).
AN ACT
To amend an Act establishing the Teachers Retirement System,
approved March 19,1943 (Ga. L. 1943, p. 640), as amended, particu-
larly by an Act approved April 16,1979 (Ga. L. 1979,1196), so as to
provide creditable service for certain prior service as a member of a
certain local retirement fund; to provide conditions relative thereto;
to amend the Official Code of Georgia Annotated accordingly; to
provide effective dates; to provide for specific repeal; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act establishing the Teachers Retirement
System, approved March 19,1943 (Ga. L. 1943, p. 640), as amended,
particularly by an Act approved April 16,1979 (Ga. L. 1979,1196), is
amended by adding at the end of Section 4 a new subsection (7) to
read as follows:
(7) (a) As used in this subsection the terms independent
school system and local retirement fund shall have the same
meaning as defined by subparagraphs (ii) and (iii) of paragraph
(a) of subsection (8) of Section 9 of this Act.
GEORGIA LAWS 1982 SESSION
1193
(b) Any active member who was employed by an indepen-
dent school system prior to, but not later than, June 30,1979, and
who was, while so employed, a member of a local retirement fund
of such independent school system and had a vested right to
benefits thereunder and who has not withdrawn employee contri-
butions from the local retirement system shall receive creditable
service under this Act equivalent to the creditable service the
member had under said local retirement fund subject to the
following conditions:
(i) The fiscal authority or other governing body, by
whatever name designated, of the local retirement fund of the
independent school system shall pay to the Board of Trustees
the total amount of employee contributions credited to the
member under the local retirement fund plus applicable
accrued regular interest (as determined by the Board of
Trustees) which would have accumulated on such contribu-
tions. Such payment must be paid to the Board of Trustees,
in a manner prescribed by the Board, by not later than
January 1,1983, or by the date of retirement, if the member
retires prior to January 1,1983.
(ii) The member shall pay to the Board of Trustees the
amount of contributions which would have been paid by the
member to the Teachers Retirement System if the member
had been a member of the Teachers Retirement System for
the period of creditable service the member had under the
local retirement fund plus applicable accrued regular interest
(as determined by the Board of Trustees) which would have
accumulated on such contributions, but the amount other-
wise payable hereunder shall be reduced by the amount paid
to the Board of Trustees under subparagraph (i) of this
paragraph. Such payment must be made to the Board of
Trustees, in a manner prescribed by the Board, by not later
than January 1, 1983, or by the date of retirement if the
member retires prior to January 1, 1983. Creditable service
under this paragraph shall not be granted to the member until
the payment required by this subparagraph has been made to
the Board of Trustees.
(iii) The fiscal authority or other governing body, by
whatever name designated, of the local retirement fund of the
independent school system, shall pay to the Board of Trustees
1194
GENERAL ACTS AND RESOLUTIONS, VOL. I
the amount of employer contributions for such creditable
service, which would have been paid to the Teachers Retire-
ment System had the teacher been a member of the Teachers
Retirement System at the time the service was rendered, plus
applicable accrued regular interest thereon (as determined by
the Board of Trustees).
(iv) No creditable service under this paragraph may be
obtained for creditable service under a local retirement fund
unless the member has forfeited any right to receive a retire-
ment benefit under the local retirement fund.
(v) No creditable service under this paragraph may be
obtained if such creditable service would not be allowable
under other provisions of this Act.
(vi) Paragraphs (i), (j), and (k) of subsection (8) of
Section 9 of this Act shall apply to payments required by this
paragraph.
(c) Any active member who was employed by an indepen-
dent school system prior to, but not later than, June 30,1979, and
who was, while so employed, a member of a local retirement fund
of such independent school system and had no vested right to
benefits thereunder and who has withdrawn employee contribu-
tions from the local retirement fund and who had 17 years or more
of creditable service with that local retirement fund shall receive
creditable service under this Act equivalent to the creditable
service the member had under said local retirement fund upon the
payment by the member to the Board of Trustees of the amount of
contributions which would have been paid by the member to the
Teachers Retirement System if the member had been a member
of the Teachers Retirement System for the period of creditable
service the member had under the local retirement fund, plus
applicable accrued regular interest (as determined by the Board of
Trustees) which would have accumulated on such contributions.
Such payment must be paid to the Board of Trustees in a manner
prescribed by the Board by not later than January 1,1983, or by
the date of retirement if the member retires prior to January 1,
1983. Creditable service under this paragraph shall not be granted
until the payment required by this paragraph has been made to
the Board of Trustees. Subparagraphs (iv) and (v) of paragraph
(b) of this subsection shall apply to creditable service obtained
under this paragraph.
GEORGIA LAWS 1982 SESSION
1195
Part 2
Section 2. Article 5 of Chapter 3 of Title 47 of the Official Code
of Georgia Annotated, relating to creditable service under the Teach-
ers Retirement System, is amended by adding between Code Sections
47-3-87 and 47-3-88 a new Code Section 47-3-87.1 to read as follows:
47-3-87.1. (a) As used in this Code section the terms inde-
pendent school system and local retirement fund shall have the
same meaning as defined by paragraphs (1) and (2) of subsection (a)
of Code Section 47-3-66.
(b) Any active member who was employed by an independent
school system prior to, but not later than, June 30,1979, and who was,
while so employed, a member of a local retirement fund of such
independent school system and had a vested right to benefits there-
under and who has not withdrawn employee contributions from the
local retirement system shall receive creditable service under this
chapter equivalent to the creditable service the member had under
said local retirement fund subject to the following conditions:
(1) The fiscal authority or other governing body, by what-
ever name designated, of the local retirement fund of the indepen-
dent school system shall pay to the board of trustees the total
amount of employee contributions credited to the member under
the local retirement fund plus applicable accrued regular interest
(as determined by the board of trustees) which would have
accumulated on such contributions. Such payment must be paid
to the board of trustees, in a manner prescribed by the board, by
not later than January 1,1983, or by the date of retirement, if the
member retires prior to January 1,1983.
(2) The member shall pay to the board of trustees the
amount of contributions which would have been paid by the
member to the Teachers Retirement System if the member had
been a member of the Teachers Retirement System for the period
of creditable service the member had under the local retirement
fund plus applicable accrued regular interest (as determined by
the board of trustees) which would have accumulated on such
contributions, but the amount otherwise payable hereunder shall
be reduced by the amount paid to the board of trustees under
paragraph (1) of this subsection. Such payment must be made to
the board of trustees, in a manner prescribed by the board, by not
1196
GENERAL ACTS AND RESOLUTIONS, VOL. I
later than January 1, 1983, or by the date of retirement if the
member retires prior to January 1,1983. Creditable service under
this subsection shall not be granted to the member until the
payment required by this paragraph has been made to the board
of trustees.
(3) The fiscal authority or other governing body, by what-
ever name designated, of the local retirement fund of the indepen-
dent school system, shall pay to the board of trustees the amount
of employer contributions for such creditable service, which would
have been paid to the Teachers Retirement System had the
teacher been a member of the Teachers Retirement System at the
time the service was rendered, plus applicable accrued regular
interest thereon (as determined by the board of trustees).
(4) No creditable service under this subsection may be
obtained for creditable service under a local retirement fund
unless the member has forfeited any right to receive a retirement
benefit under the local retirement fund.
(5) No creditable service under this subsection may be
obtained if such creditable service would not be allowable under
other provisions of this chapter.
(6) Subsections (i), (j), and (k) of Code Section 47-3-66 shall
apply to payments required by this subsection.
(c) Any active member who was employed by an independent
school system prior to, but not later than, June 30,1979, and who was,
while so employed, a member of a local retirement fund of such
independent school system and had no vested right to benefits
thereunder and who has withdrawn employee contributions from the
local retirement fund and who had 17 years or more of creditable
service with that local retirement fund shall receive creditable service
under this chapter equivalent to the creditable service the member
had under said local retirement fund upon the payment by the
member to the board of trustees of the amount of contributions which
would have been paid by the member to the Teachers Retirement
System if the member had been a member of the Teachers Retire-
ment System for the period of creditable service the member had
under the local retirement fund, plus applicable accrued regular
interest (as determined by the board of trustees) which would have
accumulated on such contributions. Such payment must be paid to
GEORGIA LAWS 1982 SESSION
1197
the board of trustees in a manner prescribed by the board by not later
than January 1, 1983, or by the date of retirement if the member
retires prior to January 1,1983. Creditable service under this subsec-
tion shall not be granted until the payment required by this subsec-
tion has been made to the board of trustees. Paragraphs (4) and (5) of
subsection (b) of this Code section shall apply to creditable service
obtained under this subsection.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
CORPORATIONS INSTRUMENTS CONVEYING
INTEREST IN REAL PROPERTY.
Code Sections 22-5106, 14-5-7 Amended.
No. 1388 (House Bill No. 371).
AN ACT
To amend Code Section 22-5106, relating to execution of instru-
ments conveying interest in real property, so as to provide for the
execution of instruments releasing a security agreement; to amend
1198
GENERAL ACTS AND RESOLUTIONS, VOL. I
the Official Code of Georgia Annotated accordingly; to provide effec-
tive dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 22-5106, relating to execution of instru-
ments conveying interest in real property, is amended by adding at
the end thereof a new paragraph to read as follows:
Instruments executed by a corporation releasing a security agree-
ment, when signed by one officer of the corporation or by an individ-
ual designated by the officers of the corporation by proper resolution,
without the necessity of the corporations seal being attached, shall be
conclusive evidence that said officer signing is duly authorized to
execute and deliver the same.,
so that when so amended Code Section 22-5106 shall read as follows:
22-5106. Execution of Instruments Conveying Interest in Real
Property; Presumption of Authority of Executing Officers; Excep-
tions. Instruments executed by a corporation conveying an interest in
real property, with the exception of transfers of and releases from
security instruments, when signed by the president or vice president
and attested or countersigned by the secretary or assistant secretary
or cashier or assistant cashier of the corporation, with the corpora-
tions seal attached, shall be conclusive evidence that said officers
signing are duly authorized to execute and deliver the same. Any
corporation may, by proper resolution, authorize the execution of
such instruments by other officers of the corporation.
Instruments executed by a corporation releasing a security agree-
ment, when signed by one officer of the corporation or by an individ-
ual designated by the officers of the corporation by proper resolution,
without the necessity of the corporations seal being attached, shall be
conclusive evidence that said officer signing is duly authorized to
execute and deliver the same.
Part 2
Section 2. Code Section 14-5-7 of the Official Code of Georgia
Annotated, relating to instruments executed by corporations convey-
GEORGIA LAWS 1982 SESSION
1199
ing interests in real property, is amended by designating the existing
text of the Code section as subsection (a) and adding thereafter a new
subsection (b) to read as follows:
(b) Instruments executed by a corporation releasing a security
agreement, when signed by one officer of the corporation or by an
individual designated by the officers of the corporation by proper
resolution, without the necessity of the corporations seal being
attached, shall be conclusive evidence that said officer signing is duly
authorized to execute and deliver the same.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
GEORGIA INSURANCE CODE AMENDED.
Code Sections 56-1715, 56-1817, 56-1040,
33-18-25, 33-19-17, 33-11-36 Amended.
No. 1389 (House Bill No. 485).
AN ACT
To amend Code Title 56, known as the Georgia Insurance Code,
as amended, so as to clarify existing law concerning the investment
1200
GENERAL ACTS AND RESOLUTIONS, VOL. I
authority of nonprofit hospital service corporations organized under
the provisions of Code Chapter 56-17 and of medical service nonprofit
corporations organized under the provisions of Code Chapter 56-18;
to provide for clarification with respect to the authority of certain
companies writing annuities and the investment of funds allocated to
separate accounts; to amend the Official Code of Georgia Annotated
accordingly; to provide for the automatic repeal of certain portions of
this Act; to provide effective dates; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Title 56, known as the Georgia Insurance
Code, as amended, is amended by striking Code Section 56-1715,
which reads as follows:
56-1715. Investments. The funds of any corporations subject to
the provisions of this Chapter shall be invested only in securities
permitted by the laws of the State of Georgia for the investment of
assets of life insurance companies.,
in its entirety and inserting in lieu thereof a new Code Section 56-
1715 to read as follows:
56-1715. Investments. The funds of any corporations subject to
the provisions of this Chapter shall be invested only in securities
permitted by the laws of the State of Georgia for the investment of
assets of life insurance companies. Nothing contained herein shall be
deemed to prohibit such corporation from investing its funds in a
home office building or other tangible assets related to the operation
of its business or from investing its funds in a wholly owned subsidi-
ary agency corporation organized to solicit applications for insurance
policies to be issued by an insurer authorized to transact life insur-
ance in this State, subject to the same requirements, conditions,
restrictions, and limitations as are applicable to such investments by
life insurers.
GEORGIA LAWS 1982 SESSION
1201
Section 2. Said Code Title 56 is further amended by striking
Code Section 56-1817, which reads as follows:
56-1817. Investments. The funds of such corporation shall be
invested only in securities permitted by the laws of the State of
Georgia for the investment of assets of insurance companies.,
in its entirety and inserting in lieu thereof a new Code Section 56-
1817 to read as follows:
56-1817. Investments. The funds of such corporation shall be
invested only in securities permitted by the laws of this state for the
investment of assets of life insurance companies. Nothing contained
herein shall be deemed to prohibit such corporation from investing its
funds in a home office building or other tangible assets related to the
operation of its business or from investing its funds in a wholly owned
subsidiary agency corporation organized to solicit applications for
insurance policies to be issued by an insurer authorized to transact
life insurance in this state, subject to the same requirements, condi-
tions, restrictions, and limitations as are applicable to such invest-
ments by life insurers.
Section 3. Said Code Title 56 is further amended by striking
subsections (a) and (m) of Code Section 56-1040 and inserting in their
respective places new subsections (a) and (m) to read as follows:
(a) When used in this section, the term variable annuity
contract shall mean any individual or group contract issued by an
insurance company or annuity company providing for annuity bene-
fits and incidental contractual payments or values which vary in
whole or in part so as to reflect investment results of any segregated
portfolio of investments or of a designated separate account or
accounts in which amounts received or retained in connection with
any of such contracts have been placed.
(m) No company shall deliver or issue for delivery variable
contracts within this State unless (1) it is licensed or organized to do a
life insurance or annuity business in this State or is organized as a
nonprofit educational corporation in its state of domicile and issues
variable annuity contracts solely for the purpose of aiding and
strengthening nonproprietary and nonprofit-making colleges, univer-
sities, and other institutions engaged primarily in education or
research; and (2) the commissioner is satisfied that its condition or
1202
GENERAL ACTS AND RESOLUTIONS, VOL. I
method of operation in connection with the issuance of such contracts
will not render its operation hazardous to the public or its policy-
holders in this State. In this connection, the commissioner shall
consider among other things:
(1) The history and financial condition of the company;
(2) The character, responsibility and fitness of the officers
and directors of the company; and
(3) The law and regulation under which the company is
authorized in the State of domicile to issue variable contracts.
Part 2
Section 4. Title 33 of the Official Code of Georgia Annotated,
known as the Georgia Insurance Code, is amended by striking Code
Section 33-18-25 in its entirety and inserting in lieu thereof a new
Code Section 33-18-25 to read as follows:
33-18-25. The funds of any medical service corporation subject
to this chapter shall be invested only in securities in which assets of
insurance companies may be authorized under the laws of this state.
Nothing contained in this Code section shall be deemed to prohibit
such corporation from investing its funds in a home office building or
other tangible assets related to the operation of its business or from
investing its funds in a wholly owned subsidiary agency corporation
organized to solicit applications for insurance policies to be issued by
an insurer authorized to transact life insurance in this state, subject to
the same requirements, conditions, restrictions, and limitations as are
applicable to such investments by life insurers.
Section 5. Said title is further amended by striking Code Section
33-19-17 in its entirety and inserting in lieu thereof a new Code
section to read as follows:
33-19-17. The funds of any corporations subject to this chapter
shall be invested only in securities in which assets of life insurance
companies may be invested under the laws of this state. Nothing
contained in this Code section shall be deemed to prohibit such
corporation from investing its funds in a home office building or
other tangible assets related to the operation of its business or from
investing its funds in a wholly owned subsidiary agency corporation
GEORGIA LAWS 1982 SESSION
1203
organized to solicit applications for insurance policies to be issued by
an insurer authorized to transact life insurance in this state, subject to
the same requirements, conditions, restrictions, and limitations as are
applicable to such investments by life insurers.
Section 6. Said Title 33 is further amended by striking subsec-
tions (a) and (e) of Code Section 33-11-36 and inserting in their
respective places new subsections (a) and (e) to read as follows:
(a) As used in this Code section, variable life insurance policy
means any individual or group policy issued by an insurance company
or annuity company providing for life insurance and benefits inciden-
tal thereto, under which payments or values may vary in whole or in
part so as to reflect investment results of any segregated portfolio of
investments or of a designated separate account or accounts in which
amounts received or retained in connection with any of such policies
have been placed.
(e) No company shall deliver or issue for delivery variable life
insurance policies within this state unless it has a current certificate
of authority to transact life insurance in this state or is organized as a
nonprofit educational corporation in its state of domicile and issues
variable annuity contracts solely for the purpose of aiding and
strengthening nonproprietary and nonprofit-making colleges, univer-
sities, and other institutions engaged primarily in education or
research and the Commissioner is satisfied that its condition or
method of operations in connection with the issuance of such policies
will not render its operation hazardous to the public or its policy-
holders in this state. In this connection, the Commissioner shall
consider among other things:
(1) The history and financial condition of the company;
(2) The experience, character, responsibility, and fitness of
the officers and directors of the company; and
(3) The law and regulation under which the company is
authorized in the state of domicile to issue variable life insurance
policies.
1204
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 7. The General Assembly finds and declares that the
above is declaratory of the intent of existing law.
Section 8. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
CHILD SUPPORT RECOVERY ACT AMENDED.
Code Chapter 24-27A Amended.
Code Sections 19-11-19, 15-15-4.1
Amended.
No. 1390 (House Bill No. 1407).
AN ACT
To amend an Act known as the Child Support Recovery Act,
approved March 28,1973 (Ga. L. 1973, p. 192), as amended, particu-
larly by an Act approved April 7,1976 (Ga. L. 1976, p. 1537), so as to
redefine earnings so that unemployment compensation benefits are
subject to interception for the purpose of enforcing support obliga-
tions; to amend Code Chapter 24-27A, relating to child support
receivers, so as to authorize a child support receiver to initiate
GEORGIA LAWS 1982 SESSION
1205
contempt proceedings against any individual required to make child
support payments under certain circumstances; to amend the Official
Code of Georgia Annotated accordingly; to provide effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act known as the Child Support Recovery Act,
approved March 28,1973 (Ga. L. 1973, p. 192), as amended, particu-
larly by an Act approved April 7, 1976 (Ga. L. 1976, p. 1537), is
amended by striking paragraph (4) of subsection (d) of Section 15A in
its entirety and inserting in lieu thereof a new paragraph (4) to read as
follows:
(4) for purposes of this section, the term earnings shall be
construed to mean compensation paid or payable for personal ser-
vices, whether denominated as wages, salary, commission, bonus, or
otherwise, and includes periodic payments pursuant to pension or
retirement programs, or insurance policies of any type, and includes
unemployment compensation. The term disposable earnings shall
be construed to mean that part of the earnings of an individual
remaining after the deduction from those earnings of the amounts
otherwise required by law to be withheld.
Section 2. Code Chapter 24-27A, relating to child support
receivers, is amended by adding between Code Section 24-2702a and
24-2703a a new Code Section 24-2702a.l to read as follows:
24-2702a.l. Contempt. Whenever any person required to fur-
nish support to a minor by payments through a child support receiver
and whenever such payments are not made in accordance with the
judicial order or written agreement, the child support receiver shall be
authorized to bring an action for contempt against the person
required to make such payments. Any such action shall be brought
pursuant to Code Section 30-204 and shall be brought in the court
which originally ordered the payment of child support.
Part 2
Section 3. Code Section 19-11-19 of the Official Code of Georgia
Annotated, relating to garnishment and orders to withhold and
1206
GENERAL ACTS AND RESOLUTIONS, VOL. I
deliver earnings, is amended by striking paragraph (3) of subsection
(f) in its entirety and inserting in lieu thereof a new paragraph (3) to
read as follows:
(3) For purposes of this subsection, the term earnings shall be
construed to mean compensation paid or payable for personal ser-
vices, whether denominated as wages, salary, commission, bonus, or
otherwise, and includes periodic payments pursuant to pension or
retirement programs or insurance policies of any type and includes
unemployment compensation. The term disposable earnings shall
be construed to mean that part of the earnings of an individual
remaining after the deduction from those earnings of the amounts
otherwise required by law to be withheld.
Section 4. Chapter 15 of Title 15 of the Official Code of Georgia
Annotated, relating to child support receivers, is amended by adding
between Code Section 15-15-4 and Code Section 15-15-5 a new Code
Section 15-15-4.1 to read as follows:
15-15-4.1. Whenever any person required to furnish support to
a minor by payments through a child support receiver and whenever
such payments are not made in accordance with the judicial order or
written agreement, the child support receiver shall be authorized to
bring an action for contempt against the person required to make
such payments. Any such action shall be brought pursuant to Code
Section 19-6-4 and shall be brought in the court which originally
ordered the payment of child support.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1207
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
CHILD SUPPORT RECOVERY ACT AMENDED.
Code Title 19, Chapter 11 Amended.
No. 1391 (House Bill No. 1408).
AN ACT
To amend an Act known as the Child Support Recovery Act,
approved March 28,1973 (Ga. L. 1973, p. 192), as amended, particu-
larly by an Act approved April 7,1976 (Ga. L. 1976, p. 1537), so as to
provide that individuals who do not receive public assistance and
apply to the Department of Human Resources for services under this
Act will be deemed to have made an assignment to the department of
their support rights; to provide that the child support receiver shall
remit support payments to the Department of Human Resources
upon proper certification by the department; to provide that all
officials collecting support payments shall remit these payments to
the Department of Human Resources upon the departments certifi-
cation that an application for enforcement of support has been
properly filed; to amend the Official Code of Georgia Annotated
accordingly; to provide for effective dates; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act known as the Child Support Recovery Act,
approved March 28,1973 (Ga. L. 1973, p. 192), as amended, particu-
larly by an Act approved April 7, 1976 (Ga. L. 1976, p. 1537), is
amended by striking Section 5 in its entirety and inserting in lieu
thereof a new Section 5 to read as follows:
1208
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. Acceptance of Public Assistance Operates As An
Assignment, (a) By accepting public assistance for or on behalf of a
child or children, the recipient shall be deemed to have made an
assignment to the Department of the right to any child support owed
for the child. The Department shall be subrogated to the right of the
child or children or the person having custody to initiate any support
action existing under the laws of this State and to recover any
payments ordered by the courts of this or any other state. Amounts
collected by the Department shall be distributed and deposited by
the Department in conformity with law.
(b) Whenever a family for whom child support payments have
been collected and distributed under this Act ceases to receive public
assistance, the Department may continue to collect such support
payments from the absent parent in accordance with standards
prescribed pursuant to the Federal Social Security Act.
(c) The Department may accept applications for child support
enforcement services from any proper party or person notwithstand-
ing the fact that the child or children do not receive public assistance.
When made, this application to the Department shall constitute an
assignment of the right to support to the Department and the
proceeds of any collections resulting from such application shall be
distributed in accordance with the standards prescribed in the Fed-
eral Social Security Act.
Section 2. 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. Duty of Department to Obtain Support, (a) When-
ever the Department receives an application for public assistance on
behalf of a child and it shall appear that the child has been abandoned
by one or both parents, or that the responsible parent has failed to
provide support to the child, it is the Departments responsibility to
take appropriate action under this Act, the child support statutes or
other appropriate State and federal statutes to assure that the
responsible parent supports the child.
(b) The Department may accept applications for child support
enforcement services from a custodian of a minor child who is not a
recipient of public assistance and may take appropriate action under
this Act, the child support statutes or other State and federal statutes
GEORGIA LAWS 1982 SESSION
1209
to assure that the responsible parent supports said child. The
Department may provide that a reasonable application fee be charged
each individual who applies for services under this subsection.
Section 3. Said Act is further amended by striking Section 16 in
its entirety and inserting in lieu thereof a new Section 16 to read as
follows:
Section 16. Payment of Support. Payment of support pursuant
to administrative determination or voluntary agreement shall be
made to the Department. In non-AFDC cases, where the Department
deems it appropriate, it may authorize distribution of the actual
payment by other individuals, agencies, or entities and utilize certifi-
cation schedules reflecting such payments or distributions which the
Department requires, in accordance with the Federal Social Security
Act, as amended. Child support ordered by a court pursuant to a
divorce decree or in any other proceeding in which the responsible
parent is required to pay support for his child or children, whether
such proceeding is civil or criminal, shall be paid by the responsible
parent, the clerk of court, probation officer, child support receiver, or
similar official collecting support to the Department upon the
Departments certification that the child is a recipient of public
assistance or upon the Departments certification that an application
has been filed with the Department for enforcement of support in
accordance with the provisions of the Federal Social Security Act.
Part 2
Section 4. Said chapter is further amended by striking Code
Section 19-11-6 in its entirety and inserting in lieu thereof a new Code
Section 19-11-6 to read as follows:
19-11-6. (a) By accepting public assistance for or on behalf of
a child or children, the recipient shall be deemed to have made an
assignment to the department of the right to any child support owed
for the child. The department shall be subrogated to the right of the
child or children or tbe person having custody to initiate any support
action existing under the laws of this state and to recover any
payments ordered by the courts of this or any other state. Amounts
collected by the department shall be distributed and deposited by the
department in conformity with law.
1210
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Whenever a family for whom child support payments have
been collected and distributed under this article ceases to receive
public assistance, the department may continue to collect such sup-
port payments from the absent parent in accordance with standards
prescribed pursuant to the federal Social Security Act.
(c) The department may accept applications for child support
enforcement services from any proper party or person notwithstand-
ing the fact that the child or children do not receive public assistance.
When made, this application to the department shall constitute an
assignment of the right to support to the department and the pro-
ceeds of any collections resulting from such application shall be
distributed in accordance with the standards prescribed in the federal
Social Security Act.
Section 5. Said chapter is further amended by striking Code
Section 19-11-8 in its entirety and inserting in lieu thereof a new Code
Section 19-11-8 to read as follows:
19-11-8. (a) Whenever the department receives an applica-
tion for public assistance on behalf of a child and it appears that the
child has been abandoned by one or both parents or that the responsi-
ble parent has failed to provide support to the child, it is the
departments responsibility to take appropriate action under this
article, the child support statutes, or other appropriate state and
federal statutes to assure that the responsible parent supports the
child.
(b) The department may accept applications for child support
enforcement services from a custodian of a minor child who is not a
recipient of public assistance and may take appropriate action under
this article, the child support statutes, or other state and federal
statutes to assure that the responsible parent supports the child. The
department may provide that a reasonable application fee be charged
each individual who applies for services under this subsection.
Section 6. Said chapter is further amended by striking Code
Section 19-11-21 in its entirety and inserting in lieu thereof a new
Code Section 19-11-21 to read as follows:
19-11-21. Payment of support pursuant to an administrative
determination or a voluntary agreement shall be made to the depart-
ment. In non-AFDC cases, where the department deems it appropri-
GEORGIA LAWS 1982 SESSION
1211
ate, it may authorize distribution of the actual payment by other
individuals, agencies, or entities and utilize certification schedules
reflecting such payments or distributions which the department
requires, in accordance with the federal Social Security Act, as
amended. Child support which is ordered by a court pursuant to a
divorce decree or in any other proceeding in which the responsible
parent is required to pay support for his child or children, whether the
proceeding is civil or criminal, shall be paid by the responsible parent,
the clerk of court, the probation officer, the child support receiver, or
a similar official who is collecting support to the department upon the
departments certification that the child is a recipient of public
assistance or upon the departments certification that an application
has been filed with the department for enforcement of support in
accordance with the provisions of the federal Social Security Act.
Part 3
Section 7. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
1212
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA FIRE SPRINKLER ACT.
Code Title 25, Chapter 11 Enacted.
No. 1392 (House Bill No. 1491).
AN ACT
To amend Title 25 of the Official Code of Georgia Annotated,
relating to fire protection and safety, so as to regulate fire protection
sprinkler contractors; to provide a short title; to define certain terms;
to provide for duties and responsibilities of the Georgia Safety Fire
Commissioner or his delegated authority; to provide for certificates of
competency, applications therefor, and renewals thereof; to provide
for fees; to prohibit certain persons from acting as a fire protection
sprinkler contractor; to provide for rules and regulations; to provide
for local building officials; to provide for compliance with this Act; to
provide for enforcement; to provide for applicability and exceptions;
to provide effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 25 of the Official Code of Georgia Annotated,
relating to fire protection and safety, is amended by adding immedi-
ately following Chapter 10 a new chapter, to be designated Chapter
11, to read as follows:
CHAPTER 11
25-11-1. This chapter shall be known and cited as the Georgia
Fire Sprinkler Act.
25-11-2. As used in this chapter, the term:
(1) Certificate or certificate of competency means the
document issued by the Commissioner to a certificate holder
which authorizes a fire protection sprinkler contractor to engage
in the business of installation, repair, alteration, addition, mainte-
nance, or inspection of fire protection sprinkler systems or water-
spray systems.
GEORGIA LAWS 1982 SESSION
1213
(2) Certificate holder means an individual who has satis-
factorily met the requirements of Code Section 25-11-4 and who is
the owner, partner, or officer of the company or corporation or
such employee who performs or supervises the installation, repair,
alteration, addition, maintenance, or inspection of a fire protec-
tion sprinkler system or water-spray system.
(3) Commissioner means the Georgia Safety Fire Commis-
sioner.
(4) Fire protection sprinkler contractor means an individ-
ual, partnership, corporation, association, or joint venture oper-
ated for profit that supervises or performs the installation, repair,
alteration, addition, maintenance, or inspection of fire protection
sprinkler systems or water-spray systems. Such term does not
include local building officials, fire inspectors, or insurance
inspectors when acting in their official capacities.
(5) Fire protection sprinkler system means a system of
overhead piping designed in accordance with fire protection engi-
neering standards. The system is supplied from a reliable, con-
stant, and sufficient water supply such as a gravity tank, fire
pump, reservoir, or pressure tank or connection by underground
piping to a city main. The portion of the sprinkler system
aboveground is considered the fire protection sprinkler system for
purposes of this chapter as is any portion of the supply piping,
once dedicated exclusively to the use of the fire protection system,
which is a network of specially sized or hydraulically designed
piping installed in a building, structure, or area, generally over-
head, to which sprinklers are connected in a systematic pattern.
The system includes a controlling valve and a device for activating
an alarm when the system is in operation. The system is usually
activated by heat from a fire and discharges water over the fire
area. Fire protection sprinkler systems shall include the following
types: wet-pipe systems, dry-pipe systems, preaction systems,
deluge systems, combined dry-pipe and preaction systems, anti-
freeze systems, circulating systems, and closed loop systems.
(6) Water-spray system means a special fixed pipe system
connected to a reliable source of fire protection water supply and
equipped with water-spray nozzles for specific water discharge
and distribution over the surface or area to be protected. The
piping system is connected to the water supply through an auto-
1214
GENERAL ACTS AND RESOLUTIONS, VOL. I
matically or manually activated valve which initiates the flow of
water. An automatic valve is activated by operation of automatic
detection equipment, hydraulic, pneumatic, or electrically oper-
ated, normally installed in the same areas as the water-spray
nozzles. The system is supplied from a reliable, constant, and
sufficient water supply such as a gravity tank, fire pump, reser-
voir, or pressure tank or connection by underground piping to a
city main. The portion of the system aboveground is considered
the water-spray system for purposes of this chapter.
25-11-3. (a) The Commissioner is charged with the duty and
responsibility for the enforcement of this chapter.
(b) Any authority, power, or duty vested in the Commissioner by
any provision of this chapter may be exercised, discharged, or per-
formed by any deputy, assistant, or other designated employee acting
in the Commissioners name and by his delegated authority. The
Commissioner shall be responsible for the official acts of such persons
who act in his name and by his authority.
(c) The Commissioner may, in his discretion, have the compe-
tency test prepared by others.
25-11-4. (a) Any individual desiring to become a certificate
holder shall submit to the Commissioner a completed application on
forms prescribed by him. Such individual shall remit with his
application a nonrefundable certificate fee of $100.00. Such fee shall
not be prorated for portions of a year.
(b) Prior to obtaining a certificate, the applicant shall demon-
strate his competence and knowledge of fire protection sprinkler
systems or water-spray systems by:
(1) Successfully completing a competency test as prescribed
by regulation and administered by the Commissioner; or
(2) Submitting to the Commissioner prior to December 1,
1983, sworn affidavits from three professional engineers currently
registered in the State of Georgia to the effect that the applicant
has satisfactorily supervised the design and installation of at least
three fire protection sprinkler systems or water-spray systems of
200 or more sprinklers in size, such affidavits including the name,
description, and location of each of the three systems of 200 or
more heads; or
GEORGIA LAWS 1982 SESSION
1215
(3) Submitting to the Commissioner a certification from an
appropriate official of another state to the effect that the appli-
cant is currently a certificate holder under the laws of that state,
which laws are substantially similar to this chapter, and that such
state affords a similar waiver of examination privilege to Georgia
certificate holders.
(c) If the applicant has paid the required fees and has met one of
the requirements of subsection (b) of this Code section, the Commis-
sioner shall issue a certificate of competency in the name of the
applicant. Such certificate shall expire annually on December 31 of
each year and shall be nontransferable.
(d) A certificate holder desiring to renew his certificate shall
submit a renewal application to the Commissioner and remit there-
with a renewal fee of $100.00 on or before December 1 of each year. If
the state minimum fire safety standards regarding the installation or
maintenance of fire protection sprinkler systems or water-spray
systems promulgated by the Commissioner have been revised since
the date the certificate holders expiring certificate was issued, the
Commissioner may, upon 30 days notice, require the certificate
holder to again meet one of the requirements of subsection (b) of this
Code section prior to the renewal of his certificate.
25-11-5. (a) No person shall act as a fire protection sprinkler
contractor unless a certificate holder is employed to supervise or
perform the installation, repair, alteration, addition, maintenance, or
inspection of fire protection sprinkler systems or water-spray sys-
tems.
(b) No fire protection sprinkler contractor shall permit any
person under his employ or control to install, repair, alter, maintain,
or inspect any fire protection sprinkler system or water-spray system
unless such person is a certificate holder or is under the direct
supervision of a certificate holder employed by the contractor.
25-11-6. The Commissioner may promulgate such rules and
regulations as he deems necessary to effectuate the provisions of this
chapter. The Commissioner may also prescribe the forms required
for the administration of this chapter.
25-11-7. (a) Before any local building official shall issue any
license or building permit which authorizes the construction of any
1216
GENERAL ACTS AND RESOLUTIONS, VOL. I
building or structure containing a fire protection sprinkler system or
water-spray system, such local official shall require a copy of a valid
certificate of competency from the fire protection sprinkler contrac-
tor. The fire protection sprinkler contractor shall be required to pay
any fees normally imposed for local licenses or permits, but the local
official shall impose no other requirements on the fire protection
sprinkler contractor to prove competency other than proper evidence
of a valid certificate of competency.
(b) Nothing in this chapter limits the power of a municipality,
county, or the state to require the submission and approval of plans
and specifications or to regulate the quality and character of work
performed by contractors through a system of permits, fees, and
inspections otherwise authorized by law for the protection of the
public health and safety.
25-11-8. This chapter shall also apply to any fire protection
sprinkler contractor performing work for the state or any municipal-
ity, county, or other political subdivision. Officials of the state or any
municipality, county, or other political subdivision are required to
determine compliance with this chapter before awarding any con-
tracts for the installation, repair, alteration, addition, maintenance,
or inspection of a fire protection sprinkler system or water-spray
system. Bids tendered for such contracts shall be accompanied by a
copy of a valid certificate of competency.
25-11-9. (a) All fees collected pursuant to the provisions of this
chapter shall be deposited with the Fiscal Division of the Department
of Administrative Services.
(b) The Commissioner shall be authorized to receive grants for
the administration of this chapter from parties interested in upgrad-
ing and improving the quality of fire protection sprinkler systems or
water-spray systems.
25-11-10. (a) Whenever in the judgment of the Commissioner
any person has engaged in, is currently engaged in, or is about to
engage in any act or practice which constitutes or will constitute a
violation of this chapter, he may make application to the superior
court of the county in which the act or practice has been or is about to
be engaged in for an order enjoining such act or practice or for an
order requiring compliance with this chapter. Upon a showing that
such person has engaged in or is about to engage in any such act or
GEORGIA LAWS 1982 SESSION
1217
practice in violation of this chapter, a permanent or temporary
injunction, restraining order, or other relief shall be granted without
the necessity of showing the lack of an adequate remedy at law.
(b) The certificate of competency of any person failing to comply
with an order issued pursuant to subsection (a) of this Code section
shall be revoked upon the date specified in said order.
25-11-11. The provisions of this chapter shall not apply to
limited automatic sprinkler protection systems, life safety systems,
supplied from a domestic water supply for use in single-family or low-
rise, three stories or less, multifamily dwellings.
Section 2. Code Section 25-11-6 of Section 1 of this Act shall
become effective on November 1, 1982. All other provisions of this
Act shall become effective on January 1,1983.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
GEORGIA INSURANCE CODE AMENDED.
Code Sections 56-1022.1, 33-11-25.1
Enacted.
No. 1393 (House Bill No. 1513).
AN ACT
To amend Code Title 56, known as the Georgia Insurance Code,
as amended, so as to provide that an insurer other than an insurer
authorized to transact mortgage guaranty insurance in this state may
invest in certain securities which are fully guaranteed or insured by a
governmental agency or an insurer authorized to transact mortgage
guaranty insurance; to provide that the Commissioner may, in his
1218
GENERAL ACTS AND RESOLUTIONS, VOL. I
discretion, grant, deny, or revoke the authority of an insurer to invest
in or to continue its investment in such securities if he shall determine
that such continued investments would be hazardous to such
insurers policyholders or to the public; to provide that the Commis-
sioner shall give any such company a reasonable period of time to
dispose of such nonconforming investments; to provide that the
Commissioner may, in his discretion, grant extensions of time or
exceptions relative to the disposition of such investments; to provide
for other matters relative to the foregoing; to amend the Official Code
of Georgia Annotated accordingly; to provide for effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Title 56, known as the Georgia Insurance
Code, as amended, is amended by adding a new Code Section 56-
1022.1, immediately following Code Section 56-1022, to read as
follows:
56-1022.1. Additional Investment Authority of Insurers, (a) In
addition to the investment authority granted to insurers under Code
Sections 56-1016, 56-1022, and other applicable provisions of this
title, an insurer authorized to transact insurance in this state, other
than an insurer authorized to transact mortgage guaranty insurance,
may invest in, purchase, or hold a mortgage or a mortgage partici-
pation, pass-through, conventional pass-through, trust certificate, or
other similar security which represents an undivided, beneficial
interest in a pool of loans secured by first mortgages, deeds of trust, or
deeds to secure debt upon fee simple, unencumbered, improved, or
income-producing real property located in the United States or
Canada, which is improved with a residential building or a condomin-
ium unit or buildings designed for occupancy by not more than four
families, including leasehold estates in such real estate if such first
mortgages, deeds of trust, or deeds to secure debt are fully guaranteed
or insured by the Federal Housing Administration, the Veterans
Administration, the Farmers Home Administration, the Federal
Home Loan Mortgage Corporation, the Government National Mort-
gage Association, the Federal National Mortgage Association, or any
other similar governmental entity or instrumentality or by an insurer
authorized to transact mortgage guaranty insurance in this state in
accordance with such rules and regulations as may be promulgated by
the Commissioner after due notice and hearing.
GEORGIA LAWS 1982 SESSION
1219
(b) Notwithstanding any provisions of this title which might be
construed to the contrary, the Commissioner may, in his discretion,
grant, deny, or revoke the authority of any authorized insurer to
invest in or to continue to hold its investment in such securities if,
after due notice and hearing, he shall determine that such continued
investments would be hazardous to such insurers policyholders or to
the public. In such event, the Commissioner shall give such company
a reasonable period of time, not to exceed three years, to dispose of
such investments as otherwise provided for in this title, subject to
such extensions of time or exceptions as the Commissioner, in his
discretion, may grant.
Part 2
Section 2. Chapter 11 of Title 33 of the Official Code of Georgia
Annotated, relating to investments, is amended by adding a new Code
Section 33-11-25.1, immediately following Code Section 33-11-25, to
read as follows:
33-11-25.1. (a) In addition to the investment authority
granted to insurers under Code Sections 33-11-20,33-11-21, and other
applicable provisions of this title, an insurer authorized to transact
insurance in this state, other than an insurer authorized to transact
mortgage guaranty insurance, may invest in, purchase, or hold a
mortgage or a mortgage participation, pass-through, conventional
pass-through, trust certificate, or other similar security which repre-
sents an undivided, beneficial interest in a pool of loans secured by
first mortgages, deeds of trust, or deeds to secure debt upon fee
simple, unencumbered, improved, or income-producing real property
located in the United States or Canada, which is improved with a
residential building or a condominium unit or buildings designed for
occupancy by not more than four families, including leasehold estates
in such real estate if such first mortgages, deeds of trust, or deeds to
secure debt are fully guaranteed or insured by the Federal Housing
Administration, the Veterans Administration, the Farmers Home
Administration, the Federal Home Loan Mortgage Corporation, the
Government National Mortgage Association, the Federal National
Mortgage Association, or any other similar governmental entity or
instrumentality or by an insurer authorized to transact mortgage
guaranty insurance in this state in accordance with such rules and
regulations as may be promulgated by the Commissioner after due
notice and hearing.
1220
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Notwithstanding any provisions of this title which might be
construed to the contrary, the Commissioner may, in his discretion,
grant, deny, or revoke the authority of any authorized insurer to
invest in or to continue to hold its investment in such securities if,
after due notice and hearing, he shall determine that such continued
investments would be hazardous to such insurers policyholders or to
the public. In such event, the Commissioner shall give such company
a reasonable period of time, not to exceed three years, to dispose of
such investments as otherwise provided for in this title, subject to
such extensions of time or exceptions as the Commissioner, in his
discretion, may grant.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approved.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
GEORGIA LAWS 1982 SESSION
1221
GUARDIAN AND WARD PHYSICIANS
AFFIDAVITS AND EVALUATIONS.
Code Sections 49-606, 29-5-6 Amended.
No. 1394 (House Bill No. 1547).
AN ACT
To amend Code Section 49-606, relating to the procedure for
appointing a guardian, as amended, so as to authorize certain physi-
cians in federal medical facilities to execute certain affidavits and
perform certain evaluations; to amend the Official Code of Georgia
Annotated accordingly; to provide for effective dates and automatic
repeal; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Section 49-606, relating to the procedure for
appointing a guardian, as amended, is amended by striking paragraph
(3) of subsection (a) and inserting in its place a new paragraph (3) to
read as follows:
(3) In all cases except those sworn to by two or more petitioners
under oath and except those of detention by a foreign power or
disappearance, the petition shall be supported by an affidavit of a
physician licensed to practice under Section 84-907 or of an applied
psychologist licensed to practice under Chapter 84-31 or, if the
proposed ward is a patient in any federal medical facility in which
neither such physician nor such applied psychologist is available, a
physician authorized to practice medicine in that federal facility
stating that he has examined the proposed ward within ten days prior
to the filing of the petition and that based on such examination the
proposed ward was determined:
(A) To be incapacitated by reason of mental illness, mental
retardation, mental disability, advanced age, physical illness or
disability, chronic use of drugs or alcohol, or other cause to the
extent that such person lacked sufficient understanding or capac-
ity to make significant responsible decisions or the ability to
communicate such decisions concerning his person; or
1222
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) To be incapacitated by reason of mental illness, mental
retardation, mental disability, advanced age, physical illness or
disability, chronic use of drugs or alcohol, or other cause to the
extent that such person is incapable of managing his estate; or
(C) Both (A) and (B) above.,
and by striking paragraph (1) of subsection (c) thereof and inserting
in its place a new paragraph (1) to read as follows:
(1) The court shall, if the petition is not dismissed under
paragraph (b)(3) of this section, appoint an evaluation physician or
psychologist who shall be a physician licensed to practice under
Section 84-907 or an applied psychologist licensed to practice under
Chapter 84-31 or, if the proposed ward is a patient in any federal
medical facility in which neither such physician nor such applied
psychologist is available, a physician authorized to practice medicine
in that federal facility, other than the physician or psychologist who
completed an affidavit attached to the petition pursuant to Section
49-606(a)(3).
Part 2
Section 2. Code Section 29-5-6 of the Official Code of Georgia
Annotated, relating to the procedure for appointing a guardian, is
amended by striking paragraph (3) of subsection (a) and inserting in
its place a new paragraph (3) to read as follows:
(3) In all cases, except those sworn to by two or more petition-
ers under oath and except those involving detention by a foreign
power or disappearance, the petition shall be supported by an affida-
vit of a physician licensed to practice medicine under Chapter 34 of
Title 43 or of an applied psychologist licensed to practice under
Chapter 39 of Title 43 or, if the proposed ward is a patient in any
federal medical facility in which neither such physician nor sucb
applied psychologist is available, a physician authorized to practice
medicine in that federal facility stating that he has examined the
proposed ward within ten days prior to the filing of the petition and
that based on the examination the proposed ward was determined:
(A) To be incapacitated by reason of mental illness, mental
retardation, mental disability, advanced age, physical illness or
disability, chronic use of drugs or alcohol, or other cause, to the
GEORGIA LAWS 1982 SESSION
1223
extent that the person lacked sufficient understanding or capacity
to make significant responsible decisions or the ability to commu-
nicate such decisions concerning his person; or
(B) To be incapacitated by reason of mental illness, mental
retardation, mental disability, advanced age, physical illness or
disability, chronic use of drugs or alcohol, or other cause, to the
extent that the person is incapable of managing his estate; or
(C) To be incapacitated as indicated in both subparagraph
(A) and subparagraph (B) of this paragraph.,
and by striking paragraph (1) of subsection (c) thereof and inserting
in its place a new paragraph (1) to read as follows:
(1) The court shall, if the petition is not dismissed under
paragraph (3) of subsection (b) of this Code section, appoint an
evaluation physician or psychologist who shall be a physician licensed
to practice medicine under Chapter 34 of Title 43 or an applied
psychologist licensed to practice under Chapter 39 of Title 43 or, if
the proposed ward is a patient in any federal medical facility in which
neither such physician nor such applied psychologist is available, a
physician authorized to practice medicine in that federal facility,
other than the physician or psychologist who completed an affidavit
attached to the petition pursuant to paragraph (3) of subsection (a) of
this Code section.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
1224
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
CRIMINAL PROCEDURE FORFEITURE OF
APPEARANCE BONDS, ETC.
Code Title 17, Chapters 6 and 7 Amended.
No. 1395 (House Bill No. 1636).
AN ACT
To amend Title 17 of the Official Code of Georgia Annotated,
relating to criminal procedure, so as to provide new and different
procedures for the forfeiture of appearance bonds; to provide for all
related matters; to require the addresses of principals and sureties to
appear on bonds; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 17 of the Official Code of Georgia Annotated,
relating to criminal procedure, is amended by striking Code Section
17-6-31 which reads as follows:
17-6-31. A surety on a bond may surrender his principal in open
court or, when the court is not in session, to the sheriff in order to be
released from liability. A surety on a bond may surrender his princi-
pal at any time prior to the end of the last day of the term within
which the principal was bound to appear or scire facias was issued
without incurring liability for costs for a forfeiture of the bond. After
forfeiture, but before final judgment on the scire facias, a surety on a
bond may surrender his principal upon payment of all costs accruing
up to that time. The death of the principal at any time before final
judgment shall be equivalent to a surrender; and the court shall, after
GEORGIA LAWS 1982 SESSION
1225
final judgment, relieve the sureties of the penalty of the bond upon
surrender of the principal and payment of the costs.,
and inserting in its place a new Code section to read as follows:
17-6-31. A surety on a bond may surrender his principal in open
court or, when the court is not in session, to the sheriff in order to be
released from liability. If the principal does not appear by the end of
the day on which the principal was bound to appear, forfeiture
proceedings shall be initiated. The death of the principal shall be
equivalent to a surrender.
Section 2. Said title is further amended by striking Article 3 of
Chapter 6 which reads as follows:
ARTICLE 3
17-6-70. Upon the failure of any principal in any bond or recog-
nizance given by a person charged with a penal offense to appear, or of
a prosecutor to prosecute, or of a witness to appear and testify, the
prosecuting attorney shall proceed to forfeit such bond or recogni-
zance.
17-6-71. The clerk of the court shall issue a scire facias on all
forfeited bonds and recognizances returnable to the next term of the
court, or to the term following the next term of the court if so ordered
by the presiding judge of the court, against the principal and his
sureties, which shall be served by the sheriff or his deputies at least 20
days before the return date thereof. If the principal or sureties reside
outside the county, the sheriff or his deputies in the county wherein
the bond was forfeited shall have the authority to serve the principal
and sureties in any county in this state. If the principal or sureties
reside outside the state, scire facias may be served as in the case of
scire facias to revive judgment. If at the return term no sufficient
cause is shown to the contrary, judgment, on motion, shall be entered
against the principal and sureties or such of them as have been served.
17-6-72. (a) No judgment shall be rendered decreeing the for-
feiture of any appearance bond if it is shown to the satisfaction of the
court by the sworn statement of a reputable physician that the
principal in the bond was prevented from attending by some physical
disability.
1226
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) No judgment shall be rendered decreeing the forfeiture of
any appearance bond if it is shown to the satisfaction of the court that
the principal in the bond was prevented from attending because he
was detained in a penal institution in another jurisdiction. A sworn
affidavit of the warden or other responsible officer of the penal
institution in which the principal has been detained shall be consid-
ered adequate proof of the principals detention.
(c) Within 60 days of forfeiture, if adequate proof is furnished
that the principal failed to appear on the date of forfeiture for the
reasons set forth in this Code section, the forfeiture shall be set
aside.,
and inserting in its place a new article to read as follows:
ARTICLE 3
17-6-70. A bond forfeiture proceeding shall be commenced imme-
diately upon the failure of appearance of a principal of any bond or
recognizance given for the appearance of that person.
17-6-71. (a) The judge shall upon the failure to appear set a
bond forfeiture hearing for a date at least 90 days after the failure to
appear or as soon thereafter as the case may be heard. Notice of the
hearing shall be mailed by certified mail by the clerk of court to the
principal and to each surety at the addresses given on the bond.
(b) If at the hearing it is determined that the bond should be
forfeited, the judge shall so order and an execution on the order shall
immediately be issued.
17-6-72. (a) No judgment shall be rendered decreeing the for-
feiture of any appearance bond if it is shown to the satisfaction of the
court by the sworn statement of a reputable physician that the
principal in the bond was prevented from attending by some physical
disability.
(b) No judgment shall be rendered decreeing the forfeiture of
any appearance bond if it is shown to the satisfaction of the court that
the principal in the bond was prevented from attending because he
was detained in a penal institution in another jurisdiction. A sworn
affidavit of the warden or other responsible officer of the penal
institution in which the principal has been detained shall be consid-
ered adequate proof of the principals detention.
GEORGIA LAWS 1982 SESSION
1227
17-6-73. Every bond or recognizance given to secure the appear-
ance of any person in any criminal proceeding shall have entered
thereon the mailing address of the principal and each surety.
Section 3. Said title is further amended by striking subsection
(a) of Code Section 17-7-91 and inserting in its place a new subsection
(a) to read as follows:
(a) In all criminal cases the court shall fix a date on which the
defendant shall be arraigned. The clerk of the court, at least three
days prior to the date set therefor, shall mail to the accused and his
attorney of record, if known, notice of the date which has been fixed
for arraignment. For such first service of notice, the clerk shall receive
the fee prescribed in Code Section 15-6-77. This notice may be served
by the sheriff of the county in which the court is situated or his lawful
deputies. If the defendant has posted a bond or recognizance, a copy
of the notice shall be mailed to each surety on the bond.
Section 4. This Act shall become effective January 1,1983.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
FACADE EASEMENT DEFINED.
Code Section 44-10-2 Amended.
No. 1396 (House Bill No. 1638).
AN ACT
To amend Code Section 44-10-2 of the Official Code of Georgia
Annotated, relating to definitions relating to facade and conservation
easements, so as to change the definition of facade easement to
include easements granted on certain designated property; to provide
an effective date; to repeal conflicting laws; and for other purposes.
1228
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 44-10-2 of the Official Code of Georgia
Annotated, relating to definitions relating to facade and conservation
easements, is amended by striking paragraph (3) of said Code section
in its entirety and inserting in lieu thereof a new paragraph (3) to read
as follows:
(3) Facade easement means any restriction or limitation on
the use of real property which is expressly recited in any deed or other
instrument of grant or conveyance executed by or on behalf of the
owner of real property and whose purpose is to preserve historically or
architecturally significant structures or sites located within an offi-
cially designated historic district pursuant to any local political
subdivisions authority to provide for such districts and to provide for
special zoning restrictions therein or historically or architecturally
significant structures or sites which have been designated as such by
the State Historic Preservation Officer.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
LANDLORD AND TENANT DISPOSSESSORY
PROCEEDINGS.
Code Sections 44-7-50, 44-7-51 Amended.
No. 1397 (House Bill No. 1730).
AN ACT
To amend Chapter 7 of Title 44 of the Official Code of Georgia
Annotated, relating to landlords and tenants, so as to change the
GEORGIA LAWS 1982 SESSION
1229
justices of the peace before which certain dispossessory affidavits may
be made; to provide that the defendant may be served by posting a
copy of the summons and affidavit on the door of the premises and, on
the same day of such posting, by enclosing, directing, stamping, and
mailing by first class mail a copy of the summons and the affidavit to
the defendant at his last known address; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 7 of Title 44 of the Official Code of Georgia
Annotated, relating to landlords and tenants, is amended by striking
Code Section 44-7-50 in its entirety and inserting in lieu thereof a new
Code Section 44-7-50 to read as follows:
44-7-50. In all cases where a tenant holds possession of lands
or tenements over and beyond the term for which they were rented
or leased to him or fails to pay the rent when it becomes due and in
all cases where lands or tenements are held and occupied by any
tenant at will or sufferance, whether under contract of rent or not,
when the owner of the lands or tenements desires possession of the
lands or tenements, the owner may, by himself, his agent, his
attorney in fact, or his attorney at law, demand the possession of
the property so rented, leased, held, or occupied. If the tenant
refuses or fails to deliver possession when so demanded, the
owner, his agent, his attorney at law, or his attorney in fact may go
before the judge of the superior court, the judge of the state court,
any other court with jurisdiction over the subject matter, or a
justice of the peace in the district where the land lies and make an
affidavit under oath to the facts.
Section 2. Said chapter is further amended by striking subsec-
tion (a) of Code Section 44-7-51 in its entirety and substituting in lieu
thereof a new subsection (a) to read as follows:
(a) When the affidavit provided for in Code Section 44-7-50 is
made, the judge of the superior court or such other court with
jurisdiction over the subject matter, including the judge of any state
court where the action arises or any justice of the peace before whom
it was made, shall grant and issue a summons to the sheriff or his
deputy or to any lawful constable of the county where the land is
located. A copy of the summons and a copy of the affidavit shall be
personally served upon the defendant. If the sheriff is unable to serve
1230
GENERAL ACTS AND RESOLUTIONS, VOL. I
the defendant personally, service may be had by delivering the
summons and the affidavit to any person who is sui juris residing on
the premises or, if after reasonable effort no such person is found
residing on the premises, by posting a copy of the summons and the
affidavit on the door of the premises and, on the same day of such
posting, by enclosing, directing, stamping, and mailing by first class
mail a copy of the summons and the affidavit to the defendant at his
last known address, if any, and making an entry of this action on the
affidavit filed in the case.
Section 3. This Act shall become effective on November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
JURY COMMISSIONERS COMPENSATION.
Code Sections 59-105, 15-12-24 Amended.
No. 1398 (House Bill No. 1776).
AN ACT
To amend Code Section 59-105, relating to the compensation of
jury commissioners, so as to change the provisions relative to such
compensation; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to provide for specific repeal;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Section 59-105, relating to the compensation of
jury commissioners, is amended by striking said Code Section in its
GEORGIA LAWS 1982 SESSION
1231
entirety and substituting in lieu thereof a new Code Section 59-105 to
read as follows:
59-105. Same, compensation of commissioners and clerk for
revising jury lists. Jury commissioners shall receive $25 each day for
every days service in revising the jury lists, to be paid from the county
treasury. The clerk of the board shall receive $25 for each days
service, to be paid in like manner. The governing authorities of the
respective counties shall have the right to increase the compensation
provided for above for said commissioners and clerk in an amount not
exceeding $10 for each days service.
Part 2
Section 2. Code Section 15-12-24 of the Official Code of Georgia
Annotated, relating to compensation of jury commissioners, is
amended by striking said Code section in its entirety and substituting
in lieu thereof a new Code Section 15-12-24 to read as follows:
15-12-24. Jury commissioners shall receive $25.00 for each
days service in revising the jury lists, to be paid from the county
treasury. The clerk of the board shall receive $25.00 for each days
service, to be paid in like manner. The governing authorities of the
respective counties shall have the right to increase the compensation
provided for above for the commissioners and clerk in an amount not
exceeding $10.00 for each days service.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
1232
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
AGRICULTURE IRRIGATION SYSTEMS,
ANTI-SYPHON DEVICES.
Code Section 2-1-4 Amended.
No. 1399 (House Bill No. 1780).
AN ACT
To amend an Act requiring the use of certain equipment on
irrigation systems in this state, approved April 9,1981 (Ga. L. 1981, p.
1256), so as to change the type of equipment required to be used; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act requiring the use of certain equipment on
irrigation systems in this state, approved April 9,1981 (Ga. L. 1981, p.
1256), is amended by replacing Sections 1 and 3 with new sections to
read as follows:
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 low pressure drain in the irrigation supply line
located between the irrigation pump and the point of injection of
fertilizer, pesticide, or chemicals. Any system which complied with
the law in effect on January 1, 1982, shall be deemed to be in
compliance with the provisions of this section.
GEORGIA LAWS 1982 SESSION
1233
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 and the placement of such devices necessary to
provide adequate protection.
Part 2
Section 2. Chapter 1 of Title 2 of the Official Code of Georgia
Annotated, relating to agriculture in general, is amended by replacing
subsections (a) and (c) of Code Section 2-1-4 with new subsections to
read as follows:
(a) 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 low pressure drain in the irrigation supply line
located between the irrigation pump and the point of injection of
fertilizer, pesticide, or chemicals. Any system which complied with
the law in effect on January 1, 1982, shall be deemed to be in
compliance with the provisions of this subsection.
(c) The Commissioner shall make and publish such rules and
regulations as he deems necessary to carry out this Code section,
which rules and regulations are not inconsistent with this Code
section. Such rules and regulations may specify requirements to be
met by anti-syphon devices and the placement of such devices to
provide adequate protection.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
1234
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
INSURANCE MOTOR VEHICLE INSURANCE.
Code Title 33, Chapter 34 Amended.
No. 1401 (Senate Bill No. 207).
AN ACT
To amend Chapter 34 of Title 33 of the Official Code of Georgia
Annotated, relating to motor vehicle accident insurance, so as to
change the provisions relative to optional coverages; to change the
provisions relative to the form of applications for motor vehicle
accident insurance; to change the provisions relative to proof of
insurance; to provide for suspensions of operators licenses and
license tags for certain violations; to provide additional penalties; to
require proof of insurance to be kept in motor vehicles while in
operation; to require law enforcement officers to check for proof of
insurance; to provide for other matters relative to the foregoing; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 34 of Title 33 of the Official Code of Georgia
Annotated, relating to motor vehicle accident insurance, is amended
by striking in its entirety Code Section 33-34-5, relating to optional
coverages, and inserting in lieu thereof a new Code Section 33-34-5 to
read as follows:
33-34-5. (a) Each insurer shall also make available on an
optional basis the following coverage:
GEORGIA LAWS 1982 SESSION
1235
(1) An aggregate limit of benefits payable without regard to
fault up to $50,000.00 per person. Benefits purchased in excess of
$5,000.00 shall be paid as determined by the insured without
apportionment to cover any of the following expenses incurred by
the insured but not compensated for under paragraph (2) of
subsection (a) of Code Section 33-34-4:
(A) Any expenses of the type described in subpara-
graph (a)(2)(A) of Code Section 33-34-4;
(B) Eighty-five percent of the loss of income or
earnings during disability;
(C) Expenses of the type described in subparagraph
(a)(2)(C) of Code Section 33-34-4, not to exceed $20.00 per
day; and
(D) Funeral services and burial expenses not to exceed
$2,000.00 per person;
(2) In the event of the death of the injured person who is
survived by a spouse or dependent child or children, compensation
under subparagraphs (a)(2)(B) and (a)(2)(C) of Code Section 33-
34-4 shall be payable after the death as though the deceased were
alive but totally disabled, the payment to be made to the spouse, if
alive, and otherwise to the child or children or the person having
legal custody of any child or children for use of the spouse or
children as though awarded as a years support for the spouse or
children, or both. Survivors benefits shall be payable at least
monthly until exhausted;
(3) Compensation without regard to fault for damage to the
insured motor vehicle not to exceed the actual cash value of the
vehicle at the time of the loss, including up to $10.00 per day with
a maximum of $300.00 for the loss of use of the motor vehicle,
provided that benefits payable under this paragraph may be
subject to deductibles at the request of the policyholder.
(b) Each initial application for a new policy of motor vehicle
liability insurance sold in this state after November 1, 1982, shall
contain a statement in bold-faced type signed by the applicant
indicating that the optional coverages listed in subsection (a) of this
Code section have been explained to the applicant.
1236
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) All named insureds in motor vehicle liability policies in effect
on November 1, 1982, shall be deemed to have signed the statement
required by subsection (b) of this Code section.
(d) The provisions of subsection (b) of this Code section requir-
ing explanation of the optional coverages shall not apply upon the
renewal, replacement, reinstatement, transfer, or substitute of any
policy or the addition or substitution of a motor vehicle covered by
such policy.
Section 2. Said chapter is further amended by striking Code
Section 33-34-10 in its entirety and inserting in lieu thereof a new
Code Section 33-34-10 to read as follows:
33-34-10. (a) (1) From and after July 1, 1977, no motor
vehicle shall be licensed by this state until the owner has furnished
proof in the form provided in this subsection to the licensing
authorities that there is in effect the minimum insurance coverage
required by this chapter or that there is in effect an approved self-
insurance plan and that such coverage was initially issued for a
period to exceed 60 days. This time period shall apply only to
private passenger vehicles. The commissioner of public safety
shall prescribe by rules and regulations the necessary information
which shall be required to be furnished in order to satisfy this
subsection; however, such information as pertains to the mini-
mum insurance coverage shall contain the certification of the
applicant that minimum insurance is in force and the premium
has been paid in full or the premium is being paid on an install-
ment basis. The insurer, within five days after the effective date
of a permitted cancellation of such coverage, shall notify the
Department of Public Safety in writing of the cancellation.
(2) (A) Any person knowingly making a false certification
under this Code section shall be guilty of a misdemeanor and,
upon conviction thereof, shall be subject to a fine of not more
than $1,000.00 or imprisonment for not more than 90 days. In
addition to such punishment, the persons operators license
and license tag shall be suspended for a period of 30 days.
Such person shall be required to submit such operators
license, license tag, and tag registration to the court upon
conviction. The court shall forward all licenses, license tags,
and tag registrations to the Department of Public Safety.
Upon satisfactory proof of minimum insurance coverage as
GEORGIA LAWS 1982 SESSION
1237
required by this chapter, the commissioner shall forthwith
return the license tag and tag registration to the owner of the
vehicle. Upon satisfactory proof of compliance with the
provisions of this chapter and after the 30 day suspension has
ended, proof of minimum insurance coverage has been filed,
and the payment of a $25.00 restoration fee has been made to
the department, the commissioner shall return the operators
license suspended under the provisions of this Code section to
the operator of the motor vehicle.
(B) For a second or subsequent conviction under this
subsection within a five-year period, in addition to the fine or
imprisonment provided in subparagraph (A) of this para-
graph, the persons operators license and license tag shall be
suspended for a period of 90 days. The procedures provided
in subparagraph (A) of this paragraph for the submission and
forwarding of licenses, license tags, and tag registrations shall
apply to suspensions under this subparagraph. Upon satisfac-
tory proof of minimum insurance coverage as required by this
chapter, the commissioner shall forthwith return the license
tag and tag registration to the owner of the vehicle. Upon
satisfactory proof of compliance with the provisions of this
chapter and after the 90 day suspension period has ended,
proof of minimum insurance coverage has been filed, proof
has been filed of motor vehicle liability insurance equivalent
to that required as evidence of security for bodily injury and
property damage liability under the motor vehicle safety
responsibility laws of this state, and the payment of a $25.00
restoration fee has been made to the department, the com-
missioner shall return the operators license suspended under
the provisions of this subsection to the operator of the motor
vehicle.
(3) Any person refusing to deliver his motor vehicle opera-
tors license, motor vehicle license tag, and tag registration to the
court after a conviction of knowingly making a false certification
under this subsection shall be held in contempt of court until such
license, license tag, and tag registration are delivered.
(4) (A) For the purposes of the mandatory suspension of
licenses and license tags provided in subparagraph (A) of
paragraph (2) of this subsection, a forfeiture of bail or collat-
eral used to seek a defendants appearance in court, the
1238
GENERAL ACTS AND RESOLUTIONS, VOL. I
payment of a fine, a plea of guilty, or a finding of guilty on a
violation under this subsection shall be considered a convic-
tion regardless of whether the sentence is suspended, pro-
bated, or rebated.
(B) For the purposes of the mandatory suspension of
licenses and license tags provided in subparagraph (B) of
paragraph (2) of this subsection, a forfeiture of bail or collat-
eral used to seek a defendants appearance in court, the
payment of a fine, a plea of guilty, a plea of nolo contendere,
or a finding of quilty on a violation under this subsection shall
be considered a conviction regardless of whether the sentence
is suspended, probated, or revoked.
(b) In cases in which the minimum insurance required by this
chapter is canceled by the insurer, upon receipt of notification of such
cancellation, the Department of Public Safety shall send a notice to
the owner of the motor vehicle that the Department of Public Safety
has been informed of the fact of the cancellation. Upon receipt of the
notice from the Department of Public Safety, it shall be the duty of
the owner of such motor vehicle, on such form provided by the
Department of Public Safety, to notify the Department of Public
Safety as to whether he has obtained the minimum coverage required
by this chapter, indicating the insurance company with which any
coverage has been obtained and the policy number or binder number
and the certificate required by the Department of Public Safety. The
information shall be furnished to the Department of Public Safety
within 15 days of the date on which the notification was mailed by the
Department of Public Safety. Such forms shall contain such addi-
tional information as may be required by the Department of Public
Safety. If that information is not received by the Department of
Public Safety within the specified time period or if no minimum
insurance coverage has been obtained, the Department of Public
Safety shall suspend the motor vehicle operators license of the owner
and the motor vehicle license tag issued to such motor vehicle and the
Department of Public Safety shall require the owner of the motor
vehicle to forward his motor vehicle operators license and any motor
vehicle license tag and tag registration issued to such vehicle to the
Department of Public Safety. Upon satisfactory proof of compliance
with this chapter, the commissioner of public safety shall return any
operators license, motor vehicle license tag, and tag registration
suspended under this Code section to the owner of the motor vehicle;
provided, however, that, in cases where the operators license and
GEORGIA LAWS 1982 SESSION
1239
motor vehicle license tag are suspended, the owner shall be required
to submit proof of compliance with this chapter and the payment of a
$10.00 restoration fee to the Department of Public Safety in order to
receive his operators license, motor vehicle license tag, and tag
registration; provided, further, that, in cases where the operators
license and motor vehicle license tag have 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 operators license and the motor vehicle license tag for a
period of 60 days; and the suspension shall remain in effect until the
owner submits proof of compliance with this chapter and the pay-
ment of a $25.00 restoration fee to the Department of Public Safety.
(c) (1) Similarly, in cases in which a person is convicted of
knowingly operating or knowingly authorizing another to operate
a motor vehicle without effective insurance thereon or without an
approved plan of self-insurance as required by this chapter, in
addition to any other punishment, such persons operators license
shall be suspended for a period of 60 days and, in the case of the
owner, the license tag for each vehicle involved. Such person shall
be required to submit such operators license, license tag, and tag
registration where applicable, to the court upon conviction. The
court shall forward such licenses, license tags, and tag registra-
tions to the Department of Public Safety. Upon satisfactory proof
of minimum insurance coverage as required by this chapter, the
commissioner shall forthwith return the license tag and tag regis-
tration to the owner of the vehicle. Upon satisfactory proof of
compliance with the provisions of this chapter and after the 60 day
suspension has ended, proof of minimum insurance coverage has
been filed, and the payment of a $25.00 restoration fee has been
made to the department, the commissioner shall return the opera-
tors license suspended under the provisions of this Code section
to the operator of such motor vehicle.
(2) For a second or subsequent offense under this subsec-
tion, the commissioner shall require, as an additional condition for
the restoration of a persons operators license, the filing of proof
of motor vehicle liability insurance equivalent to that required as
evidence of security for bodily injury and property damage liabil-
ity under the motor vehicle safety responsibility laws of this state.
(3) Any person refusing to deliver his motor vehicle opera-
tors license, motor vehicle license tag, and tag registration to the
1240
GENERAL ACTS AND RESOLUTIONS, VOL. I
court after a conviction of knowingly operating or knowingly
authorizing another to operate a motor vehicle without effective
insurance thereon or without an approved plan of self-insurance
as required by this chapter shall be held in contempt of court until
such license, license tag, and tag registration are delivered.
(d) (1) The Department of Public Safety, upon suspending the
motor vehicle operators license or motor vehicle license tag as
provided for in this chapter, shall require that the license, tag, and
tag registration be surrendered to the Department of Public
Safety immediately following the effective date of suspension; and
it is the duty of any owner or operator, immediately upon receipt
of notice from the Department of Public Safety, to forward the
operators license, license tag, and tag registration to the Depart-
ment of Public Safety.
(2) If such motor vehicle operators license, motor vehicle
license tag, and tag registration is not received by the Department
of Public Safety within ten days following the effective date of
suspension, the commissioner of public safety shall immediately
direct any member of the Georgia State Patrol or any peace officer
to secure possession of the license, tag, and tag registration and
return the same to the commissioner.
(3) Unless otherwise provided in this Code section, notice of
the effective date of suspension shall occur when the driver
receives actual knowledge or legal notice of the suspension, which-
ever occurs first. For the purposes of making any determination
under this chapter relating to the return of a suspended motor
vehicle operators license or motor vehicle license tag, no period of
suspension under this chapter shall begin until the license, tag,
and tag registration are surrendered to the Department of Public
Safety or to a court of competent jurisdiction under any provisions
of this chapter, whichever date shall first occur. If the motor
vehicle operators license, motor vehicle license tag, or tag regis-
tration is lost or if for any other reason surrender to the Depart-
ment 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 of Public Safety.
(4) It shall be unlawful to refuse to deliver upon a legal
demand any motor vehicle operators license, motor vehicle
license tag, or tag registration.
GEORGIA LAWS 1982 SESSION
1241
(5) Any person violating paragraph (1) of this subsection
shall be guilty of a misdemeanor and, upon conviction thereof,
shall be subject to a fine of not more than $1,000.00 or impris-
onment for not more than 90 days.
(e) For the purposes of this Code section, where any provision of
this Code section requires the Department of Public Safety to give
notice to a person affecting such persons motor vehicle operators
license and motor vehicle license tag, the mailing of such notice and
the name and address shown on the notice of cancellation supplied by
the insurer as required by this Code section shall be presumptive
evidence that the person received the required notice.
(f) (1) The owner of a motor vehicle shall keep proof or evi-
dence of the minimum insurance coverage required by this chap-
ter in the vehicle at all times during its operation. Any person who
violates this paragraph shall be subject to a fine not to exceed
$25.00; however, there shall be no suspension of the persons
operators license or motor vehicle license tag for a violation of this
paragraph.
(2) Every law enforcement officer in this state shall request
the driver of a motor vehicle to produce proof or evidence of
minimum insurance coverage required by this chapter at any time
the law enforcement officer requests the presentation of the
operators license of the driver of the vehicle.
Section 3. This Act shall become effective November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
1242
GENERAL ACTS AND RESOLUTIONS, VOL. I
CRIMES AGGRAVATED ASSAULT.
Code Sections 26-1302, 16-5-21 Amended.
No. 1402 (Senate Bill No. 227).
AN ACT
To amend Code Chapter 26-13, relating to crimes of bodily injury
and related offenses, as amended, so as to change the penalty for
aggravated assault; to amend the Official Code of Georgia Annotated
accordingly; to provide for effective dates and automatic repeal; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Chapter 26-13, relating to crimes of bodily
injury and related offenses, as amended, is amended by striking Code
Section 26-1302 and inserting in lieu thereof a new Code Section 26-
1302 to read as follows:
26-1302. Aggravated assault. A person commits aggravated
assault when he assaults (a) with intent to murder, to rape, or to rob,
or (b) with a deadly weapon or with any object, device, or instrument
which, when used offensively against a person, is likely to or actually
does result in serious bodily injury. A person convicted of aggravated
assault shall be punished by imprisonment for not less than one nor
more than 20 years. A person who knowingly commits aggravated
assault upon a peace officer while such peace officer is engaged in or
on account of the performance of his official duties shall upon
conviction be punished by imprisonment for not less than five nor
more than 20 years.
Part 2
Section 2. Code Section 16-5-21 of the Official Code of Georgia
Annotated, relating to aggravated assault, is amended by striking said
Code section in its entirety and inserting in lieu thereof a new Code
Section 16-5-21 to read as follows:
GEORGIA LAWS 1982 SESSION
1243
16-5-21. (a) A person commits the offense of aggravated
assault when he assaults:
(1) With intent to murder, to rape, or to rob; or
(2) With a deadly weapon or with any object, device, or
instrument which, when used offensively against a person, is likely
to or actually does result in serious bodily injury.
(b) A person convicted of the offense of aggravated assault shall
be punished by imprisonment for not less than one nor more than 20
years.
(c) A person who knowingly commits the offense of aggravated
assault upon a peace officer while the peace officer is engaged in, or on
account of the performance of, his official duties shall, upon convic-
tion thereof, be punished by imprisonment for not less than five nor
more than 20 years.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
1244
GENERAL ACTS AND RESOLUTIONS, VOL. I
INSURANCE POLICIES, ETC. TO BE
WRITTEN IN SIMPLIFIED LANGUAGE.
Code Title 33, Chapter 3 Amended.
No. 1403 (Senate Bill No. 312).
AN ACT
To amend Chapter 3 of Title 33 of the Official Code of Georgia
Annotated, relating to the general requirements for transacting insur-
ance in this state, so as to provide that all individual policies,
contracts, group insurance certificates, and pertinent informational
booklets relating to life insurance, accident and sickness insurance,
credit life insurance, and credit health insurance issued for delivery in
this state shall be written in simplified and plain language; to
authorize the Commissioner to prescribe rules and regulations rela-
tive thereto; to authorize the use of the Flesch reading ease test; 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. Chapter 3 of Title 33 of the Official Code of Georgia
Annotated, relating to the general requirements for transacting insur-
ance in this state, is amended by redesignating Code Section 33-3-25
as Code Section 33-3-26 and inserting in lieu thereof a new Code
section to be designated Code Section 33-3-25 to read as follows:
33-3-25. (a) All individual life or accident insurance policies,
all certificates of group life or accident and sickness insurance cover-
age, and all coverage booklets provided to group life or accident and
sickness insurance certificate holders which are issued, delivered,
issued for delivery, amended, or renewed in this state on and after
January 1,1984, shall be written in a simplified form, shall be divided
into logically arranged, captioned sections, and shall contain readable
language which complies with the standards prescribed in such rules
and regulations as may be promulgated by the Insurance Commis-
sioner after due notice and hearing.
(b) In establishing the policy language simplification and read-
ing ease standards for such policies, certificates, and coverage book-
GEORGIA LAWS 1982 SESSION
1245
lets, the Insurance Commissioner may utilize a minimum score of 40
on the Flesch reading ease test as the basic standard or such other
nationally recognized reading ease standards or tests as would pro-
duce comparable policy language simplification and readability
results and he may also provide for exceptions thereto by appropriate
rules and regulations.
(c) This Code section shall apply to all insurers transacting life
or accident and sickness insurance in this state, including all insurers,
nonprofit corporations, or other organizations issuing policies or
contracts of life or accident and sickness coverage under Chapters 15,
18,19,20,21,29, or 30 of Title 33.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
STATE PERSONNEL BOARD ADVERSE
ACTIONS, APPEALS, ETC.
Code Section 45-20-8 Amended.
No. 1404 (Senate Bill No. 344).
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. L. 1975, p. 79), as amended, so as to change the
provisions relating to adverse actions; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to provide
for automatic repeal of certain provisions of this Act; to repeal
conflicting laws; and for other purposes.
1246
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Part 1
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. L. 1975, p. 79), as amended, is hereby
amended by striking Section 7 in its entirety and inserting in lieu
thereof a new Section 7 to read as follows:
Section 7. Adverse actions, appeals and hearings, (a) Perma-
nent status employees may be dismissed from employment or other-
wise adversely affected as to compensation or employment status
only if such action is taken in accordance with the rules and regula-
tions of the State Personnel Board.
(b) This law is not intended to create a property interest in the
job, but rather to create only a procedure under which permanent
status employees can be dismissed or otherwise adversely affected.
The procedure adopted for dismissing a permanent status employee
from employment or otherwise adversely affecting his compensation
or employment status shall include, as a minimum, that the appoint-
ing authority must provide the permanent status employee with
reasons for the action, an opportunity to file an appeal and request a
hearing which may be held before either the Board or one of its
hearing officers; provided, however, the hearing may be held subse-
quent to the effective date of the dismissal or other purported adverse
action; provided, further, the right to appeal shall not apply when
persons are separated or otherwise adversely affected as to compensa-
tion due to curtailment of funds or reduction in staff when such action
is in accordance with the rules and regulations of the State Personnel
Board.
(c) No adverse action appealed to the State Personnel Board
under the provisions of the rules and regulations of the Board, the
provisions of this Act, or otherwise, shall be considered invalid for
failure to follow or comply with the rules and regulations of the
Board, this Act, or any other requirement unless it is shown that the
individual against whom the action has been taken has been substan-
tially harmed by the procedural failure.
GEORGIA LAWS 1982 SESSION
1247
(d) The decision of the Board on an appeal as to whether a
dismissal or other adverse action was in accordance with the rules and
regulations prescribed by the State Personnel Board shall be binding
upon the appointing authority. The Board may modify the action of
the appointing authority but may not increase the severity of such
action on the employee. Such appointing authority shall promptly
comply with such order as may be issued as a result of the appeal to
the State Personnel Board. The decision of the Board shall not limit
the rights of the employee or the department to judicial review as to
errors of law and such decision shall be stayed pending other further
appeal.
(e) As provided in Section 4(b), the State Personnel Board is
authorized to employ a hearing officer or hearing officers for the
purpose of holding hearings and otherwise assisting in the resolution
of appeals.
Part 2
Section 2. Chapter 20 of Title 45 of the Official Code of Georgia
Annotated, relating to personnel administration, is amended by
striking Code Section 45-20-8 in its entirety and inserting in lieu
thereof a new Code Section 45-20-8 to read as follows:
45-20-8. (a) Permanent status employees may be dismissed
from employment or otherwise adversely affected as to compensation
or employment status only if such action is taken in accordance with
the rules and regulations of the State Personnel Board.
(b) This law is not intended to create a property interest in the
job, but rather to create only a procedure under which permanent
status employees can be dismissed or otherwise adversely affected.
The procedure adopted for dismissing a permanent status employee
from employment or otherwise adversely affecting his compensation
or employment status shall include, as a minimum, that the appoint-
ing authority must provide the permanent status employee with
reasons for the action, an opportunity to file an appeal and request a
hearing which may be held before either the board or one of its
hearing officers; provided, however, that the hearing may be held
subsequent to the effective date of the dismissal or other purported
adverse action; provided, further, that the right to appeal shall not
apply when persons are dismissed or otherwise adversely affected as
to compensation due to curtailment of funds or reduction in staff
1248
GENERAL ACTS AND RESOLUTIONS, VOL. I
when such action is in accordance with the rules and regulations of
the State Personnel Board.
(c) No adverse action appealed to the State Personnel Board
under the rules and regulations of the board, this article, or otherwise
shall be considered invalid for failure to follow or comply with the
rules and regulations of the board, this article, or any other require-
ment unless it is shown that the individual against whom the action
has been taken has been substantially harmed by the procedural
failure.
(d) The decision of the board on an appeal as to whether a
dismissal or other adverse action was in accordance with the rules and
regulations prescribed by the State Personnel Board shall be binding
upon the appointing authority. The board may modify the action of
the appointing authority but may not increase the severity of such
action on the employee. Such appointing authority shall promptly
comply with such order as may be issued as a result of the appeal to
the State Personnel Board. The decision of the board shall not limit
the rights of the employee or the department to judicial review as to
errors of law and such decision shall be stayed pending other further
appeal.
(e) As provided in subsection (b) of Code Section 45-20-3, the
State Personnel Board is authorized to employ a hearing officer or
hearing officers for the purpose of holding hearings and otherwise
assisting in the resolution of appeals.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1249
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
GEORGIA HEALTH CODE AMENDED REPORTS
OF CERTAIN PHYSICAL INJURIES.
Code Sections 88-1913, 31-7-9 Amended.
No. 1405 (Senate Bill No. 417).
AN ACT
To amend Code Section 88-1913, relating to reports of incidents of
physical injury or injuries by other than accidental means by certain
personnel employed in certain medical facilities, so as to clarify that
such reports shall be made to the local law enforcement agency having
primary jurisdiction in the area in which the medical facility is
located; to amend the Official Code of Georgia Annotated accord-
ingly; to provide effective dates; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 88-1913, relating to reports of incidents
of physical injury or injuries by other than accidental means by
certain personnel employed in certain medical facilities, is hereby
amended by striking the second sentence of subsection (b) of said
Code section, which reads as follows:
Said person in charge or his designated delegate shall in turn
notify the appropriate police authority of the same.,
1250
GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof the following:
The person in charge of the medical facility or his designated
delegate shall then notify the local law enforcement agency having
primary jurisdiction in the area in which the medical facility is
located of the contents of the report.,
so that when so amended, subsection (b) of Code Section 88-1913
shall read as follows:
(b) An oral report shall be made immediately by telephone or
otherwise and followed by a report in writing, if requested, to the
person in charge of the medical facility or his designated delegate.
The person in charge of the medical facility or his designated delegate
shall then notify the local law enforcement agency having primary
jurisdiction in the area in which the medical facility is located of the
contents of the report. Such reports shall contain the name and
address of the patient, the nature and extent of the patients 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.
Part 2
Section 2. Code Section 31-7-9 of the Official Code of Georgia
Annotated is amended by striking subsection (b) of said Code Section
in its entirety and inserting in lieu thereof a new subsection (b) to
read as follows:
(b) An oral report shall be made immediately by telephone or
otherwise and shall be followed by a report in writing, if requested, to
the person in charge of the medical facility or his designated delegate.
The person in charge of the medical facility or his designated delegate
shall then notify the local law enforcement agency having primary
jurisdiction in the area in which the medical facility is located of the
contents of the report. The report shall contain the name and address
of the patient, the nature and extent of the patients 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.
GEORGIA LAWS 1982 SESSION
1251
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
STATE PERSONNEL BOARD POSITIONS
EXCLUDED FROM CLASSIFIED SERVICE.
Code Section 45-20-2 Amended.
No. 1406 (Senate Bill No. 476).
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. L. 1975, p. 79), as amended, so as to exclude
certain positions from the classified service; to amend Code Section
45-20-2 of the Official Code of Georgia Annotated, relating to defini-
tions relative to the State Merit System of Personnel Administration,
so as to provide for the changes described above; to provide effective
dates; to repeal conflicting laws; and for other purposes.
1252
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Parti
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. L. 1975, p. 79), as amended, is amended
by adding at the end of paragraph (2) of subsection (a) of Section 2
the following new subparagraph:
(xxv) positions in the class Major assigned to the Uniform
Division of the Georgia State Patrol.
Part 2
Section 2. Code Section 45-20-2 of the Official Code of Georgia
Annotated, relating to definitions relative to the State Merit System
of Personnel Administration, is amended by striking subparagraphs
(W) and (X) of paragraph (15) and substituting in lieu thereof the
following:
(W) Time-limited positions established for the purpose of con-
ducting a specific study, investigation, or project subject to the
approval of the commissioner;
(X) Additional positions of unique functions as may be autho-
rized by the commissioner; and
(Y) Positions in the class Major assigned to the Uniform Divi-
sion of the Georgia State Patrol.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1253
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
FAIR EMPLOYMENT PRACTICES ACT OF
1978 AMENDED.
Code Section 45-19-46 Enacted.
No. 1407 (Senate Bill No. 477).
AN ACT
To amend the Fair Employment Practices Act of 1978,
approved March 9, 1978 (Ga. L. 1978, p. 859), as amended, so as to
extend the life of the Act; to amend Article 2 of Chapter 45-19 of the
Official Code of Georgia Annotated, relating to the Fair Employ-
ment Practices Act of 1978, so as to provide for the repeal of said
article effective July 1, 1985; to provide effective dates; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. The Fair Employment Practices Act of 1978,
approved March 9,1978 (Ga. L. 1978, p. 859), as amended, is amended
by striking from Section 27 the date July 1, 1982 and inserting in
lieu thereof the date July 1,1985, so that when so amended Section
27 shall read as follows:
Section 27. Specific repealer. This Act shall be repealed on July
1,1985, unless extended or provided otherwise by the General Assem-
bly.
1254
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 2
Section 2. Article 2 of Chapter 45-19 of the Official Code of
Georgia Annotated, relating to the Fair Employment Practices Act
of 1978, is amended by adding at the end thereof a new Code Section
45-19-46 to read as follows:
45-19-46. This article shall be repealed and deleted from this
Code on July 1,1985.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
FEES OF SURETIES ON CRIMINAL BONDS.
Code Section 17-6-30 Amended.
No. 1408 (Senate Bill No. 482).
AN ACT
To amend Code Section 17-6-30 of the Official Code of Georgia
Annotated, relating to fees of sureties on criminal bonds, so as to
GEORGIA LAWS 1982 SESSION
1255
change the provisions relative to such fees; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 17-6-30 of the Official Code of Georgia
Annotated, relating to fees of sureties on criminal bonds, is amended
by striking subsection (a) of said Code section in its entirety and
substituting in lieu thereof a new subsection (a) to read as follows:
(a) Sureties on criminal bonds in any court shall not charge or
receive more than 10 percent of the principal amount of the bonds as
compensation from defendants or from anyone acting for defend-
ants.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
GENERAL ASSEMBLY ALLOWANCES FOR
MEMBERS.
Code Section 45-7-4 Amended.
No. 1409 (Senate Bill No. 491).
AN ACT
To amend Code Section 45-7-4 of the Official Code of Georgia
Annotated, relating to the annual salaries of certain state officials, so
as to change the provisions relating to allowances for members of the
General Assembly; to provide an effective date; to repeal conflicting
laws; and for other purposes.
1256
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 45-7-4 of the Official Code of Georgia
Annotated, relating to the annual salaries of certain state officials, is
amended by striking the second undesignated paragraph of num-
bered paragraph (22) of subsection (a) of said Code section in its
entirety and inserting in lieu thereof a new second undesignated
paragraph of numbered paragraph (22) of subsection (a) of said Code
section to read as follows:
In addition to any other compensation and allowances autho-
rized for members of the General Assembly, each member shall be
reimbursed for actual expenses incurred in the performance of duties
within the state as a member of the General Assembly in an amount
not to exceed $3,600.00 per year. For the purposes of the preceding
sentence, a year shall be construed to begin on the convening date of
the General Assembly in regular session and end on the last day of
December in that calendar year. These expenses shall be limited to
one or more of the following purposes: rents, district office or offices,
office supplies and materials, office equipment, secretarial assistance,
utilities, postage (which shall not be used for a political newsletter),
communications, stationery, lodging, meals, travel, and per diem
differential. Per diem differential shall be the difference between the
daily expense allowance authorized for members of the General
Assembly and the federal per diem rate in effect for the state capital
as specified by the General Services Administration. Such expenses
shall be reimbursed upon the submission of sworn vouchers to the
legislative fiscal office.
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
repealed.
Approved April 14,1982.
GEORGIA LAWS 1982 SESSION
1257
CRIMINAL PROCEDURE COMMUNITY
SERVICE AS CONDITION OF PROBATION.
Code Title 42, Chapter 8 Amended.
No. 1410 (Senate Bill No. 503).
AN ACT
To provide for community service as a condition of probation; to
define certain terms; to provide for community service agencies; to
provide for offenders who are eligible for community service as a
condition of probation; to provide for procedures; to provide for court
orders; to provide for community service officers; to provide for
applicability; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to provide for automatic
repeal of certain provisions of this Act; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. As used in this Act, the term:
(1) Agency means any private or public agency or organi-
zation, tax exempt or for profit, approved by the court to partici-
pate in a community service program.
(2) Community service means uncompensated work by
an offender with an agency for the benefit of the community
pursuant to an order by a court as a condition of probation.
(3) Community service officer means an individual
appointed by the court to place and supervise offenders sentenced
to community service. Such term may mean a paid professional or
a volunteer.
Section 2. (a) Agencies desiring to participate in a community
service program shall file with the court a letter of application
showing:
1258
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Eligibility;
(2) Number of offenders who may be placed with the
agency;
(3) Work to be performed by the offender; and
(4) Provisions for supervising the offender.
(b) An agency selected for the community service program shall
work offenders who are assigned to the agency by the court. If an
offender violates a court order, the agency shall report such violation
to the community service officer.
(c) If an agency violates any court order or provision of this
article, the offender shall be removed from the agency and the agency
shall no longer be eligible to participate in the community service
program.
Section 3. (a) Community service may be considered as a
condition of probation with primary consideration given to the fol-
lowing categories of offenders:
(1) Traffic violations;
(2) Ordinance violations;
(3) Noninjurious or nondestructive, nonviolent misdemean-
ors;
(4) Noninjurious or nondestructive, nonviolent felonies;
and
(5) Other offenders considered upon the discretion of the
judge.
(b) The judge may confer with the prosecutor, defense attorney,
probation supervisor, community service officer, or other interested
persons to determine if the community service program is appropri-
ate for an offender. If community service is ordered as a condition of
probation, the court shall order:
GEORGIA LAWS 1982 SESSION
1259
(1) Not less than 20 hours nor more than 250 hours in cases
involving traffic or ordinance violations or misdemeanors, said
service to be completed within one year; or
(2) Not less than 20 hours nor more than 500 hours in felony
cases, said service to be completed within three years.
Section 4. The community service officer shall place an offender
sentenced to community service as a condition of probation with an
appropriate agency. The agency and work schedule shall be approved
by the court. If the offender is employed at the time of sentencing,
community service shall be scheduled so as not to cause termination
of such employment. The community service officer shall supervise
the offender for the duration of the community service sentence.
Upon completion of the community service sentence, the community
service officer shall prepare a written report evaluating the offenders
performance which will be used to determine if the conditions of
probation have been satisfied.
Section 5. The provisions of an Act known as the State-wide
Probation Act, approved February 8, 1956 (Ga. L. 1956, p. 27), as
amended, shall be applicable to offenders sentenced to community
service as a condition of probation pursuant to this Act. The
provisions of an Act relating to probation of first offenders, approved
March 18,1968 (Ga. L. 1968, p. 324), as amended, shall be applicable
to first offenders sentenced pursuant to this Act.
Part 2
Section 6. Chapter 8 of Title 42 of the Official Code of Georgia
Annotated, relating to probation, is amended by adding following
Article 3 a new article, to be designated Article 4, to read as
follows:
ARTICLE 4
42-8-70. As used in this article, the term:
(1) Agency means any private or public agency or organiza-
tion, tax exempt or for profit, approved by the court to participate
in a community service program.
1260
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Community service means uncompensated work by an
offender with an agency for the benefit of the community pursu-
ant to an order by a court as a condition of probation.
(3) Community service officer means an individual
appointed by the court to place and supervise offenders sentenced
to community service. Such term may mean a paid professional or
a volunteer.
42-8-71. (a) Agencies desiring to participate in a community
service program shall file with the court a letter of application
showing:
(1) Eligibility;
(2) Number of offenders who may be placed with the
agency;
(3) Work to be performed by the offender; and
(4) Provisions for supervising the offender.
(b) An agency selected for the community service program shall
work offenders who are assigned to the agency by the court. If an
offender violates a court order, the agency shall report such violation
to the community service officer.
(c) If an agency violates any court order or provision of this
article, the offender shall be removed from the agency and the agency
shall no longer be eligible to participate in the community service
program.
42-8-72. (a) Community service may be considered as a condi-
tion of probation with primary consideration given to the following
categories of offenders:
(1) Traffic violations;
(2) Ordinance violations;
(3) Noninjurious or nondestructive, nonviolent misdemean-
ors;
GEORGIA LAWS 1982 SESSION
1261
(4) Noninjurious or nondestructive, nonviolent felonies;
and
(5) Other offenders considered upon the discretion of the
judge.
(b) The judge may confer with the prosecutor, defense attorney,
probation supervisor, community service officer, or other interested
persons to determine if the community service program is appropri-
ate for an offender. If community service is ordered as a condition of
probation, the court shall order:
(1) Not less than 20 hours nor more than 250 hours in cases
involving traffic or ordinance violations or misdemeanors, said
service to be completed within one year; or
(2) Not less than 20 hours nor more than 500 hours in felony
cases, said service to be completed within three years.
42-8-73. The community service officer shall place an offender
sentenced to community service as a condition of probation with an
appropriate agency. The agency and work schedule shall be approved
by the court. If the offender is employed at the time of sentencing,
community service shall be scheduled so as not to cause termination
of such employment. The community service officer shall supervise
the offender for the duration of the community service sentence.
Upon completion of the community service sentence, the community
service officer shall prepare a written report evaluating the offenders
performance which will be used to determine if the conditions of
probation have been satisfied.
42-8-74. The provisions of Article 2 of this chapter, relating to
probation, termination of probation, and revocation of probation,
shall be applicable to offenders sentenced to community service as a
condition of probation pursuant to this article. The provisions of
Article 3, relating to probation of first offenders, shall be applicable to
first offenders sentenced pursuant to this article.
Part 3
Section 7. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
1262
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
PRACTICE AND PROCEDURE CONSENT
JUDGMENTS.
Code Section 9-12-23 Enacted.
No. 1411 (Senate Bill No. 505).
AN ACT
To amend Article 1 of Chapter 12 of Title 9 of the Official Code of
Georgia Annotated, relating to verdict and judgment in civil cases, so
as to provide that when the parties consent to a judgment the court
shall render judgment without the verdict of a jury; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 12 of Title 9 of the Official Code
of Georgia Annotated, relating to verdict and judgment in civil cases,
is hereby amended by adding a new Code Section 9-12-23 to read as
follows:
9-12-23. The consent of the parties to a judgment has the effect
of removing any issuable defenses previously filed. After such a
consent the court may render judgment without the verdict of a jury.
GEORGIA LAWS 1982 SESSION
1263
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 14,1982.
GAME AND FISH FALCONRY, SEASONS
AND BAG LIMITS.
Code Section 27-3-15 Amended.
No. 1412 (Senate Bill No. 509).
AN ACT
To amend Code Section 27-3-15 of the Official Code of Georgia
Annotated, relating to seasons and bag limits under the Game and
Fish Code, so as to revise the season for taking certain game species by
means of falconry; to 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 27-3-15 of the Official Code of Georgia
Annotated, relating to seasons and bag limits under the Game and
Fish Code, is amended by inserting at the end of said Code section a
new subsection (f) to read as follows:
(f) Notwithstanding the provisions of subsections (a) and (b) of
this Code section, it shall be unlawful to take the species designated
below by means of falconry at any time during the period March 16
through September 30; but it shall not be unlawful to take the species
designated below by means of falconry during the period October 1
through March 15 in such number not exceeding the bag limits for
each such species as follows:
1264
GENERAL ACTS AND RESOLUTIONS, VOL. I
Game
Species
(1) Quail
(2) Grouse
(3) Rabbit
(4) Squirrel
Maximum Bag Limits
Daily Season
12 No limit
3 No limit
10 No limit
10 No limit
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
STATE BOARD OF PHARMACY
PRACTITIONER DEFINED.
Code Title 79A Amended.
Code Sections 16-13-21, 26-4-2 Amended.
No. 1413 (Senate Bill No. 517).
AN ACT
To amend Code Title 79A, relating to pharmacists, pharmacy, and
drugs, as amended, so as to change the definition of the term
practitioner; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Title 79A, relating to pharmacists, pharmacy,
and drugs, as amended, is amended by striking in its entirety subsec-
tion (q) of Code Section 79A-102 and inserting in lieu thereof a new
subsection (q) to read as follows:
GEORGIA LAWS 1982 SESSION
1265
(q) Practitioner or Practitioner of the healing arts shall mean
a physician, dentist, podiatrist, or veterinarian, and shall include any
other person licensed under the laws of this State to use, mix, prepare,
dispense, prescribe and administer drugs in connection with medical
treatment to the extent provided by the laws of this State.
Section 2. Said Code title is further amended by striking in its
entirety subsection (v) of Code Section 79A-802 and inserting in lieu
thereof a new subsection (v) to read as follows:
(v) Practitioner means:
(1) A physician, dentist, pharmacist, podiatrist, veteri-
narian, scientific investigator, or other person licensed, registered
or otherwise authorized under the laws of this State to distribute,
dispense, conduct research with respect to or to administer a
controlled substance in the course of professional practice or
research in this State.
(2) A pharmacy, hospital or other institution licensed, regis-
tered, or otherwise authorized by law to distribute, dispense,
conduct research with respect to or to administer a controlled
substance in the course of professional practice or research in this
State.
Part 2
Section 3. The Official Code of Georgia Annotated is amended
by striking in its entirety paragraph (23) of Code Section 16-13-21,
relating to definitions under the Georgia Controlled Substances
Act, and inserting in lieu thereof a new paragraph (23) to read as
follows:
(23) Practitioner means:
(A) A physician, dentist, pharmacist, podiatrist, veteri-
narian, scientific investigator, or other person licensed, registered,
or otherwise authorized under the laws of this state to distribute,
dispense, conduct research with respect to, or to administer a
controlled substance in the course of professional practice or
research in this state; or
1266
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) A pharmacy, hospital, or other institution licensed,
registered, or otherwise authorized by law to distribute, dispense,
conduct research with respect to, or to administer a controlled
substance in the course of professional practice or research in this
state.
Section 4. Said Code is further amended by striking in its
entirety paragraph (19) of Code Section 26-4-2, relating to definitions
with respect to pharmacists and pharmacies, and inserting in lieu
thereof a new paragraph (19) to read as follows:
(19) Practitioner or practitioner of the healing arts means a
physician, dentist, podiatrist, or veterinarian and shall include any
other person licensed under the laws of this state to use, mix, prepare,
dispense, prescribe, and administer drugs in connection with medical
treatment to the extent provided by the laws of this state.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November if
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
GEORGIA LAWS 1982 SESSION
1267
SHERIFFS MINIMUM SALARIES.
Code Section 15-16-20 Amended.
No. 1414 (Senate Bill No. 528).
AN ACT
To amend an Act providing minimum salaries for sheriffs to be
paid from county funds, approved April 2,1971 (Ga. L. 1971, p. 380),
as amended, so as to provide adequate compensation for the sheriffs
of the state; to change the minimum salaries provided by this Act; to
change the provisions relating to longevity increases; to provide for
other matters relative to the foregoing; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to provide
for automatic repeal of certain provisions of this Act; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act providing minimum salaries for sheriffs to be
paid from county funds, approved April 2,1971 (Ga. L. 1971, p. 380),
as amended, is 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 sheriff in the State of
Georgia shall be fixed according to the population of the county in
which he serves as determined by the United States Decennial Census
of 1980 or any future such census; provided, however, that, in the
event the population of a county according to the United States
Decennial Census of 1980 or any future such census is less than its
population according to the United States Decennial Census of 1970,
the population bracket under which any such county falls for the
purposes of this Section shall be determined according to the United
States Decennial Census of 1970. Each such sheriff shall receive an
annual salary, payable in equal monthly installments from the funds
of his county, of not less than the amount fixed in the following
schedule:
1268
GENERAL ACTS AND RESOLUTIONS, VOL. I
Population
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 - 299,999
300.000 - and up
Minimum Salary
$ 13,750
17,050
19,580
21,560
23,540
25,520
27,500
29,370
31,460
38,500.
Section 2. Said Act is further amended by striking in its entirety
Section 2, which reads as follows:
Section 2. The amounts provided in Section 1 of this Act shall be
increased by five percent for each four-year term of office served by
any sheriff, figured at the end of each such period of service. Such
increase shall not have retroactive effect, except that the current term
of sheriffs presently in office shall be counted for determining the
appropriate salary under this Section. This Act shall not be con-
strued to reduce the salary of any sheriff presently in office. The
minimum salaries provided for in this Act shall be considered as
salary only. Expenses for deputies, equipment, supplies, copying
equipment and other necessary and reasonable expenses for the
operation of a sheriffs office shall come from funds other than the
funds specified as salary in this Act.,
and inserting in lieu thereof a new Section 2 to read as follows:
Section 2. (a) The amounts provided in Section 1 shall be
increased by 5 percent for each four-year term of office served by any
sheriff after December 31, 1976, and prior to July 1, 1982, effective
July 1,1982.
(b) The amounts provided in Section 1, including any increases
provided by subsection (a) of this section, where applicable, shall be
increased by 5 percent for each four-year term of office served by any
sheriff, figured at the end of each such period of service. The increase
shall not have retroactive effect, except that the term of sheriffs in
office on July 1,1982, shall be counted for determining the appropri-
ate salary under this Act. The minimum salaries provided for in this
Act shall be considered as salary only. Expenses for deputies, equip-
GEORGIA LAWS 1982 SESSION
1269
ment, supplies, copying equipment, and other necessary and reason-
able expenses for the operation of a sheriffs office shall come from
funds other than the funds specified as salary in this Act.
Section 3. Chapter 16 of Title 15 of the Official Code of Georgia
Annotated, relating to sheriffs, is amended by striking Code Section
15-16-20 in its entirety and inserting in lieu thereof a new Code
Section 15-16-20 to read as follows:
15-16-20. (a) (1) Any other law to the contrary notwith-
standing, the minimum annual salary of each sheriff in this state
shall be fixed according to the population of the county in which
he serves, as determined by the United States decennial census of
1980 or any future such census; provided, however, that, in the
event the population of a county according to the United States
decennial census of 1980 or any future such census is less than its
population according to the United States decennial census of
1970, the population bracket under which any such county falls for
the purposes of this Code section shall be determined according to
the United States decennial census of 1970. Except as otherwise
provided in paragraph (2) of this subsection, each such sheriff
shall receive an annual salary, payable in equal monthly install-
ments from the funds of his county, of not less than the amount
fixed in the following schedule:
Population Minimum Salary
(2) Any other law to the contrary notwithstanding, the
minimum annual salary of each sheriff in this state shall be fixed
according to the population of the county in which he serves, as
determined by the United States decennial census of 1980 or any
Part 2
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 - 299,999
300.000 - and up
0 - 5,999
$ 13,750.00
17.050.00
19.580.00
21.560.00
23.540.00
25.520.00
27.500.00
29.370.00
31.460.00
38.500.00
1270
GENERAL ACTS AND RESOLUTIONS, VOL. I
future such census. Effective July 1,1983, each such sheriff shall
receive an annual salary, payable in equal monthly installments
from the funds of his county, of not less than the amount fixed in
the following schedule:
(b) (1) The amounts provided in subsection (a) of this Code
section shall be increased by 5 percent for each four-year term of
office served by any sheriff after December 31,1976, and prior to
July 1,1982, effective July 1,1982.
(2) The amounts provided in subsection (a) of this Code
section, including any increases provided by paragraph (1) of this
subsection, where applicable, shall be increased by 5 percent for
each four-year term of office served by any sheriff, figured at the
end of each such period of service. The increase shall not have
retroactive effect, except that the term of sheriffs in office on July
1, 1982, shall be counted for determining the appropriate salary
under this Code section.
(c) The minimum salaries provided for in this Code section shall
be considered as salary only. Expenses for deputies, equipment,
supplies, copying equipment, and other necessary and reasonable
expenses for the operation of a sheriffs office shall come from funds
other than the funds specified as salary in this Code section.
(d) This Code section shall not be construed to reduce the salary
of any sheriff in office on July 1,1982. All local legislation in effect on
July 1,1971, or enacted thereafter affecting compensation for sheriffs
of the various counties shall be of full force and effect except where
the same provides for a salary lower than provided in this Code
section, in which event this Code section shall prevail.
Population
0 - 5,999
Minimum Salary
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 - 299,999
300.000 - and up
$ 15,125.00
18.755.00
21.538.00
23.716.00
25.894.00
28.072.00
30.250.00
32.307.00
34.606.00
42.300.00
GEORGIA LAWS 1982 SESSION
1271
Part 3
Section 4. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
CRIMINAL PROCEDURE SENTENCE REVIEW
PANELS, ETC.
Code Sections 27-2511.1, 17-10-6 Amended.
No. 1415 (Senate Bill No. 538).
AN ACT
To amend Code Section 27-2511.1, relating to review of certain
sentences, as amended, so as to provide for inapplicability to sen-
tences imposed in misdemeanor cases and cases in which certain life
sentences are imposed; to amend the Official Code of Georgia Anno-
tated accordingly; to provide for effective dates and automatic repeal;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
1272
GENERAL ACTS AND RESOLUTIONS, VOL. I
Parti
Section 1. Code Section 27-2511.1, relating to review of certain
sentences, as amended, is amended by adding at the end a new
subsection (f) to read as follows:
(f) This Code section shall not apply to sentences imposed in
misdemeanor cases or cases in which a life sentence is imposed for
murder.
Part 2
Section 2. Code Section 17-10-6 of the Official Code of Georgia
Annotated, relating to review of sentences of imprisonment for period
exceeding five years by three-judge panel, is amended by adding at
the end a new subsection (f) to read as follows:
(f) This Code section shall not apply to sentences imposed in
misdemeanor cases or cases in which a life sentence is imposed for
murder.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
GEORGIA LAWS 1982 SESSION
1273
SUPERIOR COURT CLERKS RETIREMENT
SYSTEM ACT AMENDED.
Code Sections 47-14-40, 47-14-77
Amended.
No. 1416 (Senate Bill No. 560).
AN ACT
To amend an Act providing retirement benefits for the clerks of
the superior courts of Georgia, approved February 15, 1952 (Ga. L.
1952, p. 238), as amended, particularly by an Act approved December
18, 1953 (Ga. L. 1953, Nov.-Dee. Sess., p. 332), an Act approved
March 3,1964 (Ga. L. 1964, p. 202), an Act approved March 7,1966,
(Ga. L. 1966, p. 222), and an Act approved April 9,1981 (Ga. L. 1981,
p. 857), so as to change the provisions relative to eligibility and
creditable service by providing a time by which applications must be
made; to provide for late charges for delinquent contributions; to
provide for other matters relative to the foregoing; to amend the
Official Code of Georgia Annotated accordingly; to provide effective
dates; to provide for automatic repeal of certain provisions of this Act;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act providing retirement benefits for the clerks of
the superior courts of Georgia, approved February 15, 1952 (Ga. L.
1952, p. 238), as amended, particularly by an Act approved December
18, 1953 (Ga. L. 1953, Nov.-Dee. Sess., p. 332), an Act approved
March 3,1964 (Ga. L. 1964, p. 202), an Act approved March 7,1966
(Ga. L. 1966, p. 222), and an Act approved April 9,1981 (Ga. L. 1981,
p. 857), is amended by striking Section 7 in its entirety and inserting
in lieu thereof a new Section 7 to 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 five percent of the money received for official
1274
GENERAL ACTS AND RESOLUTIONS, VOL. I
services as clerk, or $36.00 per month, whichever is the smaller sum.
In computing the above percentage, the clerk shall be allowed to
deduct any sums which he must expend for the operation of this office
so that said five percent shall be based on his net income from said
office. All clerks who made application and are accepted for member-
ship in the fund shall furnish the board under oath with a statement
of their monthly earnings and shall remit to the board, not later than
the tenth day of each subsequent month, the amount due hereunder.
No payments shall be made to the board earlier than for the month of
April, 1952. Provided, however, any other provisions of this section to
the contrary notwithstanding, any clerk receiving as net income for
his services the sum of $8,640.00 or more per annum shall, in order to
participate in the benefits provided in this Act, pay into the fund a
total amount of not less than $432.00 for each year. If the sum paid in
by such clerk through monthly remittances does not amount to
$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 five percent 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 five percent, 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 days from the date such payment shall be due,
there shall also be due a late charge, which late charge shall be
interest from the due date computed at ten percent per annum, or the
sum of $5.00, whichever is the greater amount. In the event of such
delinquency, in order to be eligible to receive any benefits provided by
this law, a clerk must remit with such delinquent payments the late
charge as provided for herein.
Section 2. Said Act is further amended by adding a new section
immediately following Section 9E, to be designated Section 9F, to
read as follows:
Section 9F. (a) Notwithstanding any other provision of this Act
to the contrary, a clerk may not receive credit for retirement purposes
for any service performed as a clerk prior to six months from the time
application is made for membership in the fund.
GEORGIA LAWS 1982 SESSION
1275
(b) Notwithstanding any other provision of this Act to the
contrary, a clerk may not receive credit for retirement purposes for
deputy clerk service or for military service unless such credits are
sought at the time of application for membership in the fund.
Part 2
Section 3. Chapter 14 of Title 47 of the Official Code of Georgia
Annotated, relating to the Superior Court Clerks Retirement Fund of
Georgia, is amended by striking in its entirety Code Section 47-14-40,
which reads as follows:
47-14-40. (a) In order to participate in the benefits under this
chapter, a clerk shall make application to the fund upon blanks to be
furnished for that purpose by the board, giving such information as
the board may require. Each clerk who makes application and is
accepted for membership in the fund shall furnish the board with a
statement under oath of his monthly earnings and shall remit to the
board, not later than the tenth day of each subsequent month, the
amount due under subsection (b) of this Code section.
(b) Each member shall pay a monthly sum into the fund, which
sum shall be either 5 percent of the money received in that month for
official services as clerk or $36.00 per month, whichever is the smaller
sum. In computing the above percentage, the clerk shall be allowed to
deduct any sums which he must expend for the operation of his office,
so that the 5 percent figure shall be based on his net income from such
office. Any other provisions of this Code section to the contrary
notwithstanding, any clerk receiving as net income for his services the
sum of $8,640.00 or more per annum shall, in order to participate in
the benefits provided in this chapter, 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 $432.00 he shall pay
the sum necessary to make up the difference on or before January 20
of the following year. Any other provisions of this Code section to the
contrary notwithstanding, any clerk receiving as net income for his
services a sum less than $8,640.00 per annum shall, in order to
participate in the benefits provided in this chapter, pay into the fund
a total amount of not less than 5 percent 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 percent, he shall pay the sum
necessary to make up the difference on or before January 20 of the
following year.
1276
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) If any payment required to be made to the fund by a clerk
remains unpaid 90 days from the date such payment is due, such
payment shall bear interest from the due date at the rate of 6 percent
per annum. In the event of such delinquency, in order to be eligible to
receive any benefits under this chapter, a clerk must remit such
delinquent payment with such interest.
(d) No payments shall be made to the board earlier than for the
month of April, 1952.,
and inserting in lieu thereof a new Code Section 47-14-40 to read as
follows:
47-14-40. (a) Any clerk, in order to participate in the benefits
provided for in this chapter, shall make application to the Superior
Court Clerks Retirement Fund of Georgia upon blanks to be fur-
nished 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 percent of the money received for official
services as clerk or $36.00 per month, whichever is the smaller sum.
In computing the above percentage, the clerk shall be allowed to
deduct any sums which he must expend for the operation of this office
so that said 5 percent shall be based on his net income from said
office. All clerks who made application and are accepted for member-
ship 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. However, any other provisions of this Code section to the
contrary notwithstanding, any clerk receiving as net income for his
services the sum of $8,640.00 or more per annum shall, in order to
participate in the benefits provided in this chapter, 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
$432.00, he shall pay the sum necessary to make up the difference on
or before the twentieth day of January of the following year; provided,
however, that, any other provisions of this Code 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 chapter, pay into the fund
a total amount of not less than 5 percent 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 percent, he shall pay the sum
GEORGIA LAWS 1982 SESSION
1277
necessary to make up the difference on or before the twentieth day of
January of the following year.
(b) If any payments required to be made to the fund by a clerk
shall remain unpaid 90 days from the date such payment shall be due,
there shall also be due a late charge, which late charge shall be
interest from the due date computed at 10 percent per annum or the
sum of $5.00, whichever is the greater amount. In the event of such
delinquency, in order to be eligible to receive any benefits provided by
this chapter, a clerk must remit with such delinquent payments the
late charge as provided for herein.
Section 4. Said chapter is further amended by adding immedi-
ately following Code Section 47-14-76 a new Code section, to be
designated Code Section 47-14-77, to read as follows:
47-14-77. (a) Notwithstanding any other provision of this
chapter to the contrary, a clerk may not receive credit for retirement
purposes for any service performed as a clerk prior to six months from
the time application is made for membership in the fund.
(b) Notwithstanding any other provision of this chapter to the
contrary, a clerk may not receive credit for retirement purposes for
deputy clerk service or for military service unless such credits are
sought at the time of application for membership in the fund.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective October 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
1278
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
BOARD OF EXAMINERS IN OPTOMETRY ACT
AMENDED.
Code Section 84-1102 Amended.
Code Title 43, Chapter 30 Amended.
No. 1417 (Senate Bill No. 583).
AN ACT
To amend Code Section 84-1102, relating to appointment of a
Board of Examiners in Optometry, as amended, so as to continue the
Board of Examiners in Optometry and the laws relating thereto but to
provide for the later termination of that board and those laws; to
amend Chapter 30 of Title 43 of the Official Code of Georgia
Annotated, relating to optometrists, so as to provide for the same
change described above as well as to change certain meeting require-
ments; to provide limitations regarding practice location restrictions
by the board; to provide for certificate and license display; to provide
additional grounds for certain sanctions; to provide for effective dates
and automatic repeal; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Section 84-1102, relating to appointment of a
Board of Examiners in Optometry, as amended, is amended by
adding at the end thereof an undesignated paragraph to read as
follows:
GEORGIA LAWS 1982 SESSION
1279
Pursuant to Section 9 of The Act Providing for the Review,
Continuation, Reestablishment or Termination of Regulatory Agen-
cies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or
hereafter amended, the Board of Examiners in Optometry and the
laws relating thereto are hereby continued until July 1,1988, 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.
Part 2
Section 2. Chapter 30 of Title 43 of the Official Code of Georgia
Annotated, relating to optometrists, is amended by striking Code
Section 43-30-4 and inserting in its place a new Code Section 43-30-4
to read as follows:
43-30-4. The board shall annually elect a president and a vice-
president who shall hold their offices until their successors are elected
and qualified. The board shall prescribe such rules, regulations, and
bylaws for its proceedings and governance as will put this chapter into
effect. There shall be at least two regular meetings of the board held
every year. Special meetings may be held on the call of the president
and two other members.
Section 3. Said chapter is further amended by striking Code
Section 43-30-5 and inserting in its place a new Code Section 43-30-5
to read as follows:
43-30-5. The board shall have the authority and power to adopt,
establish, enforce, and maintain rules and regulations applicable to
the practice of optometry adequate to put this chapter into effect and
to regulate the practice of optometry as a profession in conformity
with and in compliance with accepted professional standards. Pro-
vided however, the board shall not provide by rule to restrict the
1280
GENERAL ACTS AND RESOLUTIONS, VOL. I
location of the practice of a licensed doctor of optometry, and any
such rule now in effect shall be null and void.
Section 4. Said chapter is further amended by adding immedi-
ately following Code Section 43-30-6 a new Code Section 43-30-6.1 to
read as follows:
43-30-6.1. Persons holding a license or certificate of registra-
tion issued by the board shall display that license or certificate in a
conspicuous place in that persons principal place of practice.
Section 5. Said chapter is further amended by striking subsec-
tion (a) of Code Section 43-30-9 and inserting in its place a new
subsection (a) to read as follows:
(a) The board shall refuse to issue its certificate of registration
and may revoke its certificate of registration issued to any person who
is not of good moral character, or who commits an act involving moral
turpitude, or who is guilty of unprofessional conduct, or whose
certificate was issued through error, fraud, or perjury, or who know-
ingly makes any fraudulent, misleading, or deceptive statement in
any form of advertising, or who makes any statement in any advertis-
ing concerning the quality of optometric services rendered by the
registrant or licensee or any optometrist associated with him.
Section 6. Said chapter is further amended by striking Code
Section 43-30-15 and inserting in its place a new Code Section 43-30-
15 to read as follows:
43-30-15. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the State Board of Examiners in
Optometry shall be terminated on July 1,1988, and this chapter and
any other laws relating to such board shall be repealed in their
entirety effective on the date specified in Code Section 43-2-8.
Part 3
Section 7. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
GEORGIA LAWS 1982 SESSION
1281
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
GEORGIA PUBLIC ASSISTANCE ACT OF 1965
AMENDED.
Code Section 49-4-17.1 Enacted.
No. 1418 (Senate Bill No. 603).
AN ACT
To amend an Act known as the Georgia Public Assistance Act of
1965, approved March 30,1965 (Ga. L. 1965, p. 385), as amended, so
as to provide for the establishment of pilot community work experi-
ence programs for certain unemployed recipients of aid to families
with dependent children; to provide for legislative findings; to amend
the Official Code of Georgia Annotated accordingly; to repeal certain
laws; to provide for effective dates and automatic repeal; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act known as the Georgia Public Assistance Act
of 1965, approved March 30,1965 (Ga. L. 1965, p. 385), as amended,
is amended by adding between Sections 18 and 19 a new Section 18.1
to read as follows:
1282
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 18.1. (a) The General Assembly finds that, pursuant to
newly amended Section 409 of the federal Social Security Act, the
states have been given wide latitude to establish community work
experience programs for unemployed persons receiving aid to families
with dependent children. Such programs could be a valuable means
for these recipients to gain work experience while at the same time
making valuable contributions to those communities whose tax dol-
lars help support them.
(b) The Department of Human Resources shall establish pilot
community work experience programs in which unemployed persons
receiving aid to families with dependent children under this Act shall
be required to participate in order to be included in their public
assistance grant.. The programs shall provide work training and
experience for such persons who are not otherwise able to obtain
employment in order to assist them to move into regular or private
employment and become self supporting. These programs shall be
limited to projects which serve a useful public purpose in Helds which
include, without being limited to, health, social service, environ-
mental protection, education, urban and rural development and
redevelopment, welfare, recreation, public facilities, public safety,
and day care.
Part 2
Section 2. Article 1, Chapter 4, Title 49 of the Official Code of
Georgia Annotated, which article relates to general provisions regard-
ing public assistance, is amended by adding between Code Sections
49-4-17 and 49-4-18 a new Code Section 49-4-17.1 to read as follows:
49-4-17.1. (a) The General Assembly finds that, pursuant to
newly amended Section 409 of the federal Social Security Act, the
states have been given wide latitude to establish community work
experience programs for unemployed persons receiving aid to families
with dependent children. Such programs could be a valuable means
for these recipients to gain work experience while at the same time
making valuable contributions to those communities whose tax dol-
lars help support them.
(b) The Department of Human Resources shall establish pilot
community work experience programs in which unemployed persons
receiving aid to families with dependent children under this article
shall be required to participate in order to be included in their public
GEORGIA LAWS 1982 SESSION
1283
assistance grant. The programs shall provide work training and
experience for such persons who are not otherwise able to obtain
employment in order to assist them to move into regular or private
employment and become self supporting. These programs shall be
limited to projects which serve a useful public purpose in fields which
include, without being limited to, health, social service, environ-
mental protection, education, urban and rural development and
redevelopment, welfare, recreation, public facilities, public safety,
and day care.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
MOTOR VEHICLES CARE OWED PASSENGERS
BY OPERATORS.
Code Sections 105-104.1, 51-1-36
Enacted.
No. 1419 (Senate Bill No. 608).
AN ACT
To amend Code Title 105, relating to torts, as amended, so as to
provide that the operator of a motor vehicle owes to passengers
1284
GENERAL ACTS AND RESOLUTIONS, VOL. I
therein a duty of ordinary care; to amend the Official Code of Georgia
Annotated accordingly; to provide effective dates; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Title 105, relating to torts, as amended, is
amended by adding between Code Sections 105-104 and 105-105 a
new Code section to be known as Code Section 105-104.1, to read as
follows:
105-104.1. Duty of Ordinary Care Owed by Operator of Motor
Vehicle to Passengers Therein. The operator of a motor vehicle owes
to passengers therein the same duty of ordinary care owed to others.
Part 2
Section 2. Chapter 1 of Title 51 of the Official Code of Georgia
Annotated, relating to tort law in general, is amended by adding a new
Code Section 51-1-36 to read as follows:
51-1-36. The operator of a motor vehicle owes to passengers
therein the same duty of ordinary care owed to others.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1285
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
THE ECONOMIC REHABILITATION ACT OF
1975 AMENDED.
Code Section 49-8-7 Enacted.
No. 1420 (Senate Bill No. 622).
AN ACT
To amend an Act entitled The Economic Rehabilitation Act of
1975, approved April 28,1975 (Ga. L. 1975, p. 1645), so as to clarify
the purpose of said Act; to change the provisions relative to the
administration of certain community service programs; to amend the
Official Code of Georgia Annotated accordingly; to provide effective
dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act entitled The Economic Rehabilitation Act of
1975, approved April 28,1975 (Ga. L. 1975, p. 1645), is amended by
adding a new section immediately following Section 6, to be desig-
nated Section 6A, to read as follows:
Section 6A. Henceforth the administration of the Board of
Human Resources policy is to be performed upon providing the
opportunity for the local subdivisions of government to accept or
reject the propositions for planning and delivering of services
requested. Should the proposition be accepted or rejected, services
should meet those minimum requirements of the Department of
Human Resources based upon a sound cost and program efficiency
1286
GENERAL ACTS AND RESOLUTIONS, VOL. I
and effective evaluation. Further, the Department of Human
Resources, if deemed appropriate, should utilize existing service
delivery systems and comply with federal legislation governing the
affected area, an example being The Omnibus Reconciliation Act of
1981, P.L. 97-35, regarding the Community Services Block Grant.
Part 2
Section 2. Chapter 8 of Title 49 of the Official Code of Georgia
Annotated, relating to economic rehabilitation services, is amended
by adding at the end of said chapter a new Code Section 49-8-7 to read
as follows:
49-8-7. Henceforth the administration of the Board of Human
Resources policy is to be performed upon providing the opportunity
for the local subdivisions of government to accept or reject the
propositions for planning and delivering of services requested.
Should the proposition be accepted or rejected, services should meet
those minimum requirements of the Department of Human
Resources based upon a sound cost and program efficiency and
effective evaluation. Further, the Department of Human Resources,
if deemed appropriate, should utilize existing service delivery systems
and comply with federal legislation governing the affected area, an
example being The Omnibus Reconciliation Act of 1981, P.L. 97-35,
regarding the Community Services Block Grant.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1287
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
RETIRED STATE COURT JUDGES MAY
PERFORM MARRIAGE CEREMONIES.
Code Section 15-7-5 Amended.
No. 1421 (Senate Bill No. 624).
AN ACT
To amend Code Section 15-7-5 of the Official Code of Georgia
Annotated, relating to judges of other state courts serving and retired
judges serving, so as to provide that retired state court judges shall be
authorized to perform marriage ceremonies; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 15-7-5 of the Official Code of Georgia
Annotated, relating to judges of other state courts serving and retired
judges serving, is amended by adding at the end thereof a new
subsection (c) to read as follows:
(c) A retired judge or a judge emeritus of a state court shall be
vested with the same authority as an active judge of this state for the
purpose of performing marriage ceremonies.
Section 2. This Act shall become effective on November 1,1982.
1288
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
REVENUE SHORTFALL RESERVE ACT AMENDED.
Code Section 45-12-93 Amended.
No. 1423 (Senate Bill No. 663).
AN ACT
To amend an Act creating the Revenue Shortfall Reserve,
approved March 5,1976 (Ga. L. 1976, p. 420), so as to provide that a
percentage of net revenue collections shall be reserved from state
surplus at the end of each fiscal year for the purpose of providing the
Midyear Adjustment Reserve; to provide for matters relative thereto;
to amend the Official Code of Georgia Annotated accordingly; to
provide effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act creating the Revenue Shortfall Reserve,
approved March 5,1976 (Ga. L. 1976, p. 420), is amended by adding a
new section to be known as Section 1A to read as follows:
Section 1A. The State Auditor shall reserve from State surplus
as of June 30 of each fiscal year an amount equal to one percent of the
net revenue collections of such fiscal year, to the extent that such
surplus is available therefor, before provision has been made for the
Revenue Shortfall Reserve as specified in Section 1. This reserve
shall be entitled the Midyear Adjustment Reserve and shall be
available for appropriation by the General Assembly of Georgia for
such purposes as it may select.
GEORGIA LAWS 1982 SESSION
1289
Part 2
Section 2. Code Section 45-12-93 of the Official Code of Georgia
Annotated, relating to the revenue shortfall reserve, is amended by
designating the existing language as subsection (a) and adding a
subsection (b) to read as follows:
(b) As of June 30 of each fiscal year, the state auditor shall
reserve from the state surplus an amount equal to 1 percent of the net
revenue collections of such fiscal year, to the extent that such surplus
is available therefor. This amount shall be reserved before the
amount shall be reserved for the revenue shortfall reserve as provided
in subsection (a). This reserve shall be entitled the midyear adjust-
ment reserve and shall be available for appropriation by the General
Assembly of Georgia for such purposes as it may select.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
1290
GENERAL ACTS AND RESOLUTIONS, VOL. I
MOTOR VEHICLES SPEED LIMITS IN
CONSTRUCTION AREAS.
Code Sections 68A-802, 40-6-181 Amended.
No. 1424 (Senate Bill No. 667).
AN ACT
To amend Code Section 68A-802, relating to maximum lawful
vehicle speeds, so as to change the maximum lawful vehicle speed in
construction or maintenance areas; to provide for the modification of
maximum lawful vehicle speeds; to amend Official Code of Georgia
Annotated Section 40-6-181, relating to maximum lawful vehicle
speeds, so as to provide therein for the same change described above;
to provide effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Section 68A-802, relating to maximum lawful
vehicle speeds, is hereby amended by striking from subparagraph (2)
thereof the following:
The maximum speed limits set forth in this section may be
altered as authorized in Section 68A-803 and 68A-804 of this title.,
and by adding two new subparagraphs to read as follows:
(3) Forty miles per hour in any location which is within or
adjacent to a construction or maintenance area when a sign prescrib-
ing that maximum vehicle speed limit is displayed.;
(4) The maximum speed limits set forth in this section may be
altered as authorized by Section 68A-803 and 68A-804 of this title.;
so that when so amended Code Section 68A-802 shall read as follows:
68A-802. Maximum limits. Except when a special hazard exists
that requires a lower speed for compliance with Section 68A-801 of
this title, the limits hereinafter specified or established as hereinafter
GEORGIA LAWS 1982 SESSION
1291
authorized shall be maximum lawful vehicle speeds, and no person
shall drive a vehicle at a speed in excess of the following maximum
limits:
(1) Thirty miles per hour in any urban or residence dis-
trict.
(2) Fifty-five miles per hour in other locations.
(3) Forty miles per hour in any location which is within or
adjacent to a construction or maintenance area when a sign
prescribing that maximum vehicle speed limit is displayed.
(4) The maximum speed limits set forth in this section may
be altered as authorized in Section 68A-803 and 68A-804 of this
title.
Part 2
Section 2. Official Code of Georgia Annotated Section 40-6-181,
relating to maximum lawful vehicle speeds, is hereby amended by
adding at the end of paragraph (b) thereof a new subpart to read as
follows:
(3) Forty miles per hour in any location which is within or
adjacent to a construction or maintenance area when a sign prescrib-
ing that maximum vehicle speed limit is displayed.;
so that when so amended Official Code of Georgia Section 40-6-181
shall read as follows:
40-6-181(a). The limits specified in this Code Section or estab-
lished as authorized in this article shall be the maximum lawful
vehicle speeds, except when a special hazard exists that requires a
lower speed for compliance with Code Section 40-6-180.
(b) No person shall drive a vehicle at a speed in excess of the
following maximum limits:
(1) Thirty miles per hour in any urban or residential
district;
1292
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Fifty-five miles per hour in other locations.
(3) Forty miles per hour in any location which is within or
adjacent to a construction or maintenance area when a sign
prescribing that maximum vehicle speed limit is displayed.
(c) The maximum speed limits set forth in this Code Section
may be altered as authorized in Code Sections 40-6-182 and 40-6-
183.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 14,1982.
ELECTIONS GEORGIA ELECTION CODE
AMENDED.
Code Title 21, Chapter 2 Amended.
No. 1425 (Senate Bill No. 689).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
known as the Georgia Election Code, so as to provide that the General
GEORGIA LAWS 1982 SESSION
1293
Assembly may by local act create a board of elections in any county of
this state and empower the board with the powers and duties of the
election superintendent relating to the conduct of elections; to pro-
vide that the General Assembly may by local act create a board of
elections and registration in any county of this state and empower the
board with the powers and duties of the election superintendent
relating to the conduct of elections and with the powers and duties of
the board of registrars relating to the registration of voters and
absentee balloting procedures; to provide for the appointment, com-
pensation, and duties of chief deputy registrars; to change the provi-
sions relating to qualifications of registrars and deputy registrars; to
provide for each applicant to complete two registration cards and for
the registrar to forward one of such cards to the registrar of the
municipality under certain circumstances; to change the provisions
relating to form of registration cards for use by applicants for regular
and absentee registration; to provide for the counting of votes of
certain electors when no election is conducted because all candidates
are unopposed; to change the provisions relating to procedures as to
printing of ballots; to change the provisions relating to general
requirements as to vote recorders; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section p Title 21 of the Official Code of Georgia Annotated,
known as the Georgia Election Code, is amended by striking the word
and number Part 1 in Article 2 of Chapter 2 of Title 21 and
inserting in lieu thereof the following:
Part 1
Subpart 1.
Section 2. Said title is further amended by adding a new Subpart
2 at the end of Part 1 of Article 2 of Chapter 2 of Title 21 to read as
follows:
1294
GENERAL ACTS AND RESOLUTIONS, VOL. I
Subpart 2
21-2-40. (a) The General Assembly may by local act create a
board of elections in any county of this state and empower the board
with the powers and duties of the election superintendent relating to
the conduct of elections.
(b) The General Assembly may by local act create a board of
elections and registration in any county of this state and empower the
board with the powers and duties of the election superintendent
relating to the conduct of elections and with the powers and duties of
the board of registrars relating to the registration of voters and
absentee balloting procedures.
Section 3. Said title is further amended by striking in its entirety
subsection (b) of Code Section 21-2-212, which reads as follows:
(b) In every county wherein the registrars do not maintain an
office which is open and staffed during regular business hours when
the office of the tax commissioner or tax collector is open, the tax
commissioner or the tax collector shall be a deputy to the board of
registrars. He shall perform the duties required of him under this
article with no extra compensation unless the governing authority so
authorizes. He may, with the prior approval of the board, designate
one or more of his own deputies to act as additional deputies.,
and inserting in lieu thereof a new subsection (b) to read as follows:
(b) In every county wherein the registrars do not maintain an
office which is open and staffed during regular business hours, the
registrar shall designate and appoint as chief deputy registrar a full-
time county officer or employee for the purpose of registering eligible
electors and performing other duties as may be required by the board
of registrars. The governing authority of tbe county shall provide for
the compensation of the chief deputy registrar. The name, business
address, telephone number, and any other pertinent information
relative to the chief deputy registrar shall be forwarded by the
registrar to the Secretary of States office, where such information
shall be maintained on file.
Section 4. Said title is further amended by striking in its entirety
subsection (a) of Code Section 21-2-213 and inserting in lieu thereof a
new subsection (a) to read as follows:
GEORGIA LAWS 1982 SESSION
1295
(a) Registrars and deputy registrars shall be electors of the
county 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 county board of elections,
or within a period of six months after so serving, shall be eligible for
any nomination or office to be voted for at a primary or election or to
qualify for any nomination or office or to have his name placed on any
primary or election ballot pursuant to Code Sections 21-2-132 and 21-
2-153 or to give notice of his intention of write-in candidacy; pro-
vided, however, that this ineligibility shall not apply to a tax commis-
sioner or tax collector or to any candidate for such office of tax
commissioner or tax collector. However, nothing contained in this
Code section shall preclude a registrar, deputy registrar, or member of
a county board of elections from qualifying for, or having his name
placed on the ballot, or holding office in a political party or body or
serving as a presidential elector.
Section 5. Said title is further amended by striking Code Section
21-2-217 in its entirety and inserting in lieu thereof a new Code
Section 21-2-217 to read as follows:
21-2-217. (a) The registration cards for use by persons other
than absentee applicants shall, after March 18, 1976, be in the
following form only, but cards existing as of that date are not required
to be changed. The form may be printed on cards or separate sheets,
but for convenience, the card or sheets of paper shall be referred to as
the registration card.
REGISTRATION CARD
Name__________________________________________
(Printed (First) (Middle or (Maiden) (Last)
or Typed) Initial)
Election District_____________________________
Residence Address ____________________________
(Town (County) (State) (Zip Code)
or City)
1296
GENERAL ACTS AND RESOLUTIONS, VOL. I
Place of Birth_________________________________________________
(Town (County) (State) (Zip Code)
or City)
Date of Birth__________________________Sex_____________________
(Month) (Day) (Year)
Height_____________Race________________
Social Security No.____________________________________________
(If known at the time of application)
Mothers Maiden Name___________________________________________
Fathers Name__________________________________________________
Will assistance in voting be required in the manner permitted by
Code Section 21-2-409? (Yes) (No)
Georgia,___________________County.
I do swear (or affirm) that I am a citizen of the United States,
the State of Georgia, and this county; that I am at least 18 years of
age, or will be on the_____day of_______________19______; that I
possess the qualifications of an elector required by the laws of this
state; that I am not registered to vote in any other county, or I am
registered in___________County of the State of_____________and
request cancellation of my registration; that I am not registered to
vote under any other name; that I have correctly answered the
questions appearing elsewhere on this card under the words:
Questions Propounded to Applicant; and that the information
contained on this card is true.
(Sign here) _______________
Sworn to (or affirmed) and subscribed before me this
____ day of ___________, 19 , at the following location:
(Deputy) Registrar
GEORGIA LAWS 1982 SESSION
1297
QUESTIONS PROPOUNDED TO APPLICANT
Have you ever been convicted in any court of competent jurisdic-
tion of treason against the state, of embezzlement of public funds,
malfeasance in office, bribery, or larceny, or of any crime involving
moral turpitude, punishable by the laws of this state or any other
state with imprisonment in the penitentiary? If so, what was the
offense, the place, and court of conviction and the approximate date?
If so, and if pardoned, what was the date of the pardon?
Board of Registrars
BY:
(The space above shall be marked approved or rejected after the
examination of the applicants qualification.)
(b) The registration cards for use by applicants for absentee
registration shall be in the same form as the above form of registration
card, except that the affidavit and questions propounded to the
applicant portions shall be eliminated and in lieu thereof the follow-
ing form of affidavit shall be used:
I do swear (or affirm) that I am a citizen of the United States,
1298
GENERAL ACTS AND RESOLUTIONS, VOL. I
the State of Georgia, and this county; that I am at least 18 years of
age, or will be on the_______________day of____________, 19_; that
my residence for voting purposes is located at__________________in
such county; that my temporary address outside of this state is
________________; or that I am otherwise qualified to register by
absentee registration for the following reasons_________________;
that I possess the qualifications of an elector required by the
Constitution of the State of Georgia; that I am not registered to
vote in any other county, or I am registered in________County of
the state of________________and request cancellation of my regis-
tration; that I am not registered to vote under any other name;
that I have never been convicted in any court of competent
jurisdiction of treason against the State of Georgia, of embez-
zlement of public funds, malfeasance in office, bribery, or larceny,
or of any crime involving moral turpitude, punishable by the laws
of the State of Georgia with imprisonment in the penitentiary or,
if so convicted, that I was pardoned on________________; and that
the information contained elsewhere on this card is true.
(Sign here) _______________
(This affidavit or affirmation must be sworn to or affirmed before
an official authorized to administer oaths by the law of the place of
executing this application.)
Sworn to (or affirmed) and subscribed before me this
_________ day of_______________, 19_j?eat the following location:
(Signature of official administering oath.)
(Typed or printed name and office of official.)
(Typed or printed identification number, if
any, and address of such official if security
requirements permit.)
(c) The board of registrars may require that registration cards be
executed in duplicate.
GEORGIA LAWS 1982 SESSION
1299
(d) So that all voter registration cards may be uniform through-
out all 159 counties of the state, the Secretary of State is authorized to
administer this Code section.
Section 6. Said title is further amended by adding at the end of
Code Section 21-2-217 two new subsections, to be designated subsec-
tions (e) and (f), to read as follows:
(e) In cases where a municipality does not elect to use the
county registration system, the registrar or deputy registrar shall
require the applicant to complete two registration cards and the
registrar shall forward one of such registration cards to the city clerk
of the municipality. The city clerk shall transmit such registration
cards to the registrar of the municipality who shall check the name
and identifying information of each applicant against the registration
cards on file in the municipality so as to ensure that no voter is
registered twice. If the registrar finds the applicant meets the
qualifications for registration in the municipality, the registration
card shall be placed on file in the registrars office and the applicants
name shall be added to the electors list.
(f) Notwithstanding any other provision of this Code to the
contrary, the board of registrars for the county shall appoint the
registrars in each municipality in the county, except in those munici-
palities electing to use the county registration lists, as deputy
registrars of the county.
Section 7. Said title is further amended by adding at the end of
Code Section 21-2-231 a new subsection, to be designated subsection
(d), to read as follows:
(d) If the county is furnishing the electors list to a municipality,
each elector in the municipality shall be given credit for having voted
when no election has been held due to all candidates being unop-
posed.
Section 8. Said title is further amended by striking Code Section
21-2-288 in its entirety and inserting in lieu thereof a new Code
Section 21-2-288 to read as follows:
21-2-288. If two or more candidates for the same nomination or
office shall have the same or similar names, the Secretary of State, in
the case of federal or state offices, or the superintendent of elections,
1300
GENERAL ACTS AND RESOLUTIONS, VOL. I
in the case of county offices, shall print or cause to be printed the
residence of all candidates for such nomination or office on the ballot
under their names. The designated official shall determine whether
the names of the candidates are of such a similar nature as to warrant
printing the residence of all candidates for that office on the ballot;
and the decision of the designated official shall be conclusive.
Section 9. Said title is further amended by striking in its entirety
paragraph (2) of Code Section 21-2-350 and inserting in lieu thereof a
new paragraph (2) to read as follows:
(2) It shall permit each elector, at other than primaries, to vote
a straight party or body ticket, with the exception of candidates for
the offices of presidential electors, in one operation per ballot card;
and in one operation per ballot card, to vote for all the candidates of
one party or body for presidential electors; or, in one operation per
ballot card, to vote for all the candidates of one party or body for
every office to be voted for except those offices as to which he votes
for individual candidates and the offices of presidential electors;.
Section 10. This Act shall become effective November 1,1982.
Section 11. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 14,1982.
LAND CONVEYANCE TO GEORGIA EASTER SEAL
SOCIETY, INC.
No. 86 (Senate Resolution No. 120).
A RESOLUTION
Authorizing the State of Georgia, acting by and through its
Department of Human Resources, to make approximately 70 acres of
land in Meriwether County, Georgia, available to Georgia Easter Seal
GEORGIA LAWS 1982 SESSION
1301
Society, Inc., for the purpose of their constructing and operating
thereon camping facilities for handicapped citizens of Georgia; to
provide an effective date; and for other purposes.
WHEREAS, the State of Georgia is the owner of approximately 70
acres of land located in Meriwether County, Georgia; and
WHEREAS, the Roosevelt Warm Springs Institute for Rehabili-
tation, which is operated by the Department of Human Resources, is
located on property which includes the aforesaid approximately 70
acres of land; and
WHEREAS, the aforesaid approximately 70 acres of land is
appropriate for the joint needs and use of the State of Georgia and its
Department of Human Resources in its operation of the Roosevelt
Warm Springs Institution for Rehabilitation and Georgia Easter Seal
Society, Inc.; and
WHEREAS, Georgia Easter Seal Society, Inc., a nonprofit organi-
zation providing rehabilitation services to handicapped citizens of
Georgia, desires to utilize a portion of said land being more particu-
larly described as follows:
All that tract of land, containing approximately 70 acres, situate,
lying and being adjacent to the City of Warm Springs in Meriwether
County, Georgia, and being more particularly described as follows:
Beginning at a point South 62 49 19 West 75 feet from iron
pin on Southwest side of Pine Road across from Institute house
known as Wilson Cottage; then South 62 49 19 West 888 feet
to iron pin; then South 88 04 31 West 228.65 feet to iron pin;
then South 88 04 33 West 1847 feet ; then due North 600 feet
; then North 45 0 East 1400 feet ; then due East 250 feet to
a point on Southwest side of Pine Road; then follow a line 150 feet
Southwest of center line of Pine Road 2150 feet to the point of
beginning, containing approximately 70 acres .;
and
WHEREAS, Georgia Easter Seal Society, Inc., desires to con-
struct and operate on said approximately 70 acres of land camping
facilities for handicapped citizens of Georgia and desires to allow the
Department of Human Resources to utilize said facilities, based upon
a mutually agreed upon schedule of joint utilization.
1302
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
Department of Human Resources, is hereby authorized and empow-
ered to take appropriate action to make said approximately 70 acres
of land available to Georgia Easter Seal Society, Inc., for the purpose
of their constructing and operating thereon camping facilities for
handicapped citizens of Georgia. There shall be a cooperative agree-
ment signed by representatives of the Department of Human
Resources and the Georgia Easter Seal Society, Inc., which provides
the Department of Human Resources sufficient utilization of the
camping facility.
Section 2. That said appropriate action which the State of
Georgia, acting by and through the Department of Human Resources,
is hereby authorized and empowered to take shall be under whatever
terms and conditions the Department of Human Resources may
impose and may take the form of a rental, lease, license, or deed
transaction of either all or a portion of the rights, title, and interests
which the State of Georgia, acting by and through the Department of
Human Resources, has in and to the said approximately 70 acres of
land; provided, however, that any and all agreements pertaining to
the above described property shall be submitted to the State Proper-
ties Commission for approval prior to any execution by the State of
Georgia, acting by and through the Department of Human Resources.
Section 3. That the State of Georgia, acting by and through the
Department of Human Resources, is authorized to revise the above
description in order to conform with an accurate plat of survey of all
or a portion of the said approximately 70 acres of land if such plat of
survey is approved by the Department of Human Resources.
Section 4. That said appropriate action referenced above in
Sections 1 and 2 of this resolution if taken by the State of Georgia,
acting by and through the Department of Human Resources and
approved by the State Properties Commission, is hereby declared by
the General Assembly to be in the best interests of the public and the
taxpayers of Georgia.
GEORGIA LAWS 1982 SESSION
1303
Section 5. That this resolution shall become effective upon its
approval by the Governor or upon its becoming law without his
approval.
Approved April 14,1982.
JOINT CHILDREN AND YOUTH STUDY
COMMITTEE CREATED.
No. 87 (Senate Resolution No. 171).
A RESOLUTION
Creating the Joint Children and Youth Study Committee; and for
other purposes.
WHEREAS, crime and violence by juveniles is the fastest growing
segment of crime in the United States; and
WHEREAS, such violence has begun to reach epidemic propor-
tions in some schools in this nation and in this state; and
WHEREAS, the General Assembly is deeply concerned about the
effect such violence and disruption is having on the youth and
particularly in the school systems in this state; and
WHEREAS, over 46,000 children were suspended from school and
several hundred expelled during 1977-78; and
WHEREAS, dropouts, expulsions, and suspensions cost the state
a tremendous amount in lost revenue and lost human potential; and
WHEREAS, child abuse and neglect are community concerns and
they occur at all economic levels; and
WHEREAS, the Child Abuse Central Registry has recently pub-
lished physical and sexual abuse trends which show an increase in
cases; and
1304
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the present juvenile justice system needs to be
studied to determine where improvements need to be made and also
to determine if alternative procedures and programs are needed.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that there is hereby created the Joint
Children and Youth Study Committee to be composed of four mem-
bers of the Senate appointed by the President of the Senate, four
members of the House appointed by the Speaker of the House, two
citizens at large appointed by the President of the Senate, and two
citizens at large appointed by the Speaker of the House. The
committee shall elect its chairman or co-chairman at its initial
meeting. The committee shall be authorized to study and make
recommendations regarding the entire juvenile justice system of this
state, regarding troubled children and child abuse and neglect, and
regarding behavioral problems of students from elementary through
high school. The committee is further authorized to conduct meet-
ings at such places and at such times as it considers expedient and to
do all other things consistent with this resolution which are necessary
or convenient to enable it to exercise fully and adequately its powers,
perform its duties, and accomplish the objectives and purposes of this
resolution. The committee shall be authorized to conduct a regional
conference of state legislators on children and youth issues. The
Department of Education and other state agencies shall assist and
support the committee in its study. The committee shall establish an
advisory committee made up of representatives from various profes-
sional groups and associations, state agency personnel, and others
designated by the committee, such advisory committee members to
serve without compensation. In order to carry out adequately its
duties and responsibilities, the committee shall be authorized to have
a staff person to serve at the committees direction. Each member of
the committee shall receive for his services on the committee the
expenses and allowances authorized by law for members of legislative
committees, but for no longer than 15 days unless an extension is
obtained from the President of the Senate and the Speaker of the
House. The funds necessary to carry out the provisions of this
resolution shall come from the funds appropriated to or available to
the legislative branch of government. The committee shall stand
abolished on December 31,1982.
Approved April 14,1982.
GEORGIA LAWS 1982 SESSION
1305
LAND CONVEYANCE TO J. P. STEVENS & CO.
AUTHORIZED.
No. 88 (Senate Resolution No. 229).
A RESOLUTION
Authorizing the conveyance of certain real property located in
Baldwin County, Georgia, to J. P. Stevens & Co., Inc.; and for other
purposes.
WHEREAS, the State of Georgia is the owner of certain real
property located in Baldwin County, Georgia, which property was
leased and is still under lease to J. P. Stevens & Co., Inc., pursuant
to a resolution enacted by the General Assembly authorizing the lease
of such property, approved April 23,1969 (Ga. L. 1969, p. 626); and
WHEREAS, said tract or parcel of land is more fully described as
follows:
Beginning at a point on the southeastern right-of-way line of the
Georgia Railroad, said point of beginning being located a distance of
three hundred and twenty-eight and 75/100 feet (328.75) S 53 degrees
30 minutes W along the northeastern right-of-way line of the Georgia
Railroad and S 36 degrees 30 minutes E a distance of one hundred and
fifty and 00/100 feet from the most easterly corner of the property
presently owned by J. P. Stevens & Co., Inc.
Commencing at the point of beginning and going N 53 degrees 30
minutes E, a distance of seven hundred and twenty-four and 67/100
(724.67) feet along the southeastern right-of-way line of the Georgia
Railroad to a corner; thence S 14 degrees 36 minutes 30 seconds E, a
distance of nine hundred and fifty and 36/100 (950.36) feet to a
corner; thence S 75 degrees 23 minutes 30 seconds W, a distance of
seven hundred and eighty-three and 58/100 (783.58) feet to the center
of an unpaved road and a corner; thence N 25 degrees 45 minutes 30
seconds W, a distance of one hundred and forty-two and 27/100
(142.27) feet to a point in said unpaved road; thence N 12 degrees 45
minutes 30 seconds W, a distance of two hundred and 00/100 (200.00)
feet to a point in said road; thence N 04 degrees 54 minutes W, a
distance of one hundred and 00/100 (100.00) feet to a point in said
road; thence N 01 degrees 27 minutes 30 seconds E, a distance of one
hundred and 00/100 (100.00) feet to a point in said road; thence Nil
1306
GENERAL ACTS AND RESOLUTIONS, VOL. I
degrees 55 minutes 300 seconds E, a distance of one hundred and 00/
100 (100.00) feet to a point in said road; thence N 22 degrees 05
minutes E, a distance of seventy-two and 28/100 (72.28) feet to a point
in the center of said unpaved road and the point of beginning; said
parcel of land described herein containing fourteen and 28/100
(14.28) acres.;
and
WHEREAS, the property is being used for an equalization basin
in connection with the City of Milledgeville waste treatment plant;
and
WHEREAS, the tract of land is no longer needed by the State of
Georgia and is, therefore, surplus.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
Section 1. The State of Georgia is the owner of the above-
described property and, 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. The State Properties Commission is authorized to
convey the above-described property by sale for a consideration not
less than the fair market value to J. P. Stevens & Co., Inc., upon
such terms and conditions as the State Properties Commission shall
determine to be in the best interests of the State of Georgia.
Section 3. The State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect
such conveyance.
Section 4. This resolution shall become effective as law immedi-
ately upon its approval by the Governor or upon its becoming law
without his approval.
GEORGIA LAWS 1982 SESSION
1307
Section 5. All laws and parts of laws in conflict with this
resolution are repealed.
Approved April 14,1982.
EASEMENT TO GOLDEN ISLES MARINA, INC.
No. 89 (Senate Resolution No. 249).
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 a
nonexclusive easement in and to certain state-owned real property
situated in the Frederica River, Glynn County, Georgia, to Golden
Isles Marina, Inc.; and for other purposes.
WHEREAS, Golden Isles Marina, Inc., proposes to construct,
repair, replace, and expand the existing marina located on or adjacent
to Lanier Island on the Frederica River in Glynn County, Georgia, at
the southerly side of the Brunswick-St. Simons Island Causeway
(F. J. Torras Causeway); and
WHEREAS, said expanded marina facilities will include piers,
docks, floating docks, buildings, pilings, dolphins, marine railway,
and appurtenances thereto located partially on lands owned or
claimed by the State of Georgia; and the Golden Isles Marina, Inc.,
desires a nonexclusive easement from the State of Georgia over and
through such land in order to construct, operate, and maintain said
marina facilities; and
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
1308
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 said nonexclusive easement to
Golden Isles Marina, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the
hereinafter described real property, hereinafter referred to as the
property, and that, in all matters relating to 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 Golden Isles Marina, Inc., a
nonexclusive easement over, through, upon, and across the property
for the sole purpose of operating and maintaining a marina and the
expansion of the existing marina and constructing of marina related
buildings, installing, maintaining, repairing, removing, and replacing
marina related buildings, structures, piers, docks, floating docks,
marine railway, dolphins, pilings, appurtenances thereto, and all
facilities and improvements that shall be reasonably for or in connec-
tion therewith on the west bank of the Frederica River, hereinafter
more fully described, subject always to the initial and continuing
compliance by Golden Isles Marina, Inc., with all applicable laws
pertaining to the subject matter hereof and the properties affected
hereby and subject always to the use and enjoyment of the public of
any navigable waters involved herein.
Section 3. That said nonexclusive easement further be subject to
the following:
(1) The consideration for the conveyance of said non-
exclusive easement shall be as determined by the State Properties
Commission, acting in the best interests of the State of Georgia;
(2) That Golden Isles Marina, Inc., prepare and submit to
the State Properties Commission a plat of survey and legal
description of the desired nonexclusive easement area;
(3) That the State Properties Commission shall obtain,
prior to conveyance of said nonexclusive easement, a written
report from the Department of Transportation that the use of the
GEORGIA LAWS 1982 SESSION
1309
to be determined nonexclusive easement area will not interfere
with any plans for expansion, modification, or new construction of
the F. J. Torras Causeway;
(4) The provisions of the Coastal Marshlands Protection
Act of 1970 (Ga. L. 1970, p. 939, as amended) and all applicable
laws, rules, and regulations of the State of Georgia and the United
States regarding the use and development of the property; and
(5) Such other terms and conditions, including, without
limitation, the specification of the term of said nonexclusive
easement, as determined by the State Properties Commission to
be in the best interests of the State of Georgia.
Section 4. That the State Properties Commission is authorized
and empowered to do all acts and things necessary and proper to
effect such conveyance.
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 repealed.
Approved April 14,1982.
LAND CONVEYANCE TO HABERSHAM COUNTY
BOARD OF EDUCATION.
No. 90 (Senate Resolution No. 250).
A RESOLUTION
Authorizing the conveyance of certain real property located in
Habersham County; and for other purposes.
1310
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the Habersham County Board of Education deeded
all property constituting the campus of North Georgia Technical and
Vocational School to the Georgia State Board of Education; and
WHEREAS, the Habersham County Board of Education has
requested that .57 acre of such property adjacent to Georgia Highway
197 be transferred back to the Habersham County Board of Educa-
tion; and
WHEREAS, the .57 acre is identified in land lot no. 84 of the 11th
land district of Habersham County and more particularly described
on a plat prepared by Mr. Hubert Lovell (Ga. Reg. No. 1553) for the
North Georgia Technical and Vocational School, dated February 18,
1980; and
WHEREAS, the above-described property is no longer needed by
the State Board of Education 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 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 authorized
to convey the above-described property to the Habersham County
Board of Education for a consideration of $1.00 and upon such further
terms and conditions as the State Properties Commission shall
determine to be in the best interests of the State of Georgia.
Section 3. That the State Properties Commission is authorized
and empowered to do all acts and things necessary and proper to
effect such conveyance.
Section 4. That this resolution shall become effective as law
immediately upon its approval by the Governor or upon its becoming
law without his approval.
GEORGIA LAWS 1982 SESSION
1311
Section 5. That all laws and parts of laws in conflict with this
resolution are repealed.
Approved April 14,1982.
SCHOOL FINANCE STUDY COMMISSION.
No. 91 (Senate Resolution No. 271).
A RESOLUTION
Creating the School Finance Study Commission; and for other
purposes.
WHEREAS, the Georgia Supreme Court on November 24,1981,
upheld the constitutionality of the existing system of financing public
education in Georgia; and
WHEREAS, while holding that the existing finance system is
constitutional, the court expressed its opinion that ...serious dispar-
ities in educational opportunities exist in Georgia and that legislation
currently in effect will not eliminate them; and
WHEREAS, the court observed that the resolution of the prob-
lems it noted should most appropriately be addressed by the General
Assembly and not the courts of our state; and
WHEREAS, the ruling of the Supreme Court should serve as an
incentive to the General Assembly to resolve the serious school
finance problems highlighted by the recent litigation.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the School Finance Study Commis-
sion is created which shall be composed of 15 members as follows:
(a) Three members of the Senate appointed by the President of
the Senate;
1312
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Three members of the House of Representatives appointed
by the Speaker of the House of Representatives;
(c) Seven members appointed by the Governor at the sole discre-
tion of the Governor;
(d) The State Superintendent of Schools or his designee; and
(e) The chairman of the State Board of Education or his
designee.
BE IT FURTHER RESOLVED that the commission shall con-
duct a comprehensive study of the existing system of financing the
public schools of this state. By way of example but not of limitation,
the commissions study may include the development of information
and recommendations on any of the following subjects:
(a) The appropriate funding relationships between local school
districts and the state;
(b) Pupil weighting, recognition of needs of the physically and
educationally handicapped, and other similar factors that may rea-
sonably relate to school finance considerations;
(c) Programs to equalize the revenue-producing ability of the
various school systems such as the district power equalizing provision
currently in effect but not funded in Georgia and similar provisions in
the laws of other states;
(d) The organizational structure of school systems in Georgia,
including how the number and size of the various school systems
relate to an adequate and equitable program of school finance; and
(e) The tax policy ramifications of any school finance alterna-
tives considered or recommended.
BE IT FURTHER RESOLVED that the various departments and
agencies of the state government shall cooperate with and assist the
commission in carrying out its duties under this resolution.
BE IT FURTHER RESOLVED that the organizational meeting
of the commission shall be held upon the joint call of the President of
the Senate and the Speaker of the House of Representatives. At the
GEORGIA LAWS 1982 SESSION
1313
organizational meeting, the commission shall elect a chairman from
its own membership and such other officers from its own membership
as the commission finds necessary or desirable. The commission shall
adopt its own rules of procedure and may meet at such times and
places as the commission shall determine.
BE IT FURTHER RESOLVED that the legislative members of
the commission shall receive the expenses and allowances provided by
law for legislative members of interim committees for attending
meetings of the commission. Members of the commission who are
private citizens shall be reimbursed for actual and necessary expenses
and travel expenses in the same manner and at the same rate as state
employees for attending meetings of the commission. State officials or
employees who serve on the commission shall be reimbursed for
actual and necessary expenses and travel expenses for attending
meetings of the commission from the funds of their respective state
departments or agencies. The members of the commission may meet
not exceeding ten days to carry out the purposes of this resolution.
All other funds necessary to carry out the provisions of this resolution
shall come from funds appropriated or available to the legislative
branch of state government.
BE IT FURTHER RESOLVED that the commission shall make a
report of its findings and recommendations, including proposed
legislation, to the Governor and all members of the General Assembly
on or before the date the General Assembly convenes in regular
session in 1983, on which date the commission shall stand abolished.
Approved April 14,1982.
CONGRESS URGED TO PROVIDE FOR REVIEW
OF RECORDS OF FEDERAL JUDGES.
No. 92 (Senate Resolution No. 275).
A RESOLUTION
Calling upon the United States Congress to pass an amendment to
the United States Constitution which would require that the record of
1314
GENERAL ACTS AND RESOLUTIONS, VOL. I
all federal judges be reviewed every eight years; and for other pur-
poses.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
WHEREAS, the framers of the Constitution of the United States,
in their collective wisdom, established a marvelous and unique form
of government; and
WHEREAS, the government consists of a centralized form made
up of three separate branches but with the ultimate power residing in
the people; and
WHEREAS, the legislative, executive, and judicial branches were
each created to operate as a check and balance on the exercise of
governmental power by each other; and
WHEREAS, federal judges are appointed for life and are there-
fore removable only through impeachment or voluntary retirement;
and
WHEREAS, this system of selecting federal judges appropriately
insulates them from the people and the government they serve; and
WHEREAS, it is advisable to improve the manner of selecting and
continuing in office the federal judges so that the interests of justice
and the people can be best served.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the Congress of the United States is
requested to institute procedures to provide that the record of all
federal judges be reviewed every eight years and that procedures be
available to remove judges found to be derelict in the performance of
their constitutional duties.
BE IT FURTHER RESOLVED that this legislature calls upon
the legislatures of each of the several states to adopt similar resolu-
tions and to forward such resolutions to the Congress.
GEORGIA LAWS 1982 SESSION
1315
BE IT FURTHER RESOLVED that copies of this resolution be
forwarded to the President of the Senate and the Speaker of the
House of Representatives of the United States and to all members of
the Georgia delegation in Congress.
BE IT FURTHER RESOLVED that copies of this resolution also
be prepared and forwarded to the Secretaries of State and to the
presiding officers of the legislatures of the several states.
Approved April 14,1982.
LAND CONVEYANCE TO BALDWIN COUNTY
BOARD OF EDUCATION.
No. 93 (Senate Resolution No. 281).
A RESOLUTION
Authorizing the conveyance of certain state owned property
located in Baldwin County, Georgia; to provide an effective date; to
repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of approximately
thirty-four and one-tenth (34.1) acres located in Baldwin County,
Georgia; and
WHEREAS, said property is under the custody and management
of the Department of Offender Rehabilitation; and
WHEREAS, said real property is all that tract or parcel of land
lying and being in Baldwin County, Georgia, and being generally
described as follows:
All that tract or parcel of land situate, lying and being in Land
Lots 236 and 251, First Land District, 321st District, G.M., Baldwin
County, Georgia, containing 34.1 acres, more or less, and being
generally bounded as follows: Beginning at a point on the western
1316
GENERAL ACTS AND RESOLUTIONS, VOL. I
property line of the Blandy Road at the point of intersection of the
northern property line of lands of the Regents of the University
System of Georgia (as shown on plat recorded in Deed Book 77 at
page 632) which point is marked by an iron pin; thence from said
point of beginning proceeding along the said property line of said
Regents south 71 degrees 44 minutes 18 seconds west for a distance of
1163.02 feet; thence south 75 degrees 35 minutes 18 seconds west for a
distance of 1260.88 feet to a point on the southeastern property line of
State Hospital Dairy Road; thence proceeding along the southeast-
erly property line of State Hospital Dairy Road along the arc of a
curve having a chord extending north 27 degrees 57 minutes 03
seconds east a distance of 87.25 feet; thence along the arc of a curve
extending north 36 degrees 33 minutes 23 seconds east a distance of
160.57 feet; thence along the arc of a curve having a chord extending
north 45 degrees 09 minutes 25 seconds east a distance of 189.28 feet;
thence along an arc of a curve having a chord extending north 53
degrees 28 minutes 40 seconds east for a distance of 184.01 feet;
thence north 58 degrees 06 minutes 28 seconds east for a distance of
327.29 feet; thence following the arc of a curve having a chord
extending north 47 degrees 40 minutes 33 seconds east a distance of
857 feet and arc length 861.75 feet; thence north 37 degrees 14
minutes 39 seconds east a distance of 195.66 feet; thence following the
arc of a curve having chord extending north 69 degrees 59 minutes 29
seconds east for a distance of 635.10 feet and arc length of 671.04 feet;
thence south 77 degrees 15 minutes 40 seconds east for a distance of
179.35 feet; thence proceeding along the property line of lands of the
State of Georgia south 09 degrees 25 minutes 58 seconds east a
distance of 107.50 feet, to a point on the western property line of the
Blandy Road; thence proceeding along the western property line of
the Blandy Road south 18 degrees 09 minutes west for a distance of
10.8 feet; thence following the arc of a curve having a chord extending
south 02 degrees 59 minutes 23 seconds west for a distance of 464.14
feet and an arc length of 469.6 feet; thence north 77 degrees 49
minutes 46 seconds east for a distance of 5 feet; thence following the
arc of a curve having a chord extending south 21 degrees 51 minutes
12 seconds east for a distance of 296.82 feet and an arc length of
298.24 feet to the point of beginning: all as shown on a plat of survey,
dated Feb. 1982, prepared by Walker McKnight, Registered Land
Surveyor No. 864, which plat is on file with the State Properties
Commission.;
and
GEORGIA LAWS 1982 SESSION
1317
WHEREAS, the property is no longer useful to or needed by the
State of Georgia and, therefore, is surplus.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF 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 authorized
to convey any or all of the above-described property to the Baldwin
County Board of Education for a consideration not less than the fair
market value, upon such terms and conditions as the State Properties
Commission shall determine to be in the best interests of the State of
Georgia.
Section 3. That the State Properties Commission is authorized
and empowered to do all acts and things necessary and proper to
effect such conveyance.
Section 4. That 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 repealed.
Approved April 14,1982.
GEORGIA MOTOR VEHICLE SAFETY WEEK.
No. 94 (Senate Resolution No. 310).
A RESOLUTION
To establish the third week of November annually as Georgia
Motor Vehicle Safety Week; and for other purposes.
1318
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the safety and health of our citizens are of primary
importance to the General Assembly; and
WHEREAS, the periodic maintenance of the family vehicle will
provide safer driving for family members and others; and
WHEREAS, the winter holiday season is a particularly hazardous
driving time; and
WHEREAS, the Department of Public Safety and private indus-
try, through their personnel and the news media, can promote car
inspection and maintenance during the third week of November.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that this body supports the establish-
ment of the third week of November every year as Georgia Motor
Vehicle Safety Week.
Approved April 14,1982.
GEORGIA-FLORIDA PARKWAY DESIGNATED.
No. 95 (Senate Resolution No. 324).
A RESOLUTION
Designating the Georgia-Florida Parkway; and for other purposes.
WHEREAS, in the spirit of cooperation and brotherhood between
the great State of Georgia and the great State of Florida; and
GEORGIA LAWS 1982 SESSION
1319
WHEREAS, in recognition of the continuing growth in trans-
portation needs between these two states, it is only fitting and proper
to designate a portion of the highways of Georgia as the Georgia-
Florida Parkway.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the portion of the highway in
Georgia, more fully described as follows:
Beginning at the point where Interstate Highway 75 intersects
with the Department of Transportations project number F-131-2(ll)
in Crisp County, Georgia; thence along such project in a southwest-
erly direction until such project intersects State Highway 257; thence
along Highway 257 in a southerly direction until such highway
intersects United States Highway 19; thence along Highway 19 in a
southerly direction until such highway intersects the border of
Georgia and Florida
is designated the Georgia-Florida Parkway.
BE IT FURTHER RESOLVED that the Department of Trans-
portation is authorized to place appropriate signs on the highway
hereinabove described designating it as the Georgia-Florida Parkway.
Approved April 14,1982.
ARMADILLO OLYMPICS DAY DESIGNATED.
No. 99 (House Resolution No. 265).
A RESOLUTION
Proclaiming an official Armadillo Olympics Day in Georgia; and
for other purposes.
WHEREAS, the armadillo population in Georgia is increasing at
an alarming rate and there is no known natural method of controlling
the population due to the lack of a natural predator in Georgia; and
1320
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the control of armadillos is necessary to keep a
natural balance in our wildlife population as well as to protect our
farmers from crop loss; and
WHEREAS, the meat of the armadillo is delicious and highly
nutritious and the consumption thereof will help fight inflationary
food prices; and
WHEREAS, the Brantley County Chapter Future Farmers of
America has, for several years, sponsored an annual Armadillo
Roundup and Olympics with great success.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the second Saturday in May of each
year shall be set aside and officially designated and proclaimed as
Armadillo Olympics Day in Georgia.
Approved April 14,1982.
SELECT COMMITTEE ON CONSTITUTIONAL
REVISION EXTENDED.
No. 100 (House Resolution No. 514).
A RESOLUTION
To amend a resolution creating the Select Committee on Constitu-
tional Revision, approved March 30, 1977 (Ga. L. 1977, p. 1528), as
amended by a resolution approved April 6,1978 (Ga. L. 1978, p. 2134)
and by a resolution approved April 2,1980 (Ga. L. 1980, p. 1480), so as
to extend the existence of the committee; to provide an effective date;
to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
1321
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. A resolution creating the Select Committee on
Constitutional Revision, approved March 30, 1977 (Ga. L. 1977, p.
1528), as amended by a resolution approved April 6, 1978 (Ga. L.
1978, p. 2134) and by a resolution approved April 2,1980 (Ga. L. 1980,
p. 1480), is amended by deleting therefrom the last paragraph, which
reads as follows:
This Resolution shall stand repealed at the end of June 30,1982,
and the Committee and all study committees shall stand abolished at
that time.,
and substituting in lieu thereof the following:
This Resolution shall stand repealed at the end of June 30,1986,
and the Committee and all study committees shall stand abolished at
that time.
Section 2. This resolution shall become effective upon its
approval by the Governor or upon its becoming law without his
approval.
Section 3. All laws and parts of laws in conflict with this
resolution are repealed.
Approved April 14,1982.
WORLD FEDERATION RESOLUTION OF 1946
REPEALED.
No. 101 (House Resolution No. 519).
A RESOLUTION
Repealing a resolution approving the principle of World Federa-
tion; and for other purposes.
1322
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. A resolution providing That the General Assembly
of Georgia does hereby solemnly declare that all peoples of the earth
should now be united in a World Federation, and to that end it hereby
requests the Senators and Members of the House of Representatives
in Congress from the State of Georgia to support and vote for a
Resolution in the Congress of the United States, approving the
principle of World Federation and requesting the President of the
United States to initiate the procedure necessary to formulate a
Constitution for The Federation of the World, which shall be submit-
ted to each nation for its ratification., approved January 31, 1946
(Ga. L. 1946, p. 697), is repealed in its entirety.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
METROPOLITAN ATLANTA RAPID TRANSIT
OVERVIEW COMMITTEE EXTENDED.
No. 102 (House Resolution No. 542).
A RESOLUTION
To amend a resolution creating the Metropolitan Atlanta Rapid
Transit Overview Committee, approved March 16,1973 (Ga. L. 1973,
p. 70), as amended by a resolution approved March 21,1974 (Ga. L.
1974, p. 524), a resolution approved February 24,1975 (Ga. L. 1975, p.
31), a resolution approved March 23,1977 (Ga. L. 1977, p. 912), and a
GEORGIA LAWS 1982 SESSION
1323
resolution approved March 21, 1980 (Ga. L. 1980, p. 790), so as to
change the provisions relating to the repeal of the resolution; to repeal
conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. A resolution creating the Metropolitan Atlanta Rapid
Transit Overview Committee, approved March 16,1973 (Ga. L. 1973,
p. 70), as amended by a resolution approved Mairch 21,1974 (Ga. L.
1974, p. 524), a resolution approved February 24,1975 (Ga. L. 1975, p.
31), a resolution approved March 23,1977 (Ga. L. 1977, p. 912), and a
resolution approved March 21,1980 (Ga. L. 1980, p. 790), is amended
by striking from Section 3A the date July 1,1982, and inserting in
lieu thereof the date July 1,1984, so that when so amended Section
3A shall read as follows:
Section 3A. Unless extended by joint resolution of the General
Assembly, this resolution shall stand repealed on July 1,1984.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
ROOSEVELT WARM SPRINGS INSTITUTE FOR
REHABILITATION.
No. 103 (House Resolution No. 559).
A RESOLUTION
Relative to the one-hundredth anniversary of the birth of Presi-
dent Franklin Delano Roosevelt; and for other purposes.
WHEREAS, January 28,1982, is the one-hundredth anniversary
of the birth of President Franklin Delano Roosevelt; and
1324
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, he was a great statesman and leader during one of the
most difficult periods in the history of our country; and
WHEREAS, he found time, because of his humanitarian concern
for all people regardless of their circumstances, to provide the leader-
ship for the development of the Georgia Warm Springs Foundation,
an international polio treatment center in Warm Springs, Georgia;
and
WHEREAS, the State of Georgia in recognition of the needs of
persons with disabilities has assumed operation of the Georgia Warm
Springs Foundation and combined it with the Georgia Rehabilitation
Center to create the Roosevelt Warm Springs Institute for Rehabili-
tation; and
WHEREAS, the Roosevelt Warm Springs Institute for Rehabili-
tation is one of the most comprehensive rehabilitation facilities in the
world dedicated to continuing the work begun in 1927 by President
Franklin Delano Roosevelt; and
WHEREAS, the esteem which President Franklin Delano
Roosevelt held for the foundation is embodied in this quote: The
Warm Springs Foundation, and its offspring, the National Founda-
tion for Infantile Paralysis, have been more of a satisfaction to me in
the field of social achievement than anything I have accomplished as
a world leader, with the one possible exception of the Social Security
Administration; and
WHEREAS, it is the desire of the Georgia General Assembly to
recognize the contributions of President Franklin Delano Roosevelt
to our country in general and to persons with disabilities in particular.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that, on the one-hundredth anniversary
of the birth of President Franklin Delano Roosevelt, this body does
hereby designate the Roosevelt Warm Springs Institute for Rehabili-
tation as a living memorial to President Franklin Delano Roosevelt.
BE IT FURTHER RESOLVED that the Georgia Delegation to
the United States Congress is requested to submit a similar resolution
in Congress acknowledging their acceptance of this token of apprecia-
tion to President Franklin Delano Roosevelt by the State of Georgia.
GEORGIA LAWS 1982 SESSION
1325
BE IT FURTHER RESOLVED that the President of the United
States is requested to acknowledge and accept the designation of the
Roosevelt Warm Springs Institute for Rehabilitation as a living
memorial to President Franklin Delano Roosevelt.
BE IT FURTHER RESOLVED that the President of the United
States request all departments of the United States government to
work with the State of Georgia as appropriate in fully developing the
living memorial as a facility dedicated to preventing disabilities from
becoming handicaps.
Approved April 14,1982.
STATE EMPLOYEES HEALTH BENEFIT PLAN.
No. 104 (House Resolution No. 562).
A RESOLUTION
Relative to the cost of the State Health Benefit Plan; and for other
purposes.
WHEREAS, the General Assembly of Georgia is interested in
providing the best health care insurance program for state employees
at the lowest possible cost; and
WHEREAS, the cost of health insurance has continued to
increase at a rate higher than other consumer prices; and
WHEREAS, the cost of health insurance, as administered by the
State Health Benefit Plan, has increased at an annual rate of approxi-
mately 20 percent for the past two years; and
WHEREAS, the projected claims cost of the plan for the 1982
fiscal year is $112 million, representing yet another 20 percent
increase; and
1326
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the State Health Benefit Plan experience for the
1980 fiscal year indicated a considerable overutilization of services,
with 17 percent of the enrolled employees receiving 81 percent of the
benefit dollars; and
WHEREAS, as a result of inflation, the state, in its role as
employer, has paid an increasingly higher percentage of the cost of
the State Health Benefit Plan while the percentage of the cost of the
plan covered by employee contributions has decreased; and
WHEREAS, the State of Georgia, in its role as employer, and state
employees have a mutual interest in the containment of skyrocketing
health care costs.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that it is hereby recommended by this
body that funding of the State Health Benefit Plan be revised to
reflect an equitable allocation of the cost of said plan; that this body
urges the Governor and the State Personnel Board to establish the
allocation of the cost of said plan for the fiscal year 1982 at approxi-
mately 80 percent to be borne by the state and approximately 20
percent to be borne by the employees of the state; and that a gradual
increase in employee contributions be implemented so that the
allocation of the cost of said plan, at the earliest time possible without
imposing any undue economic hardship on the employees of the state,
shall be established at approximately 75 percent to be borne by the
state and approximately 25 percent to be borne by the employees of
the state.
BE IT FURTHER RESOLVED BY THE GENERAL ASSEM-
BLY that it is hereby recommended by this body that the administra-
tors of the State Health Benefit Plan adopt a comprehensive health
insurance plan as soon as possible and that said comprehensive plan
implement coinsurance payment under a single plan for the purposes
of cost reduction, simplifying understanding of coverage, and increas-
ing the employees understanding of the payment of claims.
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 Governor; the chairman, Appro-
priations Committee of the House of Representatives; the chairman,
Appropriations Committee of the Senate; the commissioner, State
Merit System of Personnel Administration.
Approved April 14,1982.
GEORGIA LAWS 1982 SESSION
1327
1975 RESOLUTION URGING SEVERER SENTENCES
RECONFIRMED.
No. 107 (House Resolution No. 589).
A RESOLUTION
To reconfirm House Resolution 161 from the 1975 regular session
of the General Assembly of Georgia; and for other purposes.
WHEREAS, during the 1975 regular session the General Assem-
bly of Georgia adopted House Resolution 161, which urged the trial
judges of this state to give severer penalties to persons convicted of
committing serious crimes and which reads in part as follows:
WHEREAS, members of the General Assembly have heard many
complaints from their constituents that criminals are not being
punished severely enough to discourage them from committing addi-
tional crimes; and
WHEREAS, many of these complaints appear to be completely
justified; and
WHEREAS, the laws of this State allow severe penalties to be
given to persons convicted of serious crimes; and
WHEREAS, these laws should be used by trial judges to keep
dangerous people confined when they have been convicted of a
serious crime and are known to be dangerous.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the trial judges of this State, as well
as district attorneys and other prosecuting attorneys, are hereby
urged to use their powers under the laws of this State to see that
persons who are convicted of serious crimes and are known to be
dangerous are given severe penalties so that the punishment is in
keeping with the crime committed.; and
1328
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the members of the General Assembly continue to be
alarmed at the rising tide of crime in this state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the members of this body hereby
reconfirm the views expressed in House Resolution 161 from the 1975
regular session of the General Assembly.
BE IT FURTHER RESOLVED that the Clerk of the House of
Representatives is authorized and directed to transmit an appropri-
ate copy of this resolution to each judge of the superior courts and to
each district attorney in this state.
Approved April 14,1982.
MINERAL LEASE TO UNION CAMP CORPORATION.
No. 110 (House Resolution No. 619).
A RESOLUTION
Authorizing the State of Georgia, acting by and through the State
Properties Commission, to grant and convey to Union Camp Corpora-
tion, a Virginia corporation authorized to do business in Georgia, its
successors and assigns, a mineral lease pertaining to certain property
owned or claimed by the state, situate in the Savannah River,
Chatham County, Georgia; to repeal conflicting laws; and for other
purposes.
WHEREAS, Union Camp Corporation, its successors and assigns,
currently has a mineral lease granted to them by the State of Georgia,
acting by and through the State Properties Commission, that expires
November 30,1982, situate in the Savannah River, Chatham County,
Georgia; and
WHEREAS, Union Camp Corporation desires said mineral lease
in order to utilize materials obtained in the mineral lease area to
GEORGIA LAWS 1982 SESSION
1329
repair any dike or other facilities, if necessary, in their aeration lagoon
on Hutchinson Island and for other purposes; and
WHEREAS, the property is all that area lying and being in the
County of Chatham, Georgia, being more particularly described as:
Those areas adjacent to Union Camp Corporations mainland
and Hutchinson Island properties in the Savannah and Back Rivers,
Chatham County, Georgia, between a point lying 10 feet horizontal
distance riverward from the mean low water line to a depth of (a) not
more than 40 feet below mean low water in the Savannah River; (b)
not more than 35 feet below mean low water in the Back River.
And also, those areas in the Savannah River (c) between 35 feet
and 40 feet below mean low water lying between River Mile 16.205
and River Mile 17.612; and (d) below said 40-foot designation
between River Mile 16.746 and 17.612 for the purposes of installation
or maintenance of pipelines and cable crossings. Excluding, however,
the area 10 feet horizontal distance riverward from the mean low
water line between River Mile 17.038 and River Mile 17.612 adjacent
to the southerly shoreline of the Savannah River, provided, however,
all area within the aforesaid bounds and lying within 500 feet of any
dams or bridges shall be specifically excluded therefrom, and pro-
vided further, that the lessee shall have absolutely no claim or control
over the removal of any materials within the aforesaid bounds around
private or public docks or around business installations when said
removal is for navigational purposes or for the operation of said
business installations, except as such involves the removal of materi-
als around lessees docks or business installations.
Said Union Camp Corporation mainland properties are located
between River Mile 16.470 and River Mile 17.038; and said
Hutchinson Island properties are located between River Mile 16.205
and River Mile 17.612 fronting on the Savannah River and extending
to Back River, the extremities of said Hutchinson Island properties
being represented by lines drawn perpendicular from said River Mile
Stations in a northeasterly direction therefrom.
Said River Mile stations are those of the U. S. Army Corps of
Engineers measured from 0-0 Mile Station at Fort Pulaski at the
mouth of the Savannah River.;
and
1330
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the Georgia Department of Natural Resources, in
association with the State Properties Commission, will review the
mineral lease desired by Union Camp Corporation, its successors and
assigns, and, upon a determination that all proposed operations
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 conduct dredging operations in the location of the
proposed mineral lease; and
WHEREAS, the grant of such mineral lease by the General
Assembly of Georgia would be in the public interest, and the State of
Georgia is willing to grant and convey a mineral lease and convey
certain river bottom material in consideration of the monetary sum
specified herein and for the further consideration of the mineral lease
containing such terms and conditions as the State Properties Com-
mission shall determine 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 the above-
described property and that in all matters relating to the conveyance
of a mineral lease in such property the State of Georgia is acting by
and through the State Properties Commission.
Section 2. That the State Properties Commission is authorized
to convey a mineral lease in such property to Union Camp Corpora-
tion, its successors and assigns, for a term not to exceed ten years from
the date of execution of said document and for a consideration of
$1,800.00 annually and upon such other terms and conditions as the
State Properties Commission shall in its discretion determine to be in
the best interests of the State of Georgia.
Section 3. That the State Properties Commission is authorized
and empowered to do all acts and things necessary and proper to
effect such conveyance.
Section 4. That this resolution shall become effective upon its
approval by the Governor or upon its becoming law without his
approval.
GEORGIA LAWS 1982 SESSION
1331
Section 5. That all laws and parts of laws in conflict with this
resolution are repealed.
Approved April 14,1982.
LAND CONVEYANCE TO ITT RAYONIER, INC.
No. Ill (House Resolution No. 624).
A RESOLUTION
Authorizing the conveyance of certain state owned real property
located in Ware County, Georgia; to provide an effective date; to
repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real
property located within Ware County, Georgia; and
WHEREAS, the said real property, now administered by the
Georgia Forestry Commission, comprises approximately .133 acre
and is more particularly described as follows:
All of lot number one (1) of block number two hundred thirty
(230) of Emerson Park, a subdivision in and adjoining Waycross,
Ware County, Georgia, as per plat of record in the office of the Clerk
of Superior Court of Ware County, block of maps A, page #4. Said
above tract being a part of lot number two hundred fifteen (215) in
the eighth (8th) district of Ware County, Georgia.;
and
WHEREAS, the State of Georgia purchased the property in 1934
from Lott Investment Corporation; and
WHEREAS, the Georgia Forestry Commission utilized such prop-
erty for public purposes as a tower site, now abandoned; and
1332
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, ITT Rayonier, Inc., successor to Lott Investment
Corporation, is desirous of obtaining all of the said real property; and
WHEREAS, ITT Rayonier, Inc., has agreed to convey two acres in
Tattnall County to the state at no cost in order that the state might
construct a headquarters and tower site to serve the surrounding
counties better; and
WHEREAS, the above-described property in Ware County is no
longer needed by the Georgia Forestry Commission or the State of
Georgia and is, therefore, surplus.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-
described real property and that, in all matters relating to the
conveyance of the real property, the State of Georgia is acting by and
through the State Properties Commission.
Section 2. That the above-described real property shall be sold
and conveyed by appropriate instrument to ITT Rayonier, Inc., by
the State of Georgia, acting by and through the State Properties
Commission, for a consideration of $1.00 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 paragraph (4) of subsection (b) of Code Section 91-403A (para-
graph (4) of subsection (b) of Code Section 50-16-122 of the Official
Code of Georgia Annotated) 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.
GEORGIA LAWS 1982 SESSION
1333
Section 5. That all laws and parts of laws in conflict with this
resolution are repealed.
Approved April 14,1982.
EASEMENT TO CHATHAM SERVICE CORPORATION.
No. 112 (House Resolution No. 668).
A RESOLUTION
Authorizing the State Properties Commission, for and on behalf of
the State of Georgia, to grant and convey to Chatham Service
Corporation, a Georgia corporation, its successors and assigns, an
irrevocable easement over, under, across, and through certain prop-
erty owned or claimed by the State of Georgia and located in
Savannah, Chatham County, Georgia, for the construction, installa-
tion, operation, maintenance, repair, and replacement of berthing,
docking, and storage facilities and improvements, including conveyor
systems and loading and unloading towers, and for navigational
dredging, to be used in connection with the receiving, storage, loading
and unloading of various waterborne products, to be built over, under,
across, or through such state owned or claimed properties; and for
other purposes.
WHEREAS, Chatham Service Corporation, a Georgia corpora-
tion, has agreed for itself or one of its corporate affiliates to become
long-term tenant of Seaboard Coastline Railroad Company of a tract
of land on the Savannah River in Savannah, Chatham County,
Georgia, on which it proposes to construct and will maintain a
receiving, storing, and loading-unloading facility, and in connection
with which it intends to receive, store, and dispatch waterborne
cargoes, thereby requiring berthing, docking, storage, and loading-
unloading facilities and improvements, including breasting dolphins,
piers, warehouses, conveyor systems, and loading-unloading towers;
and
1334
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, a portion of the proposed facilities are to be located
adjacent to the said property to be leased by Chatham Service
Corporation or one of its corporate affiliates on certain property
owned or claimed by the State of Georgia, in Savannah, Chatham
County, Georgia; and
WHEREAS, Chatham Service Corporation holds U. S. Army
Corps of Engineers Permit No. SASOP-FP 074 OYN 004239 and
Georgia Department of Natural Resources Water Quality Certifica-
tion and Air Quality Permit No. 2421-025-8268 to perform such
construction and maintain such facilities, and has heretofore on
August 15, 1980, acquired a revocable license from the State of
Georgia for the same and desires, prior to commencing construction,
to have an irrevocable easement; and
WHEREAS, except as provided by legislative act, the State of
Georgia may grant only a revocable license for the construction and
maintenance of such improvements and facilities under, over,
through, or across state owned properties, for any term exceeding one
year; and
WHEREAS, it is deemed as beneficial for the State of Georgia for
such facilities to be established, and the State of Georgia is willing to
grant and convey an irrevocable easement 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 interest of
the State of Georgia.
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 $3,000.00, the State Properties Commission, for
and on behalf of the State of Georgia, is hereby authorized to grant to
Chatham Service Corporation, a Georgia corporation, its successors
and assigns, an irrevocable easement to use, occupy, employ, and
enjoy for the purposes of constructing, installing, operating, main-
taining, repairing, and replacing berthing, docking, storage, and
loading-unloading facilities and improvements, including breasting
dolphins, piers, warehouses, conveyor systems, and loading-unload-
ing towers, and all facilities and improvements that shall be reason-
ably necessary in connection therewith, and of dredging the river
bottom for navigational purposes, across, under, over, and through
GEORGIA LAWS 1982 SESSION
1335
the bed or bottom of the Savannah River, and the inter-tidal area of
the South bank thereof, hereinafter more fully described, subject
always to its initial and continuing compliance with all applicable
laws pertaining to the subject matter hereof and to the properties
affected hereby and subject always to the use and enjoyment by the
public of any streams involved herein, the property subject to said
easement being more particularly described as follows:
ALL that portion of river bottom and inter-tidal land situate,
lying and being in the City of Savannah, Chatham County, Georgia,
on the South bank of the Savannah River lying between the ordinary
high water line or mark of the Savannah River on the South; the
Harbor or Pier Line of the Savannah River (as designated by the
U. S. Army Corps of Engineers) on the North; the North-South
projection of Harbor Line Marker P-105 on the East; and the North-
South projection of Harbor Line Marker P-93 on the West.
ALL as will more fully appear by reference to that certain plat of
said property dated February 11, 1982, entitled Proposed Bulk
Handling Facility on Wrecks Channel, Savannah River, Savannah,
Georgia, a copy of which is in the files of the Commissioner of the
Georgia Department of Natural Resources and to which reference is
hereby expressly made.
It is recognized that the exact location of the high water line or
mark of the Savannah River fluctuates with the tide and may vary
from the aforesaid plat; however, it is the intention of the foregoing
description to include, during the period for which the easement is
granted, all property between said high water line or mark (adjacent
to the said lands leased by Chatham Service Corporation, its succes-
sors and assigns), wherever its exact location, on the south, and the
harbor or pier line of the south bank of the Savannah River, as now
established and designated by the U. S. Army Corps of Engineers, on
the north.
The right to dredge the river bottom within the easement area
shall, within the scope of the permits heretofore or hereafter granted
by the U. S. Army Corps of Engineers, be for the purpose only of
improving navigation, and the easement holder shall not be autho-
rized to utilize materials removed from the river bottom of the
Savannah River in construction of said facilities.
1336
GENERAL ACTS AND RESOLUTIONS, VOL. I
The grant of easement hereunder shall be embodied in a written
agreement in which the State Properties Commission may insert such
other and further conditions as it shall consider to be necessary and
proper in the publics trust.
BE IT FURTHER RESOLVED that said easement is made only
for the purposes aforesaid and shall continue only so long as Chatham
Service Corporation, its successors and assigns, continues to maintain
and operate the aforesaid facilities and should said facilities be
abandoned or the use for the aforesaid purposes discontinued, said
easement shall terminate.
Approved April 14,1982.
LAND CONVEYANCE TO JAMES E. TIDWELL.
No. 113 (House Resolution No. 707).
A RESOLUTION
Authorizing the conveyance of certain state owned real property
located in Bartow County, Georgia, to Mr. James E. Tidwell; 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 .63 of one acre
more or less 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
Parcel No. 5 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.;
GEORGIA LAWS 1982 SESSION
1337
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. James E. Tidwell owns property adjoining the
above-described real property; and
WHEREAS, Mr. James E. Tidwell 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.
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. James E. Tidwell by
the State of Georgia, acting by and through the State Properties
Commission, for a consideration of not less than the fair market value
to be determined by the State Properties Commission and upon such
further considerations and provisions as directed by the State Prop-
erties Commission.
Section 4. That for purposes of compliance with the provisions
of paragraph (4) of subsection (b) of Code Section 91-403A (para-
graph (4) of subsection (b) of Code Section 50-16-122 of the Official
Code of Georgia Annotated) 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.
1338
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 repealed.
Approved April 14,1982.
JOINT COMMITTEE ON FARM WINERY LAWS.
No. 114 (House Resolution No. 715).
A RESOLUTION
Creating the Joint Committee on Farm Winery Laws; and for
other purposes.
WHEREAS, there exists a need to continue the study of the
possibility of enacting farm winery laws in this state which would
have the effect of increasing the share of current Georgia wine sales
supplied by in-state farm wineries.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that there is hereby created the Joint
Committee on Farm Winery Laws to be composed of five members of
the Senate to be appointed by the Lieutenant Governor and five
members of the House of Representatives to be appointed by the
Speaker of the House, the chairman to be appointed by the Speaker of
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:
GEORGIA LAWS 1982 SESSION
1339
(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
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, 1982, at which time the
committee shall stand abolished.
Approved April 14,1982.
QUITCLAIM TO BOARD OF COMMISSIONERS OF
CHARLTON COUNTY.
No. 115 (House Resolution No. 747).
A RESOLUTION
Releasing and quit-claiming to the board of commissioners of
Charlton County certain real property in Charlton County; and for
other purposes.
WHEREAS, the board of commissioners of Charlton County
wishes to obtain title to certain real property in Charlton County; and
1340
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, said property was formerly owned by the City of St.
George, the charter of which city was repealed in 1924; and
WHEREAS, the State of Georgia does not now claim and has not
at any time claimed any interest in said real property.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the State of Georgia hereby releases
and quit-claims to the board of commissioners of Charlton County
any and all right, title, or interest which the state has or may have had
in the following described real property:
All that tract or parcel of land lying and being in Land Lot
Number:246 of the First Land District of Charlton County, Georgia;
more particularly described as follows:
With reference to that certain plat, entitled: SURVEY FOR THE
CHARLTON COUNTY, COMMISSIONERS, dated September 11,
1981 by Mr. Sidney L. Gowen; said plat recorded in Plat Book C, page
92 with the Land Records for Charlton County, Georgia; the 41.753
acre, more or less, parcel which is the subject of the aforesaid plat; the
aforesaid plat is incorporated herein for description purposes.
BE IT FURTHER RESOLVED that this resolution shall not in
any way affect, impair, or transfer any interest of the State of Georgia
in the bed of the St. Marys River below the low-water mark or any
public rights to navigate, fish in, or otherwise use the St. Marys
River.
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 board of commissioners of
Charlton County.
Approved April 14,1982.
GEORGIA LAWS 1982 SESSION
1341
LAND CONVEYANCE TO NEWTON COUNTY.
No. 186 (Senate Resolution No. 29).
A RESOLUTION
Authorizing the conveyance of certain state owned property
located in Newton 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 tracts of real property located in
Newton County, Georgia; and
WHEREAS, said real property consist of all those tracts or parcels
of land lying and being in Newton County, Georgia, and being
generally described as follows:
All that tract or parcel of land lying and being in Town District,
Newton County, Georgia, and being Lots Nos. 19, 20 and 21 of the
E. F. Callaway subdivision, plat of which is recorded in Newton
County, Georgia deed records in Plat Book No. 1, page 59, to which
reference is prayed for more particular description. Each of said lots
being 100 x 400 feet and join and make on tract 300 x 400 feet and
bounded as follows: On east by Old Orphans Home road; north by
property of Chester Meadors; west by Howard Piper Estate; and on
South by J. L. Speers.;
and
WHEREAS, in order to accommodate the request of Newton
County, the Department of Transportation desires to sell such prop-
erty to Newton County.
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 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
1342
GENERAL ACTS AND RESOLUTIONS, VOL. I
Department of Transportation to Newton County upon such terms
and conditions as the Department 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 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 repealed.
Approved April 16,1982.
SERVICES FOR THE AGED STUDY COMMITTEE.
No. 187 (Senate Resolution No. 226).
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 1982 SESSION
1343
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.
1344
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 four members of the
Senate to be appointed by the President of the Senate and four
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 ten 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, 1982, at which time the committee shall stand abol-
ished. Such report shall contain needs of the aged along with
recommendations as to how to facilitate participation of the aged in
any new or standing programs.
Approved April 16,1982.
GEORGIA LAWS 1982 SESSION
1345
GEORGIA CORONERS MANUAL.
No. 188 (Senate Resolution No. 270).
A RESOLUTION
Designating the Georgia Coroners Manual as the official operat-
ing manual for coroners in the State of Georgia; and for other
purposes.
WHEREAS, the Georgia Coroners Manual, prepared by the
Georgia Police Academy, was written to assist coroners in the invest-
igation of certain deaths as outlined in Chapter 16 of Title 45 of the
Official Code of Georgia Annotated; and
WHEREAS, this manual presents, clearly and concisely, the
procedures and techniques a coroner must perform in meeting the
responsibilities of his office; and
WHEREAS, this manual is the foremost guide relating to the
qualifications, powers, duties, and responsibilities of coroners in the
State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that this body does designate the
Georgia Coroners Manual as the official operating manual for
coroners in the State of Georgia.
BE IT FURTHER RESOLVED that all coroners in this state are
authorized and directed to utilize the Georgia Coroners Manual
and to follow the instructions, procedures, and techniques detailed in
the manual in the performance of their duties.
BE IT FURTHER RESOLVED that the Secretary of the Senate
is instructed to forward an appropriate copy of this resolution to each
coroner in the State of Georgia.
Approved April 16,1982.
1346
GENERAL ACTS AND RESOLUTIONS, VOL. I
ENVIRONMENTAL FACILITIES STUDY COMMISSION.
No. 189 (Senate Resolution No. 346).
A RESOLUTION
Creating the Environmental Facilities Study Commission; and for
other purposes.
WHEREAS, the historic policy of federal and state financial aid to
local governments in the development of environmental facilities is
undergoing drastic change due to reduced federal effort, thereby
placing a severe financial burden on local governments in continuing
this development; and
WHEREAS, the development of environmental facilities to purify
and deliver water for consumption, collect and treat waste water for
discharge, clean air for emissions, dispose of the wastes society
produces, recover resources from the waste or create energy from it,
among others, has in recent decades been a major public undertaking
in Georgia enjoying the support of all Georgians; and
WHEREAS, the continued development of these facilities is
essential to the protection and preservation of Georgias unique
environmental resources, the protection of the health and welfare of
Georgias citizens, and for Georgias continued economic growth and
prosperity; and
WHEREAS, the State of Georgia is not able to make up the loss of
direct cash grants from the federal government to local governments
which, in many cases, still must meet federal environmental quality
standards; and
WHEREAS, there are various means by which states are provid-
ing financial assistance to local governments for environmental facil-
ity development in lieu of direct cash grants.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that there is created an Environmental
Facilities Study Commission to be composed of nine members,
including a representative of the Governor, the Director of the
Environmental Protection Division of the Department of Natural
Resources, a representative of the Georgia Municipal Association, a
GEORGIA LAWS 1982 SESSION
1347
representative of the Association County Commissioners of Georgia,
two members of the House of Representatives to be appointed by the
Speaker, two members of the Senate to be appointed by the Lieuten-
ant Governor, and a representative of the University System of
Georgia appointed by the Governor. Staff support for the committee
shall be provided by the Office of Planning and Budget and such
technical assistance shall be secured as the commission deems neces-
sary. The Environmental Facilities Study Commission shall examine
the current and future needs of local governments to develop and
improve their environmental facilities; shall explore ways in which
the state may identify sources of assistance for local governments,
including the use of federal and state grants, general obligation and
revenue anticipation debt, loans and loan guarantees, private financ-
ing, and other means of assistance; shall investigate the nature and
extent of local participation that should be involved; and shall
examine the applicability of utilizing existing state agencies, depart-
ments, or authorities in meeting the program needs as are identified.
The Environmental Facilities Study Commission shall prepare a
report with recommendations to the Governor and General Assembly
to be presented along with any necessary legislation in January, 1983,
during the General Assembly session.
The legislative members of the commission shall be entitled to
receive the compensation and allowances authorized for legislative
members of interim study committees. The other members of the
commission who are members of state government shall be reim-
bursed for their actual expenses incurred in connection with the
commission by the respective agency which employs the member.
Compensation, allowances, and expenses for the members of the
commission shall be limited to five meeting days for the purpose of
carrying out the provisions of this resolution.
Approved April 16,1982.
1348
GENERAL ACTS AND RESOLUTIONS, VOL. I
STATE-WIDE FIRE PROTECTION STUDY
COMMITTEE EXTENDED, ETC.
No. 194 (House Resolution No. 533).
A RESOLUTION
To amend a resolution creating the State-wide Fire Protection
Study Committee, approved April 14,1981 (Ga. L. 1981, p. 1517), so
as to provide that the Director of the Institute of Government of the
University of Georgia or his representative may serve as a member of
the committee; to extend the date for recommendations by the
committee; to change the date on which the committee shall stand
abolished; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. A resolution creating the State-wide Fire Protection
Study Committee, approved April 14,1981 (Ga. L. 1981, p. 1517), is
amended by striking paragraph (14) of subsection (b) of Section 1 in
its entirety and substituting in lieu thereof a new paragraph (14) to
read as follows:
(14) The Director of the Institute of Government of the Univer-
sity of Georgia or his representative.
Section 2. Said resolution is further amended by striking
Section 5 in its entirety and substituting in lieu thereof a new Section
5 to read as follows:
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 1,1983. The committee shall also recommend a plan for improv-
ing communications and coordination among the various state agen-
cies 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 1,1983, on which date the committee shall stand abolished.
GEORGIA LAWS 1982 SESSION
1349
Section 3. This resolution 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
resolution are repealed.
Approved April 16,1982.
QUITCLAIM TO BUTTS COUNTY.
No. 196 (House Resolution No. 577).
A RESOLUTION
Authorizing the State of Georgia, acting by and through its State
Properties Commission, to convey by quitclaim deed certain state
owned real property located within Butts County, Georgia, to Butts
County, Georgia; to provide for an effective date; and for other
purposes.
WHEREAS, the State of Georgia is the owner of certain real
property within Butts County, Georgia, commonly known as the
McIntosh Inn and formerly known as the Indian Springs Hotel and
the Varner House property, hereinafter sometimes called said real
property; and
WHEREAS, said real property which is presently under the
custody of the Department of Natural Resources comprises 2.58 acres
and is more particularly described as follows:
All that certain lot, tract or parcel of land, the same being
improved property, lying and being at Indian Springs in Butts
County, Georgia, containing 2-1/2 acres, more or less, and well known
as the Varner House property, and bounded on the North by lands
formerly of W. D. Lamar but now the lands of Jamerson, on the East
by lands of Bryan, on the South by Lot No. 17, and on the West by a
1350
GENERAL ACTS AND RESOLUTIONS, VOL. I
Public Road, and being the same real property conveyed to Paul J.
Varner by Miss Joe Varner by deed dated October 22, 1927, and
recorded on October 24,1927, in the Public Records of Butts County,
Georgia, in Book 7, Page 125, to which said deed and the record
thereof reference is made for all purposes. Said real property is
further described in a plat prepared by Evans Surveyors Service and
labeled Proposed Acquisition by the State of Georgia, Georgia
Department of Natural Resources, 614th District G. M., Indian
Springs, Butts County, Georgia, dated June 1974, and certified by
Joe V. Evans, Georgia Registered Land Surveyor No. 1103 on the 12th
day of June 1974, which plat is on file in the offices of the Department
of Natural Resources and the State Properties Commission;
and
WHEREAS, the commissioner and Board of Natural Resources
have determined that said real property is surplus and could serve the
general public best in the ownership of Butts County, Georgia; and
WHEREAS, the Butts County Historical Society, Inc., a nonprofit
corporation, dedicated to the interpretation and preservation of
historical sites, is desirous to assume management and restoration of
said real property for historic, educational, and related purposes
beneficial to the general public; and
WHEREAS, Butts County, Georgia, is desirous of leasing said real
property to the Butts County Historical Society, Inc., for the above-
stated purposes.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY
THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-
described 2.58 acres of real property in Butts County, Georgia, and
that in all matters relating to the conveyance of the said real property
the State of Georgia is acting by and through its State Properties
Commission.
Section 2. That the State of Georgia, acting by and through its
State Properties Commission, is authorized and empowered to convey
by quitclaim deed to Butts County, Georgia, the hereinabove
described real property in fee simple absolute for the monetary
consideration of the sum of $1.00, subject to the covenants stated
herein.
GEORGIA LAWS 1982 SESSION
1351
Section 3. That in the quitclaim deed conveying the herein-
above-described real property Butts County, Georgia, shall covenant
to lease said property to the Butts County Historical Society, Inc., for
the monetary consideration of the sum of $1.00 so long as said Butts
County Historical Society, Inc., restores, maintains, and uses said
property for historic, educational, and related purposes, and to
provide in said lease that if said Butts County Historical Society, Inc.,
fails to restore and maintain said property or ceases to use said
property for the aforesaid purposes, then said lease shall terminate
and all rights, title, and interest in and to said real property shall be
vested absolutely and completely in Butts County, Georgia.
Section 4. That in the quitclaim deed conveying the hereinabove
described real property Butts County, Georgia, shall covenant to use
said property only for public purposes, which shall include the leasing
of said property to the Butts County Historical Society, Inc., for
historic, educational, and related purposes.
Section 5. That the above covenants by Butts County, Georgia,
shall be covenants running with the land and not limitations upon the
estate granted to Butts County, Georgia.
Section 6. That the conveyance to Butts County, Georgia, of
said real property shall be upon such other terms and conditions as
shall be prescribed by the State Properties Commission.
Section 7. That the State Properties Commission is hereby
authorized to do all acts and things necessary and proper to effect
such conveyance.
Section 8. 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 prepared by
Evans Surveyors Service and labeled Proposed Acquisition by the
State of Georgia, Department of Natural Resources, 614th District
G.M., Indian Springs, Butts County, Georgia, dated June 1974, and
certified by Joe V. Evans, Georgia Registered Land Surveyor No.
1103 on the 12th day of June 1974, currently on file with the
Department of Natural Resources and the State Properties Commis-
sion, shall constitute an acceptable plat for filing with the Secretary of
State.
1352
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 9. 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 16,1982.
LAND CONVEYANCE TO AMERICAN HEART
ASSOCIATION AUTHORIZED.
No. 199 (House Resolution No. 710).
A RESOLUTION
Requesting that the Georgia Building Authority (Hospital) and
the State of Georgia, acting by and through the Board of Human
Resources of the State of Georgia and/or the Department of Human
Resources, and/or the Board of Human Resources of the State of
Georgia, acting for and on behalf of itself and the Department of
Human Resources, make 2.62 acres of land in DeKalb County,
Georgia, available to the American Heart Association, Georgia Affili-
ate, for the purpose of their constructing and operating thereon an
office building and other facilities to house the programs of that
organization; to provide an effective date; and for other purposes.
WHEREAS, as used in the Whereas clauses of this Resolution the
Department of Human Resources shall mean and include in its usage
the Board of Human Resources of the State of Georgia; and
WHEREAS, said property is under the custody and management
of the Department of Human Resources; and
WHEREAS, said real property is all that tract or parcel of land
lying and being in DeKalb County, Georgia, and being generally
described as follows:
All that tract of land situate, lying and being in Land Lot 353 of
the 18th District of DeKalb County, Georgia, containing 2.62 acres,
more or less, and being more particularly described as follows:
GEORGIA LAWS 1982 SESSION
1353
TO FIND THE POINT OF BEGINNING, commence at a point
formed by the intersection of the southern right-of-way line of Peeler
Road and the western right-of-way line of North Peachtree Road
(said North Peachtree Road having a 70-foot wide right-of-way);
thence running in a westerly direction along the southern right-of-
way line of Peeler Road a distance of 3133.39 feet to a point on the
southern right-of-way line of Peeler Road marking the POINT OF
BEGINNING; thence running South 01 degree 29 minutes 15 seconds
East a distance of 304.73 feet, more or less, to a point; thence running
South 88 degrees 55 minutes 45 seconds East a distance of 360.93 feet,
more or less, to a point; thence running North 0 degrees 57 minutes 45
seconds West a distance of 334.74 feet to a point on the southern
right-of-way line of Peeler Road; thence running in a westerly direc-
tion along the southern right-of-way line of Peeler Road a distance of
363.90 feet to a point marking the POINT OF BEGINNING.
The above-described land can be depicted on a certain drawing for
the Georgia Department of Health (now the Department of Human
Resources), labeled Property Plat prepared by Jones and Associates,
and certified by Robert Hunter Fellers, Georgia Registered Architect
No. 853, and dated February, 1966, by extending the southern
boundary line of the tract labeled Kelley in a westerly direction with
the same bearing as shown on said drawing to the western boundary
line of the 98.60 acres tract.;
and
WHEREAS, the property may no longer be useful to or needed by
the State of Georgia or the Georgia Building Authority (Hospital)
and, therefore, may be declared surplus by the Department of Human
Resources.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY
THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the Georgia Building Authority (Hospital) and
1354
GENERAL ACTS AND RESOLUTIONS, VOL. I
the State of Georgia, acting by and through the Board of Human
Resources of the State of Georgia and/or the Department of Human
Resources, and/or the Board of Human Resources of the State of
Georgia, acting for and on behalf of itself and the Department of
Human Resources, are hereby requested and encouraged and are
hereby authorized and empowered by the General Assembly to take
appropriate action to make said 2.62 acres of surplus land available to
the American Heart Association, Georgia Affiliate, for the purpose of
their constructing and operating thereon an office building and other
facilities to house the programs of that organization.
Section 2. That said appropriate action of which the Georgia
Building Authority (Hospital) and the Board of Human Resources
and/or the Department of Human Resources are hereby requested,
encouraged, authorized and empowered to make shall be under
whatever terms and conditions the Georgia Building Authority (Hos-
pital) and the Board of Human Resources and/or the Department of
Human Resources may impose and may take the form of a rental,
lease, license or deed transaction of either all or a portion of the rights,
title and interests which the Georgia Building Authority (Hospital)
and the State of Georgia, acting by and through the Board of Human
Resources of the State of Georgia and/or the Department of Human
Resources, and/or the Board of Human Resources of the State of
Georgia, acting for and on behalf of itself and the Department of
Human Resources, have in and to the said 2.62 acres of surplus land.
Provided, however, that the terms and conditions of any transaction
authorized by this resolution shall include a consideration not less
than the fair rental value or fair market value.
Section 3. That said appropriate action referenced above in
Section 1 and 2 of this Resolution if taken by the Georgia Building
Authority (Hospital) and the Board of Human Resources and/or the
Department of Human Resources is hereby declared by the General
Assembly to be in the best interest of the public and the taxpayers of
Georgia.
GEORGIA LAWS 1982 SESSION
1355
Section 4. That this Resolution shall become effective upon its
approval by the Governor or upon its becoming law without his
approval.
Approved April 16,1982.
STATE MUSEUM OF ART OF STATE OF
GEORGIA DESIGNATED.
No. 200 (House Resolution No. 782).
A RESOLUTION
Designating the Georgia Museum of Art at the University of
Georgia as the State Museum of Art of the State of Georgia; and for
other purposes.
WHEREAS, the Georgia Museum of Art was established by the
gift of Alfred Heber Holbrook of the Eva Underhill Holbrook Collec-
tion of American Art to the University of Georgia in 1945; and the
committee of education of the board of regents in 1948 reported the
establishment of the museum to the board of regents; and
WHEREAS, the collections of the museum now include some
5,000 works of art which are a great treasure that is available to all
Georgians; and
WHEREAS, it is appropriate that the significance of this institu-
tion to the State of Georgia and to all Georgians be recognized and
declared by the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the Georgia Museum of Art at the
University of Georgia is designated the State Museum of Art of the
State of Georgia.
1356
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 director of the museum.
Approved April 16,1982.
JAIL AND PRISON OVERCROWDING.
Code Section 42-9-60 Enacted.
No. 1428 (House Bill No. 1335).
AN ACT
To provide for a statement of purpose; to provide for the declara-
tion of an emergency with regard to jail and prison overcrowding by
the Governor; to provide for the release of certain state prison
inmates by the State Board of Pardons and Paroles without regard to
time-served requirements; to provide for definitions; to provide for
certain reports to the General Assembly; to amend the Official Code
of Georgia Annotated accordingly; to provide for effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The General Assembly recognizes that the number of
persons convicted of crimes in the State of Georgia and sentenced to
serve terms of imprisonment in the state prison system has increased
greatly in recent years; that, under the moral requirements of humane
treatment for prisoners, there is a limit to the present capacity of
penal institutions comprising the prison system of the State of
Georgia; that, because of the limited present capacity of the state
penal system, there is a resulting crisis in overcrowding of local jail
and detention facilities due to the backlog of convicted persons
awaiting transfer to the state prison system; that the delay in time
required to construct new state prison facilities in order to increase
the capacity of the state prison system would cause little present
GEORGIA LAWS 1982 SESSION
1357
relief of the crisis of overcrowding which exists in jail and local
detention facilities; that there is an uncertainty as to future needs for
additional capacity in the state prison system if alternatives to
incarceration are adequately developed and utilized after the present
crisis has passed; that there is an uncertainty as to the necessity for
local governments to build additional bed space in jails and local
detention facilities at their own expense to alleviate the present
overcrowding crisis if the present state capacity may be better utilized
to relieve that crisis; and, finally, that the release of state prison
inmates not otherwise eligible for release on parole is necessary to
alleviate the overcrowded prison system during a declared emergency.
It is the purpose of this Act to authorize the Governor and the State
Board of Pardons and Paroles to remedy an emergency with regard to
the overcrowding of the state prison system.
Part 1
Section 2. As used in this Act, the term:
(1) Population shall mean the actual number of inmates
present in the correctional institutions of the state prison system
and shall not include state inmates assigned to county operated
correctional institutions.
(2) Capacity shall mean the actual bed space in the prison
system of the State of Georgia now or in the future, as certified by
the commissioner of the Department of Offender Rehabilitation
and approved by the director of the Office of Planning and
Budget.
(3) Dangerous offender means a state prison inmate who
is imprisoned for conviction of any one or more of the following
crimes as defined by the Criminal Code of Georgia: murder,
voluntary manslaughter, kidnapping, armed robbery, rape, air-
craft hijacking, aggravated sodomy, aggravated battery, aggra-
vated assault, incest, child molestation, child abuse, or enticing a
child for indecent purposes, or any felony punishable under Code
Section 79A-811, relating to prohibited acts regarding marijuana
and controlled substances. The term dangerous offender shall
also include an inmate who is incarcerated for a second or subse-
quent time for the commission of a crime for which the inmate
could have been sentenced to life imprisonment.
1358
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. The Governor, upon certification by the commis-
sioner of the Department of Offender Rehabilitation and approval by
the director of the Office of Planning and Budget that the population
of the prison system of the State of Georgia has exceeded the capacity
for 30 consecutive days, may, within five days of receipt of the
commissioners certification, declare a state of emergency with regard
to jail and prison overcrowding.
Section 4. Upon the declaration of a state of emergency with
regard to the jail and prison overcrowding by the Governor, the State
Board of Pardons and Paroles shall select sufficient state prison
inmates to reduce the state prison population to 100 percent of its
capacity and issue such selected inmates a parole, but no dangerous
offender shall be eligible for selection by the State Board of Pardons
and Paroles. The selection of state prison inmates to be released
under the authority contained herein may be made without regard to
limitations placed upon the service of a portion of the prison sentence
provided by an Act to create the State Board of Pardons and Paroles,
approved February 5,1943 (Ga. L. 1943, p. 185), as amended, particu-
larly by an Act approved March 18,1964 (Ga. L. 1964, p. 487).
Section 5. It shall be the duty of the Director of the Office of
Planning and Budget to prepare an annual report on prison inmates
who are paroled pursuant to this Act. Such report shall summarize
each such former inmates behavior since parole and generally evalu-
ate the former inmates success or lack of success in becoming a law-
abiding member of society. The annual report shall be filed with the
Clerk of the House and the Secretary of the Senate on or before
December 31, with the first such report submitted by December 31 of
the first year that prison inmates are paroled pursuant to this Act. A
notice of the filing of this report shall be submitted to each member of
the General Assembly when the annual report is filed with the Clerk
of the House and Secretary of the Senate. Copies of this report shall
be made available to members of the General Assembly upon their
request. The State Board of Pardons and Paroles, the Department of
Offender Rehabilitation, and other departments and agencies of the
state government shall cooperate with and assist the Director of the
Office of Planning and Budget in developing the information neces-
sary to prepare the annual reports required by this section.
GEORGIA LAWS 1982 SESSION
1359
Part 2
Section 6. Article 3 of Title 42 of the Official Code of Georgia
Annotated, relating to granting of pardons, paroles, and other relief
by the State Board of Pardons and Paroles, is amended by adding at
the end thereof a new Code Section 42-9-60 to read as follows:
42-9-60. (a) As used in this Code section, the term:
(1) Capacity shall mean the actual bed space in the prison
system of the State of Georgia now or in the future, as certified by
the commissioner of the Department of Offender Rehabilitation
and approved by the director of the Office of Planning and
Budget.
(2) Dangerous offender means a state prison inmate who is
imprisoned for conviction of any one or more of the following
crimes as defined by the Criminal Code of Georgia: murder,
voluntary manslaughter, kidnaping, armed robbery, rape, aircraft
hijacking, aggravated sodomy, aggravated battery, aggravated
assault, incest, child molestation, child abuse, or enticing a child
for indecent purposes, or any felony punishable under Code
Section 16-13-31, relating to prohibited acts regarding marijuana,
cocaine, and illegal drugs. The term dangerous offender shall also
include an inmate who is incarcerated for a second or subsequent
time for the commission of a crime for which the inmate could
have been sentenced to life imprisonment.
(3) Population shall mean the actual number of inmates
present in the correctional institutions of the state prison system
and shall not include state inmates assigned to county operated
correctional institutions.
(b) The Governor, upon certification by the commissioner of the
Department of Offender Rehabilitation and approval by the director
of the Office of Planning and Budget that the population of the prison
system of the State of Georgia has exceeded the capacity for 30
consecutive days, may, within five days of receipt of the commis-
sioners certification, declare a state of emergency with regard to jail
and prison overcrowding.
(c) Upon the declaration of a state of emergency with regard to
the jail and prison overcrowding by the Governor, the State Board of
Pardons and Paroles shall select sufficient state prison inmates to
reduce the state prison population to 100 percent of its capacity and
1360
GENERAL ACTS AND RESOLUTIONS, VOL. I
issue such selected inmates a parole, but no dangerous offender shall
be eligible for selection by the State Board of Pardons and Paroles.
The selection of state prison inmates to be released under the
authority contained herein may be made without regard to limita-
tions placed upon the service of a portion of the prison sentence
provided by Code Section 42-9-45.
(d) It shall be the duty of the director of the Office of Planning
and Budget to prepare an annual report on prison inmates who are
paroled pursuant to this Code section. Such report shall summarize
each such former inmates behavior since parole and generally evalu-
ate the former inmates success or lack of success in becoming a law-
abiding member of society. The annual report shall be filed with the
Clerk of the House and the Secretary of the Senate on or before
December 31, with the first such report submitted by December 31 of
the first year that prison inmates are paroled pursuant to this Code
section. A notice of the filing of this report shall be submitted to each
member of the General Assembly when the annual report is filed with
the Clerk of the House and the Secretary of the Senate. Copies of this
report shall be made available to members of the General Assembly
upon their request. The State Board of Pardons and Paroles, the
Department of Offender Rehabilitation, and other departments and
agencies of the state government shall cooperate with and assist the
director of the Office of Planning and Budget in developing the
information necessary to prepare the annual reports required by this
subsection.
Part 3
Section 7. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1361
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
STATE BOARD OF OFFENDER REHABILITATION
RESPONSIBILITY FOR MEDICAL COSTS.
Code Section 42-5-2 Amended.
No. 1429 (House Bill No. 1336).
AN ACT
To amend an Act comprehensively and exhaustively revising,
superseding, and consolidating the laws relating to the State Board of
Offender Rehabilitation and to prisons, public works camps and
prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as
amended, so as to change the provisions thereof relative to the
responsibility for the payment of certain medical costs incurred by
certain inmates; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act comprehensively and exhaustively revising,
superseding, and consolidating the laws relating to the State Board of
Offender Rehabilitation and to prisons, public works camps and
prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as
amended, is amended by adding at the end of subsection (e) of
Section 13 the following:
It shall be the responsibility of the Department of Offender
Rehabilitation to bear the costs of any reasonable and necessary
1362
GENERAL ACTS AND RESOLUTIONS, VOL. I
emergency medical and hospital care which is provided to any inmate
after the receipt by the department of the notice provided by subsec-
tion (a) of this section who is in the physical custody of any other
political subdivision or governmental agency of this state, except a
county correctional institution, if the inmate is available and eligible
for the transfer of his custody to the Department of Offender Reha-
bilitation pursuant to this section. The department shall also bear the
costs of any reasonable and necessary follow-up medical or hospital
care rendered to any such inmate as a result of the initial emergency
care and treatment of the inmate. It shall remain the responsibility of
the governmental unit having the physical custody of an inmate to
bear the costs of such medical and hospital care, if the custody of the
inmate has been transferred from the department pursuant to any
order of any court within this state. The department shall have the
authority to promulgate rules and regulations relative to payment of
such medical and hospital costs by the department.,
so that when so amended, said subsection (e) shall read as follows:
(e) It shall be the responsibility of the governmental unit,
subdivision or agency having the physical custody of a prisoner to
maintain such prisoner, furnishing food, clothing, and any needed
medical and hospital attention therefor, defending any habeas corpus
or other proceedings instituted by or on behalf of such prisoner, and
bearing all expenses relative to any escape and recapture, including
the expenses of extradition. It shall be the responsibility of the
Department of Offender Rehabilitation to bear the costs of any
reasonable and necessary emergency medical and hospital care which
is provided to any inmate after the receipt by the department of the
notice provided by subsection (a) of this section who is in the physical
custody of any other political subdivision or governmental agency of
this state, except a county correctional institution, if the inmate is
available and eligible for the transfer of his custody to the Depart-
ment of Offender Rehabilitation pursuant to this section. The
department shall also bear the costs of any reasonable and necessary
follow-up medical or hospital care rendered to any such inmate as a
result of the initial emergency care and treatment of the inmate. It
shall remain the responsibility of the governmental unit having the
physical custody of an inmate to bear the costs of such medical and
hospital care, if the custody of the inmate has been transferred from
the department pursuant to any order of any court within this state.
The department shall have the authority to promulgate rules and
regulations relative to payment of such medical and hospital costs by
the department.
GEORGIA LAWS 1982 SESSION
1363
Part 2
Section 2. Code Section 42-5-2 of the Official Code of Georgia
Annotated, relating to the responsibilities and obligations of the
governmental unit having the custody of prison inmates, is amended
by adding at the end thereof the following:
It shall be the responsibility of the Department of Offender
Rehabilitation to bear the costs of any reasonable and necessary
emergency medical and hospital care which is provided to any inmate
after the receipt by the department of the notice provided by subsec-
tion (a) of Code Section 42-5-50 who is in the physical custody of any
other political subdivision or governmental agency of this state,
except a county correctional institution, if the inmate is available and
eligible for the transfer of his custody to the Department of Offender
Rehabilitation pursuant to Code Section 42-5-50. The department
shall also bear the costs of any reasonable and necessary follow-up
medical or hospital care rendered to any such inmate as a result of the
initial emergency care and treatment of the inmate. It shall remain
the responsibility of the governmental unit having the physical
custody of an inmate to bear the costs of such medical and hospital
care, if the custody of the inmate has been transferred from the
department pursuant to any order of any court within this state. The
department shall have the authority to promulgate rules and regula-
tions relative to payment of such medical and hospital costs by the
department.,
so that when so amended Code Section 42-5-2 shall read as follows:
42-5-2. It shall be the responsibility of the governmental unit,
subdivision, or agency having the physical custody of an inmate to
maintain the inmate, furnishing him food, clothing, and any needed
medical and hospital attention; to defend any habeas corpus or other
proceedings instituted by or on behalf of the inmate; and to bear all
expenses relative to any escape and recapture, including the expenses
of extradition. It shall be the responsibility of the Department of
Offender Rehabilitation to bear the costs of any reasonable and
necessary emergency medical and hospital care which is provided to
any inmate after the receipt by the department of the notice provided
by subsection (a) of Code Section 42-5-50 who is in the physical
custody of any other political subdivision or governmental agency of
this state, except a county correctional institution, if the inmate is
available and eligible for the transfer of his custody to the Depart-
1364
GENERAL ACTS AND RESOLUTIONS, VOL. I
ment of Offender Rehabilitation pursuant to Code Section 42-5-50.
The department shall also bear the costs of any reasonable and
necessary follow-up medical or hospital care rendered to any such
inmate as a result of the initial emergency care and treatment of the
inmate. It shall remain the responsibility of the governmental unit
having the physical custody of an inmate to bear the costs of such
medical and hospital care, if the custody of the inmate has been
transferred from the department pursuant to any order of any court
within this state. The department shall have the authority to
promulgate rules and regulations relative to payment of such medical
and hospital costs by the department.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on April 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
DEPARTMENT OF OFFENDER REHABILITATION
REIMBURSEMENT OF COSTS TO COUNTIES.
Code Title 42, Chapter 5 Amended.
No. 1430 (House Bill No. 1337).
AN ACT
To amend Chapter 42-5 of the Official Code of Georgia Annotated,
relating to state and county correctional institutions, so as to provide
GEORGIA LAWS 1982 SESSION
1365
that persons convicted of crimes whose confinement shall be served in
institutions under the control of the Department of Offender Reha-
bilitation shall not remain in confinement in local prison facilities
except under certain specified conditions; to change the provisions
relative to the delivery of custody of inmates to the Department of
Offender Rehabilitation; to change certain of the time limitations
relative to the payment of counties for the reimbursement of costs of
retaining custody of inmates awaiting assumption of their custody by
the Department of Offender Rehabilitation; to provide the necessary
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. Chapter 42-5 of the Official Code of Georgia Anno-
tated, relating to state and county correctional institutions, is
amended by striking in its entirety Code Section 42-5-50, relating to
the transmission of information on convicted persons to the commis-
sioner of the Department of Offender Rehabilitation and to the
assignment and transportation of inmates to the place of detention,
and substituting in lieu thereof a new Code Section 42-5-50 to read as
follows:
42-5-50. (a) Immediately upon the imposition of a sentence as
provided in subsection (b) of Code Section 42-5-51, the clerk of the
court shall notify the commissioner of the sentence and shall forth-
with dispatch, along with such notice, by mail, a complete history of
the convicted person, upon forms provided by the commissioner. The
history shall include a certified copy of the indictment, accusation, or
both, a certified copy of the sentence, and such other information as
the commissioner may require. Except where the clerk is on a salary,
the clerk shall receive from funds of the county the fee prescribed in
Code Section 15-6-77 for such service.
(b) Except as otherwise provided in subsection (c), within 15
days after the receipt of the information provided for in subsection
(a) of this Code section, the commissioner shall assign the convicted
person to a correctional institution designated by him in accordance
with subsection (b) of Code Section 42-5-51. It shall be the financial
1366
GENERAL ACTS AND RESOLUTIONS, VOL. I
responsibility of the correctional institution to provide for the picking
up and transportation, under guard, of the inmate to his assigned
place of detention. If the inmate is assigned to a county correctional
institution or other county facility, the county shall assume such duty
and responsibility.
(c) In the event that the attorney for the convicted person shall
file a written request with the court setting forth that the presence of
the convicted person is required within the county of the conviction,
or incarceration, in order to properly prepare and prosecute the
appeal of the conviction, the convicted person shall not be transferred
to the correctional institution as provided in subsection (b). In such
event the convicted person shall remain in the custody of the local jail
or lockup until all appeals of the conviction shall be disposed of or
until the attorney of record for the convicted person shall file with the
trial court an affidavit setting forth that the presence of the convicted
person is no longer required within the county in which the conviction
occurred, or in which the convicted person is incarcerated, whichever
event shall first occur.
(d) The department shall not be required to assume the custody
of those inmates who have been convicted and sentenced prior to
January 1, 1983, and because their conviction is under appeal have
not been transferred to the custody of the department, until July 1,
1983. The state shall pay for each such inmate not transferred to the
custody of the department the per diem rate specified by subsection
(c) of Code Section 42-5-51 for each day the inmate remains in the
custody of the county after the department receives the notice
provided by subsection (a) on or after January 1,1983.
(e) In the event that the convicted person is free on bond
pending the appeal of his conviction, the notice provided for in
subsection (a) shall not be transmitted to the commissioner until all
appeals of such conviction have been disposed of or until the bond
shall be revoked.
Section 2. Said chapter is further amended by striking from
subsection (c) of Code Section 42-5-51, relating to the reimbursement
of the county for incarceration of inmates awaiting transfer to the
Department of Offender Rehabilitation, wherever it shall appear, the
figure 30 and substituting in lieu thereof the figure 15, by
deleting therefrom the phrase , unless the sentence is under
appeal,, and by striking therefrom $5.00 and substituting in lieu
GEORGIA LAWS 1982 SESSION
1367
thereof $7.50, so that when so amended said subsection (c) of Code
Section 42-5-51 shall read as follows:
(c) After proper documentation is received from the clerk of
the court, the department shall have 15 days to transfer an inmate
under sentence to the place of confinement. If the inmate is not
transferred within the 15 days, the department will reimburse the
county, in a sum not less than $7.50 per day per inmate and in such an
amount as may be appropriated for this purpose by the General
Assembly, for the cost of the incarceration, commencing 15 days after
proper documentation is received by the department from the clerk of
the court. The reimbursement provisions of this Code section shall
only apply to payment for the incarceration of felony inmates
available for transfer to the department, except inmates under death
sentence awaiting transfer after their initial trial, and shall not apply
to inmates who were incarcerated under the custody of the commis-
sioner 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.
Section 3. Said chapter is further amended by deleting in their
entirety Code Sections 42-5-54 through 42-5-56, which Code sections
read as follows:
42-5-54. Authority is granted to city and county jail officials,
sentencing judges, the department, and the wardens and superinten-
dents of all county and state correctional institutions to arrange for
the temporary transfer to state or county correctional institutions of
persons who have been convicted of crimes but who will likely be
involved in lengthy or long-term appeals and thus forced to spend
considerable time in jails or lockups which are not equipped to handle
long-term inmates.
42-5-55. (a) Except in the circumstances described in subsec-
tions (b) and (c) of this Code section, the authority contained in Code
Section 42-5-54 shall not be exercised as to any particular convicted
person until and unless the person or his attorney or both have
requested of the trial judge the desired transfer to a state or county
correctional institution pending outcome of the appeal.
(b) The authority contained in Code Section 42-5-54 may be
exercised when the trial judge certifies in writing to the commissioner
that the continued custody in the local jail or lockup of a person who
1368
GENERAL ACTS AND RESOLUTIONS, VOL. I
has been convicted of the offense of murder, rape, kidnapping, or
armed robbery constitutes a dangerous condition which the local jail
or lockup is not equipped to meet or control.
(c) The authority contained in Code Section 42-5-54 may be
exercised when the trial judge certifies in writing to the commissioner
that the continued custody in the local jail or lockup of a person
whose testimony or actions contributed to the conviction of another
person held in the same local jail or lockup presents a dangerous
situation which the local jail or lockup is not equipped to meet or
control.
(d) The commissioner may decline to accept any convicted
person committed and transferred to his custody under the authority
granted in this Code section if there is not adequate space in a state or
county correctional institution to maintain the person.
42-5-56. The board is authorized to create and promulgate, in
writing, reasonable rules and regulations which shall provide the
methods and procedures for carrying out the authorization contained
in Code Sections 42-5-54 and 42-5-55. The regulations may also
provide for procedures and regulations governing the handling of the
convicted persons, including requiring such work as may lawfully be
permissible. No transfers under Code Sections 42-5-54 and 42-5-55 of
persons convicted of crimes will be permitted until the board has
adopted such rules and regulations.
Section 4. This Act shall become effective on January 1,1983.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 14,1982.
GEORGIA LAWS 1982 SESSION
1369
PROBATE COURTS JURISDICTION OVER
CONTROVERSIES RELATING TO LEGITIMATE
CHILDREN.
Code Sections 24-1901, 74-109, 74-110,
15-9-30 Amended.
No. 1431 (House Bill No. 48).
AN ACT
To amend Code Section 24-1901, relating to subject matter juris-
diction of probate courts, as amended, and Code Chapter 74-1,
relating to legitimate children, so as to provide for court jurisdiction
over certain matters relating to children; to amend the Official Code
of Georgia Annotated accordingly; to provide for effective dates and
automatic repeal; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Section 24-1901, relating to subject matter
jurisdiction of probate courts, as amended, is amended by striking
paragraph 6 and inserting in its place a new paragraph 6 to read as
follows:
6. All controversies as to the right of guardianship, except that
the probate court shall not be an appropriate court to take action
under Code Section 74-109 or Code Section 74-110.
Section 2. Code Chapter 74-1, relating to legitimate children, is
amended by striking Code Sections 74-109 and 74-110 and inserting
in their place new Code Sections 74-109 and 74-110 to read as follows:
74-109. Cruel treatment by parents.Any person may apply to
the appropriate court of the county, alleging the cruel treatment of a
child by his father or mother, who shall cite the parent to answer the
allegation; and such court may at any time hear evidence, and, in its
discretion, appoint a guardian of the person of such child, who shall
be entitled to the possession of him.
1370
GENERAL ACTS AND RESOLUTIONS, VOL. I
74-110. Protection of children being reared under immoral, etc.,
conditions.Whenever any child under the age of 12 years shall be
brought before the appropriate court of the county of such childs
residence, upon the sworn allegation of any citizen that such child was
found under circumstances of destitution and suffering, or abandon-
ment, exposure, or was begging, or that such child is being reared
under immoral, obscene, or indecent influences likely to degrade his
moral character and devote him to a vicious life; and it shall appear to
such court by competent evidence, including such examination of the
child as may be practicable, that by reason of the neglect, habitual
drunkenness, lewd, or other vicious habits of the parents or guardians
of such child, it is necessary for the protection of such child from
suffering, or from degradation, that such parents or guardians shall be
deprived of the custody of such child, the court may commit such
child to any orphan asylum or other charitable institution established
according to law in this State which is willing to receive such child, or
appoint a proper guardian therefor, or make such other disposition of
him as now is, or may hereafter be, provided by law in cases of
disorderly, pauper, or destitute children.
Part 2
Section 3. Code Section 15-9-30 of the Official Code of Georgia
Annotated, relating to subject matter jurisdiction of probate courts, is
amended by striking paragraph (6) and inserting in its place a new
paragraph (6) to read as follows:
(6) All controversies as to the right of guardianship, except that
the probate court shall not be an appropriate court to take action
under Code Section 19-7-4;.
Part 3
Section 4. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1371
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
PUNISHMENT FOR CERTAIN CRIMES OF THEFT.
Code Sections 26-1812, 16-8-12 Amended.
No. 1432 (House Bill No. 73).
AN ACT
To amend Code Section 26-1812, relating to the punishment for
certain crimes of theft, as amended, so as to change the penalty
provisions relating to the crimes of theft; to amend the Official Code
of Georgia Annotated accordingly; to provide effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 26-1812, relating to the punishment for
certain crimes of theft, as amended, is amended by striking from Code
Section 26-1812 the caption, introductory language, and subsection
(a) and inserting in lieu thereof the following:
Punishment. A person convicted of violation of 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
$500.00 in value, or was an automobile or other motor vehicle, by
imprisonment for not less than one and not more than 10 years, or, in
the discretion of the trial judge, as for a misdemeanor;.
1372
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 2
Section 2. Article 1 of Chapter 8 of Title 16 of the Official Code
of Georgia Annotated, relating to offenses involving theft, is amended
by replacing Code Section 16-8-12 with a new Code section to read as
follows:
16-8-12. A person convicted of violation of Code Sections 16-8-
2 through 16-8-9 shall be punished as for a misdemeanor except:
(1) If the property which was the subject of the theft
exceeded $500.00 in value, by imprisonment for not less than one
nor more than ten years or, in the discretion of the trial judge, as
for a misdemeanor;
(2) 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;
(3) If the crime committed was a violation of Code Section
16-8-2 and if the property which was the subject of the theft was a
memorial to the dead or any ornamentation, 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 paragraph shall be construed as to
cause action taken by a cemetery, cemetery owner, lessee, trustee,
church, religious or fraternal organization, corporation, civic orga-
nization, 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; or
(4) (A) The provisions of paragraph (1) of this Code sec-
tion 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 impris-
onment 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 is convicted of a second offense
under this paragraph shall be punished by imprisonment for
not less than three years nor more than 20 years, no portion of
GEORGIA LAWS 1982 SESSION
1373
which may be suspended, probated, deferred, or withheld;
and any person who is convicted of a third offense under this
paragraph shall be punished by imprisonment for not less
than ten years nor more than 20 years, no portion of which
may be suspended, probated, deferred, or withheld.
(B) Subsequent offenses committed under this para-
graph, including those which may have been committed after
prior felony convictions unrelated to this paragraph, shall be
punished as provided in Code Section 17-10-7.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
BOARD OF OFFENDER REHABILITATION
DETAINERS
Code Section 42-6-1 Amended.
No. 1433 (House Bill No. 218).
AN ACT
To amend an Act to comprehensively and exhaustively revise,
supersede, and consolidate the laws relating to the Board of Offender
1374
GENERAL ACTS AND RESOLUTIONS, VOL. I
Rehabilitation and to prisons, public works camps, and prisoners,
approved February 20, 1956 (Ga. L. 1956, p. 161), as amended,
particularly by an Act approved April 8,1968 (Ga. L. 1968, p. 1110), as
amended, so as to provide for the placement of detainers of prison
inmates having outstanding sentences; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act to comprehensively and exhaustively revise,
supersede, and consolidate the laws relating to the Board of Offender
Rehabilitation and to prisons, public works camps, and prisoners,
approved February 20, 1956 (Ga. L. 1956, p. 161), as amended,
particularly by an Act approved April 8,1968 (Ga. L. 1968, p. 1110), as
amended, is amended by striking Section 33.9, relating to the defini-
tion of the word detainer, in its entirety and substituting in lieu
thereof a new Section 33.9 to read as follows:
Section 33.9. For the purposes of this Act the word detainer
shall mean a written instrument executed by the prosecuting officer
of a court and filed with the Department of Offender Rehabilitation
requesting that the Department of Offender Rehabilitation retain
custody of an inmate pending delivery of the inmate to the proper
authorities to stand trial upon a pending indictment, accusation or
information, or to await final disposition of all appeals and other
motions which are pending on any outstanding sentence, and to which
is attached a copy of the indictment, accusation, information, or
conviction which constitutes the basis of the request. The request
shall contain a statement that the prosecuting officer desires and
intends to bring the inmate to trial upon the pending indictment,
accusation, or information, and in the case of an outstanding sen-
tence, that he intends to seek final disposition of all appeals and other
motions.
GEORGIA LAWS 1982 SESSION
1375
Part 2
Section 2. Code Section 42-6-1 of the Official Code of Georgia
Annotated, relating to definitions pertaining to detainers, is amended
by striking paragraph (3) of said Code section in its entirety and
inserting in lieu thereof a new paragraph (3) to read as follows:
(3) Detainer means a written instrument executed by the
prosecuting officer of a court and filed with the department request-
ing that the department retain custody of an inmate pending delivery
of the inmate to the proper authorities to stand trial upon a pending
indictment or accusation, or to await final disposition of all appeals
and other motions which are pending on any outstanding sentence,
and to which is attached a copy of the indictment, accusation, or
conviction which constitutes the basis of the request. The request
shall contain a statement that the prosecuting officer desires and
intends to bring the inmate to trial upon the pending indictment or
accusation, and in the case of an outstanding sentence, that he
intends to seek final disposition of all appeals and other motions.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
1376
GENERAL ACTS AND RESOLUTIONS, VOL. I
THE UNIFORM STANDARDS CODE FOR MOBILE
HOMES ACT AMENDED.
Code Section 91A-1921 Amended.
Code Title 8, Chapter 2 Amended.
No. 1434 (House Bill No. 774).
AN ACT
To amend an Act known as The Uniform Standards Code for
Mobile Homes Act, approved February 12,1973 (Ga. L. 1973, p. 4),
as amended by an Act approved March 21,1974 (Ga. L. 1974, p. 491)
and by an Act approved April 17,1979 (Ga. L. 1979, p. 1286), so as to
change the definition of mobile home; to replace the term mobile
home with manufactured home; to eliminate the requirement for
certain submissions; to eliminate certain exceptions; to provide for
remedies and civil penalties for failure of dealers and manufacturers
to obtain a license; to provide for administrative hearings and presen-
tation of views; to amend Code Section 91A-1921, relating to the
definition of mobile homes, so as to change the definition of mobile
home to manufactured home; to provide for other matters relative
to the foregoing; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act known as The Uniform Standards Code for
Mobile Homes Act, approved February 12,1973 (Ga. L. 1973, p. 4),
as amended by an Act approved March 21,1974 (Ga. L. 1974, p. 491)
and by an Act approved April 17, 1979 (Ga. L. 1979, p. 1286), is
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 shall be known and may be cited
as The Uniform Standards Code for Manufactured Homes Act.
Section 2. Said Act is further amended by striking the terms
mobile home and mobile homes wherever the same appear and
inserting in lieu thereof the terms manufactured home and manu-
factured homes, respectively.
GEORGIA LAWS 1982 SESSION
1377
Section 3. Said Act is further amended by striking subsection (a)
of Section 2 in its entirety and inserting in lieu thereof a new
subsection (a) to read as follows:
(a) Manufactured home means a structure, transportable in
one or more sections, which, in the traveling mode, is eight body feet
or more in width, or 40 body feet or more in length, or, when erected
on site, is 320 or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities and
includes the plumbing, heating, air conditioning, and electrical sys-
tems contained therein; except that such term shall include any
structure which meets all the requirements of this subsection except
the size requirements and with respect to which the manufacturer
voluntarily files a certification required by the secretary of Housing
and Urban Development and complies with the standards established
under The National Mobile Home Construction and Safety Stan-
dards Act of 1974,42 U.S.C. Section 5401, et seq.
Section 4. Said Act is further amended by striking Section 6 in
its entirety and inserting in lieu thereof a new Section 6 to read as
follows:
Section 6. Remedies, (a) Any dealer or manufacturer who fails
to apply for or obtain a license as required by Section 5, or who fails to
remit the appropriate license fee as stated in Section 5, shall be
subject to a civil penalty not to exceed $100.00 for each day that such
violation persists, except that the maximum civil penalty shall not
exceed $20,000.00 for any one violation.
(b) Any such civil penalty may be imposed by the Commissioner
only after notice and hearing as provided for in Section 8 of this Act.
The amount of such penalty may be collected by the Commissioner in
the same manner that money judgments are now enforced in the
superior courts of this state.
(c) In addition to any such civil penalty, the Commissioner may
bring a civil action to enjoin any violation of Section 5, and it shall not
be necessary for the Commissioner to allege or prove the absence of an
adequate remedy at law.
Section 5. 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:
1378
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 8. Hearings and presentation of views, (a) Any hearing
conducted under the provisions of this chapter or of said rules and
regulations promulgated hereunder shall be in accordance with the
Georgia Administrative Procedure Act.
(b) The Commissioner shall be authorized to determine by
regulation the manner in which he will conduct presentations of views
as required during his participation as the Georgia State Administra-
tive Agency pursuant to the National Mobile Home Construction and
Safety Standards Act of 1974,42 U.S.C. Section 5401, et seq.
Section 6. Code Section 91A-1921, relating to the definition of
mobile homes, is hereby amended by striking said Code section in its
entirety and inserting in lieu thereof a new Code Section 91A-1921 to
read as follows:
91A-1921. Mobile homes defined. For the purposes of this
Chapter, mobile homes means manufactured homes and relocatable
homes as defined by Section 2 of The Uniform Standards Code for
Manufactured Homes Act. Those mobile homes which qualify the
taxpayer for homestead exemption under Georgia law shall not be
considered mobile homes and subject to the provisions of this Chap-
ter.
Part 2
Section 7. Article 2 of Chapter 2 of Title 8 of the Official Code of
Georgia Annotated, relating to factory-built dwelling units, is
amended by striking Part 2 of said article in its entirety and inserting
in lieu thereof a new Part 2 to read as follows:
Part 2
8-2-130. This part shall be known and may be cited as The
Uniform Standards Code for Manufactured Homes Act.
8-2-131. As used in this part, the term:
(1) Commissioner means the Georgia Safety Fire Commis-
sioner.
(2) Manufactured home means a structure, transportable
in one or more sections, which, in the traveling mode, is eight body
GEORGIA LAWS 1982 SESSION
1379
feet or more in width or 40 body feet or more in length or, when
erected on site, is 320 or more square feet and which is built on a
permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required
utilities and includes the plumbing, heating, air-conditioning, and
electrical systems contained therein; except that such term shall
include any structure which meets all the requirements of this
paragraph except the size requirements and with respect to which
the manufacturer voluntarily files a certification required by the
secretary of housing and urban development and complies with
the standards established under the National Mobile Home Con-
struction and Safety Standards Act of 1974, 42 U.S.C. Section
5401,etseq.
8-2-132. (a) Because of the manner of construction, assembly,
and use of manufactured homes and their systems, components, and
appliances (including heating, plumbing, and electrical systems),
these types of dwellings may, like other finished products having
concealed vital parts, present hazards to the health, life, and safety of
persons and to the safety of property unless properly manufactured.
In the sale of manufactured homes, there is also the possibility of
defects not readily ascertainable when inspected by purchasers.
Accordingly, it is the policy and purpose of this state to provide
protection to the public against those possible hazards and, for that
purpose, to forbid the manufacture and sale of new manufactured
homes which are not so constructed as to provide reasonable safety
and protection to their owners and users.
(b) The Commissioner is authorized and directed to investigate
and examine engineering and construction practices and techniques;
the properties of construction materials used in the construction and
assembly of manufactured homes; electrical, plumbing, heating, and
other systems and appliances used in manufactured homes; fire
prevention and protective techniques; and other measures to promote
the safety of persons and property and to protect the health of users
of manufactured homes.
(c) The Commissioner is authorized and empowered to issue and
promulgate all rules and procedures which in his judgment are
necessary and desirable to make effective the construction standards
so established.
1380
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) The Commissioner is authorized and empowered to contract
or enter into cooperative agreements with any agency, department, or
instrumentality of the United States; any agency, board, department,
or commission of this state; any county, municipality, or local govern-
ment of the state, or any combination of same; any public or private
corporation, firm, or any persons whatsoever; or any public authority,
agency, commission, or institution, as may be necessary to implement
his responsibilities under this part, to further the stated policy and
purposes thereof, or to participate in the enforcement of manufac-
tured home construction and safety standards which may be promul-
gated pursuant to the National Mobile Home Construction and
Safety Standards Act of 1974,42 U.S.C. Section 5401, et seq.
8-2-133. The Commissioner is charged with the administration
of this part. He may make, amend, alter, and repeal general rules and
regulations of procedure to carry into effect this part, to obtain
statistical data concerning manufactured homes, and to prescribe
means, methods, and practices to make this part effective. The
Commissioner may also make such investigations and inspections as
in his judgment are necessary to enforce and administer this part.
8-2-134. No person may manufacture, sell, or offer for sale any
manufactured home unless such manufactured home and its compo-
nents, systems, and appliances have been constructed and assembled
in accordance with rules issued by the Commissioner for the purpose
of affording reasonable protection to persons and property with
respect to the construction, assembly, and sale of such manufactured
homes and unless compliance with such rules is shown in the manner
required by the Commissioners rules.
8-2-135. (a) Every manufacturer who manufactures manufac-
tured homes outside the State of Georgia and who sells or offers for
sale a manufactured home in Georgia shall apply for and obtain a
license.
(b) Every manufacturer who manufactures manufactured
homes in Georgia shall apply for and obtain a license.
(c) Every dealer who sells or offers for sale manufactured homes
in Georgia shall apply for and obtain a license.
(d) Applications for licenses and renewal licenses shall be
obtained from the Commissioner and submitted to him on or before
GEORGIA LAWS 1982 SESSION
1381
January 1 of each year. All applicants shall certify in the application
that all construction, electrical, heating, and plumbing standards will
be complied with as set forth in this part and in the rules and
regulations of the Commissioner.
(e) The license and renewal license fee shall be $200.00 per
manufacturing plant which manufactures manufactured homes
within the State of Georgia; $200.00 per out-of-state manufacturing
plant which manufactures manufactured homes for the purpose of
offering for sale, or having such homes sold, within the State of
Georgia; and $100.00 per dealer location which sells, offers for sale, or
transports to sell such homes within the State of Georgia. The license
shall be valid from January 1 through December 31 of the year in
which it was issued. The fee for delinquent renewal applications
received after January 10 of each year shall be double the regular
annual renewal fee.
(f) During such time as the Commissioners office is acting as a
primary inspection agency pursuant to Section 623 of the National
Mobile Home Construction and Safety Standards Act of 1974, 42
U.S.C. Section 5401, et seq., or the regulations issued thereunder,
every manufacturer who manufactures manufactured homes in
Georgia shall pay to the Commissioner a manufacturing fee of $8.00
for each manufactured home manufactured in Georgia, irrespective of
whether the manufactured home is offered for sale in this state.
(g) During such time as the Commissioners office is acting as a
primary inspection agency pursuant to Section 623 of the National
Mobile Home Construction and Safety Standards Act of 1974, 42
U.S.C. Section 5401, et seq., the Commissioner may adopt a moni-
toring inspection fee not to exceed the amount established by the
secretary of housing and urban development. This monitoring inspec-
tion fee shall be an amount paid by each manufactured home manu-
facturer in Georgia for each manufactured home manufactured in this
state. The monitoring inspection fee shall be paid by the manufac-
turer to the secretary of housing and urban development or to the
secretarys agent for distribution in accordance with the National
Mobile Home Construction and Safety Standards Act of 1974, 42
U.S.C. Section 5401, et seq., and the regulations promulgated there-
under.
8-2-136. Each manufacturer, distributor, and dealer of manufac-
tured homes shall establish and maintain such records, make such
1382
GENERAL ACTS AND RESOLUTIONS, VOL. I
reports, and provide such information as the Commissioner or the
secretary of housing and urban development may reasonably require
in order to be able to determine whether the manufacturer, distribu-
tor, or dealer has acted or is acting in compliance with this part or
with the National Mobile Home Construction and Safety Standards
Act of 1974, 42 U.S.C. Section 5401, et seq. Upon the request of a
person duly designated by the Commissioner or the secretary of
housing and urban development, each manufacturer, distributor, and
dealer shall permit that person to inspect appropriate books, papers,
records, and documents relevant to determining whether the manu-
facturer, distributor, or dealer has acted or is acting in compliance
with this part or with the National Mobile Home Construction and
Safety Standards Act of 1974,42 U.S.C. Section 5401, et seq.
8-2-137. (a) Any hearing conducted under the provisions of this
chapter or of the rules and regulations promulgated under this part
shall be in accordance with Chapter 13 of Title 50 of the Official Code
of Georgia Annotated.
(b) The Commissioner shall be authorized to determine by
regulation the manner in which he will conduct presentations of views
as required during his participation as the Georgia State Administra-
tive Agency pursuant to the National Mobile Home Construction and
Safety Standards Act of 1974,42 U.S.C. Section 5401, et seq.
8-2-138. Dealers are expressly prohibited from altering or modi-
fying any manufactured home certified under this part and under the
rules and regulations of the Commissioner, except that alterations,
changes, or modifications may be made by dealers certified to make
such alterations, changes, or modifications in accordance with rules
and regulations promulgated by the Commissioner.
8-2-139. (a) No person may interfere with, obstruct, or hinder
an authorized representative of the Commissioner who displays
proper department credentials in the performance of his duties as set
forth in this part.
(b) The Commissioner or any of his authorized representatives,
upon showing proper credentials and in the discharge of their duties
pursuant to this part, are authorized during regular business hours
and without advance notice to enter and inspect all facilities, war-
ehouses, or establishments in the State of Georgia in which manufac-
tured homes are manufactured.
GEORGIA LAWS 1982 SESSION
1383
(c) The Commissioner or any of his authorized representatives,
upon showing proper credentials and in the discharge of their duties
pursuant to this part, are authorized during regular business hours
and without advance notice to enter upon and inspect all premises in
the State of Georgia in which manufactured homes are being sold.
8-2-140. Any authorized representative of the Commissioner
may, upon displaying proper department credentials, stop and
inspect any new manufactured home in transit in order to ascertain if
the manufactured home complies with this part and the rules and
regulations promulgated hereunder, provided that the manufactured
home has been manufactured in this state or has been transported
into this state for the purpose of sale within this state.
8-2-141. (a) Any dealer or manufacturer who fails to apply for or
obtain a license as required by Code Section 8-2-135 or who fails to
remit the appropriate license fee as stated in Code Section 8-2-135
shall be subject to a civil penalty not to exceed $100.00 for each day
that such violation persists, except that the maximum civil penalty
shall not exceed $20,000.00 for any one violation.
(b) Any such civil penalty may be imposed by the Commissioner
only after notice and hearing as provided for in Code Section 8-2-137.
The amount of such penalty may be collected by the Commissioner in
the same manner that money judgments are now enforced in the
superior courts of this state.
(c) In addition to any such civil penalty, the Commissioner may
bring a civil action to enjoin any violation of Code Section 8-2-135,
and it shall not be necessary for the Commissioner to allege or prove
the absence of an adequate remedy at law.
8-2-142. If any state or foreign country imposes upon Georgia-
domiciled manufactured home manufacturers (or upon their agents
or representatives) any taxes, licenses, or other fees in the aggregate,
or any fines, penalties, or other material obligations, prohibitions, or
restrictions, for the privilege of doing business in that state or
country, which costs, obligations, prohibitions, or restrictions are in
excess of similar costs, obligations, prohibitions, or restrictions
imposed by the State of Georgia upon manufactured home manufac-
turers (or their agents or representatives) which are domiciled in that
state or foreign country and which are doing business or are seeking to
do business in the State of Georgia, then so long as that state or
1384
GENERAL ACTS AND RESOLUTIONS, VOL. I
foreign country continues to impose such costs, obligations, prohibi-
tions, or restrictions upon Georgia-domiciled manufactured home
manufacturers (or their agents or representatives), the State of
Georgia shall impose upon manufactured home manufacturers (or
their agents or representatives) which are domiciled in that state or
foreign country and which are doing business or are seeking to do
business in Georgia the same costs, obligations, prohibitions, or
restrictions which are imposed by that state or foreign country on
Georgia-domiciled manufactured home manufacturers (or their
agents or representatives) which are doing business or seeking to do
business in that state or foreign country. Any tax, license, or other fee
or other obligation imposed by any city, county, or other political
subdivision or agency of such other state or country on manufactured
home manufacturers domiciled in Georgia (or their agents or repre-
sentatives) shall be deemed to be imposed by such state or country
within the meaning of this Code section.
8-2-143. (a) Any person in this state who violates any provision
of Section 610 of the National Mobile Home Construction and Safety
Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or any
regulation or final order issued thereunder, shall be liable to the State
of Georgia for a civil penalty not to exceed $1,000.00 for each such
violation. Each violation of Section 610 of the aforementioned act or
of any regulation or order issued thereunder shall constitute a sepa-
rate violation with respect to each manufactured home or with
respect to each failure or refusal to allow or perform an act required
thereby, except that the maximum civil penalty may not exceed $1
million for any related series of violations occurring within one year
from the date of the first violation.
(b) An individual or a director, officer, or agent of a corporation
who knowingly and willfully violates any provision of Section 610 of
the National Mobile Home Construction and Safety Standards Act of
1974,42 U.S.C. Section 5401, et seq., in a manner which threatens the
health or safety of any purchaser shall be guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than $1,000.00
or be imprisoned for not more than 12 months, or both.
Section 8. Code Section 48-5-440 of the Official Code of Georgia
Annotated, relating to definitions as used in certain ad valorem
taxation, is amended by striking paragraph (2) of said Code section in
its entirety and inserting in lieu thereof a new paragraph (2) to read as
follows:
GEORGIA LAWS 1982 SESSION
1385
(2)Mobile homes means manufactured homes and relocatable
homes as defined in Part 2 of Article 2 of Chapter 2 of Title 8 of the
Official Code of Georgia Annotated. Any mobile home which quali-
fies the taxpayer for a homestead exemption under the laws of this
state shall not be considered a mobile home nor subject to this
article.
Part 3
Section 9. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 10. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 16,1982.
GEORGIA RICO (RACKETEER INFLUENCED
AND CORRUPT ORGANIZATIONS) ACT AMENDED.
Code Title 26 Amended.
Code Title 16 Amended.
No. 1435 (House Bill No. 813).
AN ACT
To amend Code Title 26, relating to crimes and offenses, as
amended, so as to make racketeering activity a crime which will
authorize an investigation warrant; to change certain definitions and
1386
GENERAL ACTS AND RESOLUTIONS, VOL. I
provide for additional definitions under the Georgia RICO
(Racketeer Influenced and Corrupt Organizations) Act; to change the
provisions related to prohibited activities under the RICO Act; to
change the provisions relating to forfeitures under said Act; to
provide for reciprocity with other jurisdictions with respect to the
RICO Act; to provide for venue, use of prior convictions, and the
expedition of actions under the RICO Act; to provide procedures for
forfeiture of certain property to the state; to specify when title to
certain property vests in the state; to provide circumstances for
forfeiture of fair market value of such property; to provide for a RICO
lien notice; to provide for effect of notice; to specify powers of
investigative agencies; to specify duties and liabilities of trustees; to
provide exceptions; to specify the term of the notice; to require alien
corporations to file certain information; to provide for costs and
attorneys fees; to provide penalties; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to provide
for automatic repeal of certain provisions of this Act; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Title 26, relating to crimes and offenses, as
amended, is amended by striking in its entirety subsection (c) of
Code Section 26-3004 and inserting in lieu thereof a new subsec-
tion (c) to read as follows:
(c) When there is probable cause to believe that a person is
committing or has committed an act which endangers the national
security of the United States or the security of this State or that such
person is committing or has committed the crime of treason, insur-
rection, rebellion, espionage, sabotage, or any felony involving bodily
harm, or any crimes involving arson, kidnapping, narcotics, danger-
ous drugs, importation, or sale of marijuana, burglary, prostitution,
theft, blackmail, extortion, bribery, gambling, racketeering activity,
or any felony involving alcoholic beverage laws, auto thefts, or there is
probable cause to believe that a private place is being utilized or has
been utilized for the commission of any such crime, then, upon
written application, under oath, of the district attorney of the circuit
wherein the device is to be physically placed, or the Attorney General,
which application affirms that there is probable cause to believe (1)
GEORGIA LAWS 1982 SESSION
1387
that a person is committing or has committed any of the crimes
enumerated in this subsection, or (2) that a private place is being
utilized or has been utilized for the commission of any of the crimes
enumerated in this subsection and sets forth specifically the basis of
such probable cause and particularly describes the person or place,
the crime or crimes, the device or devices to be used, and the specific
conversations and activities to be overheard and observed, as the case
may be, any judge of the superior court of the circuit aforesaid may
issue an investigation warrant permitting the use of devices, as
defined by Section 26-3009, for the surveillance of such person or
place provided such warrant specifies with particularity the device or
devices the use of which is to be thereby permitted, the purpose,
duration and circumstances of use permitted, the crime or crimes
allegedly being committed, and the person or persons and place or
places to be subject to such surveillance.
Section 2. Said Code title is further amended by striking in its
entirety Code Section 26-3402 and inserting in lieu thereof a new
Code Section 26-3402 to read as follows:
26-3402. Definitions. As used in this chapter:
(a) Racketeering activity means to commit, to attempt to
commit, or to solicit, coerce, or intimidate another person to commit
any crime which is chargeable by indictment under the following
Georgia laws:
(1) Code Chapter 79A-8, relating to controlled substances.
(2) Code Chapter 79A-7, known as the Dangerous Drugs
Act.
(3) Subsection (j) of Code Section 79A-811, relating to
marijuana.
(4) Code Chapter 26-11, relating to homicide.
(5) Code Chapter 26-13, relating to bodily injury and
related offenses.
(6) Code Chapter 26-14, relating to arson.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) Code Section 26-1601, relating to burglary.
(8) Code Section 26-1701, relating to forgery in the first
degree.
(9) Code Chapter 26-18, relating to theft.
(10) Code Chapter 26-19, relating to robbery.
(11) Code Sections 26-2012, 26-2013, 26-2014, 26-2016, and
26-2017, relating to prostitution and pandering.
(12) Code Section 26-2101, relating to distributing obscene
materials.
(13) Code Section 26-2301, relating to bribery.
(14) Code Section 26-2313, relating to influencing witnesses.
(15) Code Chapter 26-24, relating to perjury and other falsi-
fications.
(16) Code Section 26-2510, relating to tampering with evi-
dence.
(17) Code Section 26-2703, relating to commercial gambling.
(18) Code Section 58-206, relating to distilling or making
liquors.
(19) An Act known as the Georgia Firearms and Weapons
Act, approved April 8,1968 (Ga. L. 1968, p. 983), as amended.
(20) An Act to prohibit certain unauthorized transfers and
reproductions of recorded material, approved February 27, 1975
(Ga. L. 1975, p. 44), as amended.
(21) Any willful violation of an Act known as the Georgia
Securities Act of 1973, approved April 18, 1973 (Ga. L. 1973, p.
1203), as amended.
(22) Code Section 5A-514, relating to distilling, manufac-
turing, making, or transportation of alcoholic beverages.
GEORGIA LAWS 1982 SESSION
1389
(23) Code Sections 26-1705.1, 26-1705.2, 26-1705.3, and 26-
1705.4, relating to the unlawful use of financial transaction cards.
(24) Subsection (a) of Section 31 of an Act approved March 3,
1961 (Ga. L. 1961, p. 68, Ga. Code Ann. Section 68-431a), as
amended, relating to offenses involving certificates of title for
motor vehicles.
(25) Subsections (b), (c), and (d) of Section 34 of an Act
approved March 3,1961 (Ga. L. 1961, p. 68, Ga. Code Ann. Section
68-434a), as amended, relating to removed, altered, or unautho-
rized identification numbers on motor vehicles.
(26) Code Section 26-1506, relating to use of an article with
an altered identification mark.
(27) An Act approved April 9, 1981 (Ga. L. 1981, p. 947),
known as the Georgia Computer Systems Protection Act.
(28) Any conduct defined as racketeering activity under 18
U.S.C. 1961 (1)(A), (B), (C), and (D).
(b) Racketeering activity shall also mean any act or threat
involving murder, kidnapping, gambling, arson, robbery, theft,
receipt of stolen property, bribery, extortion, obstruction of justice,
dealing in narcotic or dangerous drugs, or dealing in securities which
is chargeable under the laws of the United States or any of the several
states and which is punishable by imprisonment for more than one
year.
(c) Enterprise means any person, sole proprietorship, partner-
ship, corporation, business trust, union chartered under the laws of
this state, or other legal entity, or any unchartered union, association,
or group of individuals associated in fact although not a legal entity;
and it includes illicit as well as licit enterprises and governmental as
well as other entities.
(d) Pattern of racketeering activity means engaging in at least
two incidents of racketeering activity that have the same or similar
intents, results, accomplices, victims, or methods of commission or
otherwise are interrelated by distinguishing characteristics and are
not isolated incidents, provided at least one of such incidents occur-
red after the effective date of this chapter and that the last of such
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GENERAL ACTS AND RESOLUTIONS, VOL. I
incidents occurred within four years, excluding any periods of impris-
onment, after the commission of a prior act of racketeering activity.
(e) Documentary material means any book, paper, document,
writing, drawing, graph, chart, photograph, phonorecord, magnetic
tape, computer printout, other data compilation from which informa-
tion can be obtained or from which information can be translated into
useable form, or other tangible item.
(f) RICO lien notice means the notice described in Code Sec-
tion 26-3412.
(g) Investigative agency means the Department of Law or the
office of any district attorney.
(h) (1) Beneficial interest means either of the following:
(A) The interest of a person as a beneficiary under any
other trust arrangement pursuant to which a trustee holds
legal or record title to real property for the benefit of such
person; or
(B) The interest of a person under any other form of
express fiduciary arrangement pursuant to which any other
person holds legal or record title to real property for the
benefit of such person.
(2) Beneficial interest does not include the interest of a
stockholder in a corporation or the interest of a partner in either a
general partnership or limited partnership. A beneficial interest
shall be deemed to be located where the real property owned by
the trustee is located.
(i) Real property means any real property situated in this state
or any interest in such real property, including, but not limited to, any
lease of or mortgage upon such real property.
(j) (1) Trustee means either of the following:
(A) Any person who holds legal or record title to real
property for which any other person has a beneficial interest;
or
GEORGIA LAWS 1982 SESSION
1391
(B) Any successor trustee or trustees to any of the
foregoing persons.
(2) Trustee does not include the following:
(A) Any person appointed or acting as a personal repre-
sentative under Title 49, relating to guardian and ward, or
under Code Chapter 113-11 or 113-12, relating to the admin-
istration of estates; or
(B) Any person appointed or acting as a trustee of any
testamentary trust or as trustee of any indenture of trust
under which any bonds are or are to be issued.
(k) Criminal proceeding means any criminal proceeding com-
menced by an investigative agency under any provision of this
chapter.
(l) Civil proceeding means any civil proceeding commenced by
an investigative agency under any provision of this chapter.
(m) Alien corporation means a corporation organized under
laws other than the laws of the United States or the laws of any state
of the United States.
Section 3. Said Code title is further amended by adding at the
end of Code Section 26-3403 a new subsection to read as follows:
(c) It is unlawful for any person to conspire or endeavor to
violate any of the provisions of subsections (a) or (b) of this Code
section.
Section 4. Said Code title is further amended by striking in its
entirety paragraph (2) of subsection (d) of Code Section 26-3405 and
inserting in lieu thereof a new paragraph (2) to read as follows:
(2) Seizure may be effected by a law enforcement officer autho-
rized to enforce the penal laws of this state prior to the filing of the
complaint and without a writ of seizure if the seizure is incident to a
lawful arrest, search, or inspection and the officer has probable cause
to believe the property is subject to forfeiture and will be lost or
destroyed if not seized. Within ten days of the date of seizure, such
seizure shall be reported by said officer to the district attorney of the
1392
GENERAL ACTS AND RESOLUTIONS, VOL. I
circuit in which the seizure is effected; and the district attorney shall,
within a reasonable time after receiving notice of seizure, file a
complaint for forfeiture. The complaint shall state, in addition to the
information required in paragraph (1) of this subsection (d), the date
and place of seizure.
Section 5. Said Code title is further amended by adding at the
end of Code Section 26-3405 two new subsections to read as follows:
(k) In lieu of the provisions of subsections (c) through (e), the
state may bring an in personum action for the forfeiture of any
property subject to forfeiture under subsection (a) of this Code
section.
(1) (1) Upon the entry of a final judgment of forfeiture in favor
of the state, the title of the state to the forfeited property shall:
(A) In the case of real property or beneficial interest,
relate back to the date of filing of the RICO lien notice in the
official records of the county where the real property or
beneficial trust is located and, if no RICO lien notice is filed,
then to the date of the filing of any notice of lis pendens
pursuant to an Act providing for the filing of a lis pendens,
approved February 21,1939 (Ga. L. 1939, p. 345), as amended,
in the official records of the county where the real property or
beneficial interest is located and, if no RICO lien notice or
notice of lis pendens is so filed, then to the date of recording of
the final judgment of forfeiture in the official records of the
county where the real property or beneficial interest is
located; and
(B) In the case of personal property, relate back to the
date the personal property was seized by the investigating
agency.
(2) If property subject to forfeiture is conveyed, alienated,
disposed of, or otherwise rendered unavailable for forfeiture after
the filing of a RICO lien notice or after the filing of a civil
proceeding or criminal proceeding, whichever is earlier, the invest-
igative agency may, on behalf of the state, institute an action in
the appropriate superior court against the person named in the
RICO lien notice or the defendant in the civil proceeding or
criminal proceeding; and the court shall enter final judgment
GEORGIA LAWS 1982 SESSION
1393
against the person named in the RICO lien notice or the defendant
in the civil proceeding or criminal proceeding in an amount equal
to the fair market value of the property, together with invest-
igative costs and attorneys fees incurred by the investigative
agency in the action. If a civil proceeding is pending, such action
shall be filed only in the court where such civil proceeding is
pending.
Section 6. Said Code title is further amended by adding at the
end of Code Chapter 26-34 six new Code sections to read as follows:
26-3409. Reciprocity with other jurisdictions, (a) Notwith-
standing any other provision of law, a valid judgment rendered by a
court of a jurisdiction having a law substantially similar to this Code
chapter will be recognized and enforced by the courts of this state to
the extent that a judgment rendered by a court of this state pursuant
to this Code chapter would be enforced in such other jurisdiction.
(b) The Attorney General is hereby authorized to enter into
reciprocal agreements with the attorney general or chief prosecuting
attorney of any jurisdiction having a law substantially similar to this
Code chapter so as to further the purposes of this Code chapter.
26-3410. Venue; prior convictions. In any criminal proceeding
brought pursuant to this Code chapter, the crime shall be considered
to have been committed in any county in which an incident of
racketeering occurred or in which an interest or control of an enter-
prise or real or personal property is acquired or maintained.
26-3411. Expedition of actions. This state may, in any civil action
brought pursuant to this chapter, file with the clerk of the superior
court a certificate stating that the case is of special public importance.
A copy of that certificate shall be furnished immediately by such clerk
to the chief judge or, in his absence, the presiding chief judge of the
superior court in which such action is pending; and, upon receipt of
such copy, the judge shall immediately designate a judge to hear and
determine the action. The judge so designated shall promptly assign
such action for hearing, participate in the hearings and determina-
tion, and cause the action to be expedited.
26-3412. RICO lien notice, (a) Upon the institution of any civil
proceeding, the investigative agency then or at any time during the
pendency of the proceeding may file in the official records of any one
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GENERAL ACTS AND RESOLUTIONS, VOL. I
or more counties a RICO lien notice. No filing fee or other charge
shall be required as a condition for filing the RICO lien notice; and
the clerk of the superior court shall, upon the presentation of a RICO
lien notice, immediately record it in the official records.
(b) The RICO lien notice shall be signed by the Attorney Gen-
eral or his designee or by a district attorney or his designee. The
notice shall be in such form as the Attorney General prescribes and
shall set forth the following information:
(1) The name of the person against whom the civil proceed-
ing has been brought. In its discretion, the investigative agency
may also name in the RICO lien notice any other aliases, names, or
fictitious names under which the person may be known. In its
discretion, the investigative agency may also name in the RICO
lien notice any corporation, partnership, or other entity that is
either controlled by or entirely owned by the person;
(2) If known to the investigative agency, the present resi-
dence and business addresses of the person named in the RICO
lien notice and of the other names set forth in the RICO lien
notice;
(3) A reference to the civil proceeding stating that a pro-
ceeding under this chapter has been brought against the person
named in the RICO lien notice, the name of the county or counties
where the proceeding has been brought, and, if known to the
investigative agency at the time of filing the RICO lien notice, the
case number of the proceeding;
(4) A statement that the notice is being filed pursuant to
Code Chapter 26-34; and
(5) The name and address of the investigative agency filing
the RICO lien notice and the name of the individual signing the
RICO lien notice.
(c) A RICO lien notice shall apply only to one person and, to the
extent applicable, any aliases, fictitious names, or other names,
including names of corporations, partnerships, or other entities, to
the extent permitted in subsection (a). A separate RICO lien notice
shall be filed for any other person against whom the investigative
agency desires to file a RICO lien notice under this Code section.
GEORGIA LAWS 1982 SESSION
1395
(d) The investigative agency shall, as soon as practicable after
the filing of each RICO lien notice, furnish to the person named in the
notice either a copy of the recorded notice or a copy of the notice with
a notation thereon of the county or counties in which the notice has
been recorded. The failure of the investigative agency to so furnish a
copy of the notice under this subsection shall not invalidate or
otherwise affect the notice.
(e) The filing of a RICO lien notice creates, from the time of its
filing, a lien in favor of the state on the following property of the
person named in the notice and against any other names set forth in
the notice:
(1) Any real property situated in the county where the
notice is filed then or thereafter owned by the person or under any
of the names; and
(2) Any beneficial interest situated in the county where the
notice is filed then or thereafter owned by the person or under any
of the names.
(f) The lien shall commence and attach as of the time of filing of
the RICO lien notice and shall continue thereafter until expiration,
termination, or release pursuant to Code Section 26-3413. The lien
created in favor of the state shall be superior and prior to the interest
of any other person in the real property or beneficial interest if the
interest is acquired subsequent to the filing of the notice.
(g) In conjunction with any civil proceeding:
(1) The investigative agency may file without prior court
order in any county a lis pendens and, in such case, any person
acquiring an interest in the subject real property or beneficial
interest, if the real property or beneficial interest is acquired
subsequent to the filing of lis pendens, shall take the interest
subject to the civil proceeding and any subsequent judgment of
forfeiture; and
(2) If a RICO lien notice has been filed, the investigative
agency may name as defendants, in addition to the person named
in the notice, any persons acquiring an interest in the real prop-
erty or beneficial interest subsequent to the filing of the notice. If
a judgment of forfeiture is entered in the proceeding in favor of the
1396
GENERAL ACTS AND RESOLUTIONS, VOL. I
state, the interest of any person in the property that was acquired
subsequent to the filing of the notice shall be subject to the notice
and judgment of forfeiture.
(h) (1) A trustee who acquires actual knowledge that a RICO
lien notice or a civil proceeding or criminal proceeding has been
filed against any person for whom he holds legal or record title to
real property shall immediately furnish to the investigative agency
the following:
(A) The name and address of the person, as known to
the trustee;
(B) The name and address, as known to the trustee, of
all other persons for whose benefit the trustee holds title to
the real property; and
(C) If requested by the investigative agency, a copy of
the trust agreement or other instrument pursuant to which
the trustee holds legal or record title to the real property.
(2) Any trustee who fails to comply with the provisions of
this subsection is guilty of a misdemeanor.
(i) Any trustee who conveys title to real property for which a
RICO lien notice has been filed at the time of the conveyance in the
county where the real property is situated naming a person who, to
the actual knowledge of the trustee, holds a beneficial interest in the
trust shall be liable to the state for the greater of:
(1) The amount of proceeds received directly by the person
named in the RICO lien notice as a result of the conveyance;
(2) The amount of proceeds received by the trustee as a
result of the conveyance and distributed to the person named in
the RICO lien notice; or
(3) The fair market value of the interest of the person
named in the RICO lien notice in the real property so conveyed;
however, if the trustee conveys the real property and holds the
proceeds that would otherwise be paid or distributed to the
beneficiary or at the direction of the beneficiary or his designee,
the trustees liability shall not exceed the amount of the proceeds
so held for so long as the proceeds are held by the trustee.
GEORGIA LAWS 1982 SESSION
1397
(j) The filing of a RICO lien notice shall not constitute a lien on
the record title to real property as owned by the trustee except to the
extent the trustee is named in the RICO lien notice. The investigative
agency may bring a civil proceeding in any superior court against the
trustee to recover from the trustee the amounts set forth in subsection
(i), and the state shall also be entitled to recover investigative costs
and attorneys fees incurred by the investigative agency.
(k) The filing of a RICO lien notice shall not affect the use to
which real property or a beneficial interest owned by the person
named in the RICO lien notice may be put or the right of the person to
receive any avails, rents, or other proceeds resulting from the use and
ownership, but not the sale, of the property until a judgment of
forfeiture is entered.
(l) (1) The provisions of this Code section shall not apply to
any conveyance by a trustee pursuant to a court order unless such
court order is entered in an action between the trustee and the
beneficiary.
(2) Unless the trustee has actual knowledge that a person
owning a beneficial interest in the trust is named in a RICO lien
notice or is otherwise a defendant in a civil proceeding, the
provisions of this Code section shall not apply to:
(A) Any conveyance by a trustee required under the
terms of any trust agreement, which trust agreement is a
matter of public record prior to the filing of any RICO lien
notice; or
(B) Any conveyance by a trustee to all of the persons
who own a beneficial interest in the trust.
(m) All forfeitures or dispositions under this Code section shall
be made with due provision for the rights of innocent persons.
26-3413. Term, (a) The term of a RICO lien notice shall be for a
period of six years from the date of filing unless a renewal RICO lien
notice has been filed by the investigative agency; and, in such case,
the term of the renewal RICO lien notice shall be for a period of six
years from the date of its filing. The investigative agency shall be
entitled to only one renewal of the RICO lien notice.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The investigative agency filing the RICO lien notice may
release in whole or in part any RICO lien notice or may release any
specific real property or beneficial interest from the RICO lien notice
upon such terms and conditions as it may determine. Any release of a
RICO lien notice executed by the investigative agency may be filed in
the official records of any county. No charge or fee shall be imposed
for the filing of any release of a RICO lien notice.
(c) If no civil proceeding has been instituted by the investigative
agency seeking a forfeiture of any property owned by the person
named in the RICO lien notice, the acquittal in the criminal proceed-
ing of the person named in the RICO lien notice or the dismissal of the
criminal proceeding shall terminate the RICO lien notice; and, in such
case, the filing of the RICO lien notice shall have no effect. In the
event the criminal proceeding has been dismissed or the person
named in the RICO lien notice has been acquitted in the criminal
proceeding, the RICO lien notice shall continue for the duration of
the civil proceeding.
(d) If no civil proceeding is then pending against the person
named in a RICO lien notice, any person named in a RICO lien notice
may institute an action against the investigative agency filing the
notice in the county where the notice has been filed seeking a release
or extinguishment of the notice; and, in such case:
(1) The court shall, upon the motion of such person, imme-
diately enter an order setting a date for hearing, which date shall
be not less than five nor more than ten days after the suit has been
filed; and the order, along with a copy of the complaint, shall be
served on the investigative agency within three days after the
institution of the suit. At the hearing, the court shall take
evidence on the issue of whether any real property or beneficial
interest owned by such person is covered by the RICO lien notice
or otherwise subject to forfeiture under the Georgia RICO Act;
and, if such person shows by the preponderance of the evidence
that the RICO lien notice is not applicable to him or that any real
property or beneficial interest owned by him is not subject to
forfeiture under this chapter, the court shall enter a judgment
extinguishing the RICO lien notice or releasing the real property
or beneficial interest from the RICO lien notice;
(2) The court shall immediately enter its order releasing
from the RICO lien notice any specific real property or beneficial
GEORGIA LAWS 1982 SESSION
1399
interest if a sale of the real property or beneficial interest is
pending and the filing of the notice prevents the sale of the
property or interest; however, the proceeds resulting from the sale
of the real property or beneficial interest shall be deposited into
the registry of the court, subject to the further order of the court;
and
(3) At the hearing set forth in paragraph (1), the court may
release from the RICO lien notice any real property or beneficial
interest upon the posting by such person of such security as is
equal to the value of the real property or beneficial interest owned
by such person.
(e) In the event a civil proceeding is pending against a person
named in a RICO lien notice, the court, upon motion by said person,
may grant the relief set forth herein.
26-3414. Alien corporations, (a) Each alien corporation desiring
to acquire of record any real property shall have, prior to acquisition,
and shall continuously maintain in this state during any year there-
after in which such real property is owned by the alien corporation:
(1) A registered office; and
(2) A registered agent, which agent may be either:
(A) An individual resident in this state whose business
office is identical with such registered office; or
(B) Another corporation authorized to transact busi-
ness in this state having a business office identical with such
registered office.
(b) Each registered agent appointed pursuant to this Code sec-
tion, on whom process may be served, shall file a statement in writing
with the Secretary of State accepting the appointment as registered
agent simultaneously with being designated.
(c) Each alien corporation shall file with the Secretary of State
no earlier than January 1 and no later than July 1 of each year a sworn
report on such forms as the Secretary of State shall prescribe setting
forth:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) The name of the alien corporation;
(2) The street address of the principal office of the alien
corporation;
(3) The name and street address of each officer and each
director of the alien corporation;
(4) The name and street address of the registered agent and
registered office of the alien corporation; and
(5) The signature of the corporate president, vice president,
secretary, assistant secretary, or treasurer attesting to the accu-
racy of the report as of the day immediately preceding filing of this
report.
(d) The Secretary of State shall collect a filing fee of $15.00 for
each such report filed and a fee of $20.00 plus the past years fee for a
late filing.
(e) The Secretary of State shall record the status of any alien
corporation that fails to comply with the requirements of this Code
section.
(f) Each alien corporation that fails to file a report as required by
subsection (c) or fails to maintain a registered office and a registered
agent as required by subsection (a) shall not be entitled to own,
purchase, or sell any real property and shall not be entitled to sue or
defend in the courts of the state until such requirements have been
complied with.
(g) The filing of a report by a corporation as required by
subsection (c) shall be solely for the purposes of this chapter and,
notwithstanding Code Section 22-404 or any other relevant law, shall
not be used as a determination of whether the corporation is actually
doing business in this state.
Part 2
Section 7. Title 16 of the Official Code of Georgia Annotated,
relating to crimes and offenses, is amended by striking in its entirety
paragraph (1) of subsection (b) of Code Section 16-11-64 and insert-
ing in lieu thereof a new paragraph (1) to read as follows:
GEORGIA LAWS 1982 SESSION
1401
(1) When there is probable cause to believe that a person is
committing or has committed an act which endangers the national
security of the United States or the security of this state or that such
person is committing or has committed the crime of treason, insur-
rection, rebellion, espionage, sabotage, or any felony involving bodily
harm, or any crimes involving arson, kidnapping, narcotics, danger-
ous drugs, importation or sale of marijuana, burglary, prostitution,
theft, blackmail, extortion, bribery, gambling, racketeering activity,
or any felony involving alcoholic beverage laws or auto thefts or there
is probable cause to believe that a private place is being utilized or has
been utilized for the commission of any such crime, then, upon
written application, under oath, of the district attorney of the circuit
wherein the device is to be physically placed, or the Attorney General,
which application affirms that there is probable cause to believe:
(A) That a person is committing or has committed any of
the crimes enumerated in this paragraph; or
(B) That a private place is being utilized or has been
utilized for the commission of any of the crimes enumerated in
this paragraph and sets forth specifically the basis of such proba-
ble cause and particularly describes the person or place, the crime
or crimes, the device or devices to be used, and the specific
conversations and activities to be overheard or observed, as the
case may be, any judge of the superior court of the circuit aforesaid
may issue an investigation warrant permitting the use of devices,
as defined by Code Section 16-11-60, for the surveillance of such
person or place, provided the warrant specifies with particularity
the device or devices the use of which is to be permitted thereby;
the purpose, duration and circumstances of use permitted; the
crime or crimes allegedly being committed; and the person or
persons and place or places to be subject to such surveillance.
Section 8. Said title is further amended by striking in its entirety
Code Section 16-14-3 and inserting in lieu thereof a new Code Section
16-14-3 to read as follows:
16-14-3. As used in this chapter, the term:
(1) Enterprise means any person, sole proprietorship,
partnership, corporation, business trust, union chartered under
the laws of this state, or other legal entity; or any unchartered
union, association, or group of individuals associated in fact
1402 GENERAL ACTS AND RESOLUTIONS, VOL. I
although not a legal entity; and it includes illicit as well as licit
enterprises and governmental as well as other entities.
(2) Pattern of racketeering activity means engaging in at
least two incidents of racketeering activity that have the same or
similar intents, results, accomplices, victims, or methods of com-
mission or otherwise are interrelated by distinguishing character-
istics and are not isolated incidents, provided at least one of such
incidents occurred after July 1, 1980, and that the last of such
incidents occurred within four years, excluding any periods of
imprisonment, after the commission of a prior incident of
racketeering activity.
(3) (A) Racketeering activity means to commit, to
attempt to commit, or to solicit, coerce, or intimidate another
person to commit any crime which is chargeable by indic-
tment under the following laws of this state:
(i) Article 2 of Chapter 13 of this title, relating to
controlled substances;
(ii) Article 3 of Chapter 13 of this title, known as
the Dangerous Drugs Act;
(iii) Subsection (j) of Code Section 16-13-30, relat-
ing to marijuana;
(iv) Article 1 of Chapter 5 of this title, relating to
homicide;
(v) Article 2 of Chapter 5 of this title, relating to
bodily injury and related offenses;
(vi) Article 3 of Chapter 7 of this title, relating to
arson;
(vii) Code Section 16-7-1, relating to burglary;
(viii) Code Section 16-9-1, relating to forgery in the
first degree;
(ix) Article 1 of Chapter 8 of this title, relating to
theft;
GEORGIA LAWS 1982 SESSION
1403
(x) Article 2 of Chapter 8 of this title, relating to
robbery;
(xi) Code Sections 16-6-9 through 16-6-12 and 16-
6-14, relating to prostitution and pandering;
(xii) Code Section 16-12-80, relating to distribut-
ing obscene materials;
(xiii) Code Section 16-10-2, relating to bribery;
(xiv) Code Section 16-10-93, relating to influenc-
ing witnesses;
(xv) Article 4 of Chapter 9 of this title and Code
Sections 16-10-20, 16-10-23, 16-10-91, and 16-10-95,
relating to perjury and other falsifications;
(xvi) Code Section 16-10-94, relating to tampering
with evidence;
(xvii) Code Section 16-12-22, relating to commer-
cial gambling;
(xviii) Code Section 3-3-27, relating to distilling or
making liquors;
(xix) Part 2 of Article 4 of Chapter 11 of this title,
known as the Georgia Firearms and Weapons Act;
(xx) Code Section 16-8-60, relating to unautho-
rized transfers and reproductions of recorded material;
(xxi) Code Section 10-5-24, relating to violations of
the Georgia Securities Act of 1973;
(xxii) Code Section 3-3-27, relating to the unlawful
distillation, manufacture, and transportation of alcoholic
beverages;
(xxiii) Code Sections 16-9-31,16-9-32,16-9-33, and
16-9-34, relating to the unlawful use of financial trans-
action cards;
1404
GENERAL ACTS AND RESOLUTIONS, VOL. I
(xxiv) Code Section 40-3-90, relating to certain
felonies involving certificates of title, security interest, or
liens concerning motor vehicles;
(xxv) Code Section 40-4-21, relating to removal or
falsification of identification numbers;
(xxvi) Code Section 40-4-22, relating to possession
of motor vehicle parts from which the identification has
been removed;
(xxvii) Code Section 16-9-70, relating to use of an
article with an altered identification mark;
(xxviii) Article 6 of Chapter 9 of this title, known
as the Georgia Computer Systems Protection Act; or
(xxix) Any conduct defined as racketeering activ-
ity under 18 U.S.C. 1961 (1)(A), (B), (C), and (D).
(B) Racketeering activity shall also mean any act or
threat involving murder, kidnapping, gambling, arson,
robbery, theft, receipt of stolen property, bribery, extortion,
obstruction of justice, dealing in narcotic or dangerous drugs,
or dealing in securities which is chargeable under the laws of
the United States or any of the several states and which is
punishable by imprisonment for more than one year.
(4) Documentary material means any book, paper, docu-
ment, writing, drawing, graph, chart, photograph, phonorecord,
magnetic tape, computer printout, other data compilation from
which information can be obtained or from which information can
be translated into useable form, or other tangible item.
(5) RICO lien notice means the notice described in Code
Section 16-14-13.
(6) Investigative agency means the Department of Law or
the office of any district attorney.
(7) (A) Beneficial interest means either of the following:
GEORGIA LAWS 1982 SESSION
1405
(i) The interest of a person as a beneficiary under
any other trust arrangement pursuant to which a trustee
holds legal or record title to real property for the benefit
of such person; or
(ii) The interest of a person under any other form
of express fiduciary arrangement pursuant to which any
other person holds legal or record title to real property
for the benefit of such person.
(B) Beneficial interest does not include the interest of
a stockholder in a corporation or the interest of a partner in
either a general partnership or limited partnership. A benefi-
cial interest shall be deemed to be located where the real
property owned by the trustee is located.
(8) Real property means any real property situated in this
state or any interest in such real property, including, but not
limited to, any lease of or mortgage upon such real property.
(9) (A) Trustee means either of the following:
(i) Any person who holds legal or record title to
real property for which any other person has a beneficial
interest; or
(ii) Any successor trustee or trustees to any of the
foregoing persons.
(B) Trustee does not include the following:
(i) Any person appointed or acting as a personal
representative under Title 29, relating to guardian and
ward, or under Chapter 6 of Title 53, relating to the
administration of estates; or
(ii) Any person appointed or acting as a trustee of
any testamentary trust or as trustee of any indenture of
trust under which any bonds are or are to be issued.
(10) Criminal proceeding means any criminal proceeding
commenced by an investigative agency under any provision of this
chapter.
1406
GENERAL ACTS AND RESOLUTIONS, VOL. I
(11) Civil proceeding means any civil proceeding com-
menced by an investigative agency under any provision of this
chapter.
(12) Alien corporation means a corporation organized under
laws other than the laws of the United States or the laws of any
state of the United States.
Section 9. Said title is further amended hy adding at the end of
Code Section 16-14-4 a new subsection, to be designated subsection
(c), to read as follows:
(c) It is unlawful for any person to conspire or endeavor to
violate any of the provisions of subsections (a) or (b) of this Code
section.
Section 10. Said title is further amended by striking in its
entirety subsection (f) of Code Section 16-14-7 and inserting in lieu
thereof a new subsection (f) to read as follows:
(f) Seizure may be effected by a law enforcement officer autho-
rized to enforce the penal laws of this state prior to the filing of the
complaint and without a writ of seizure if the seizure is incident to a
lawful arrest, search, or inspection and the officer has probable cause
to believe the property is subject to forfeiture and will be lost or
destroyed if not seized. Within ten days of the date of seizure, the
seizure shall be reported by the officer to the district attorney of the
circuit in which the seizure is effected; and the district attorney shall,
within a reasonable time after receiving notice of seizure, file a
complaint for forfeiture. The complaint shall state, in addition to the
information required in subsection (e) of this Code section, the date
and place of seizure.
Section 11. Said title is further amended by adding at the end of
Code Section 16-14-7 two new subsections, to be designated subsec-
tions (m) and (n), to read as follows:
(m) In lieu of the provisions of subsections (c) through (g), the
state may bring an in personam action for the forfeiture of any
property subject to forfeiture under subsection (a) of this Code
section.
GEORGIA LAWS 1982 SESSION
1407
(n) (1) Upon the entry of a final judgment of forfeiture in favor
of the state, the title of the state to the forfeited property shall:
(A) In the case of real property or beneficial interest,
relate back to the date of filing of the RICO lien notice in the
official records of the county where the real property or
beneficial trust is located and, if no RICO lien notice is filed,
then to the date of the filing of any notice of lis pendens under
Article 9 of Chapter 14 of Title 44 in the official records of the
county where the real property or beneficial interest is located
and, if no RICO lien notice or notice of lis pendens is so filed,
then to the date of recording of the final judgment of forfei-
ture in the official records of the county where the real
property or beneficial interest is located; and
(B) In the case of personal property, relate back to the
date the personal property was seized by the investigating
agency.
(2) If property subject to forfeiture is conveyed, alienated,
disposed of, or otherwise rendered unavailable for forfeiture after
the filing of a RICO lien notice or after the filing of a civil
proceeding or criminal proceeding, whichever is earlier, the invest-
igative agency may, on behalf of the state, institute an action in
the appropriate superior court against the person named in the
RICO lien notice or the defendant in the civil proceeding or
criminal proceeding; and the court shall enter final judgment
against the person named in the RICO lien notice or the defendant
in the civil proceeding or criminal proceeding in an amount equal
to the fair market value of the property, together with invest-
igative costs and attorneys fees incurred by the investigative
agency in the action. If a civil proceeding is pending, such action
shall be filed only in the court where such civil proceeding is
pending.
Section 12. Said Code title is further amended by adding at the
end of Chapter 14, immediately following Code Section 16-14-9, six
new Code sections to read as follows:
16-14-10. (a) Notwithstanding any other provision of law, a
valid judgment rendered by a court of a jurisdiction having a law
substantially similar to this chapter will be recognized and enforced
by the courts of this state to the extent that a judgment rendered by a
1408
GENERAL ACTS AND RESOLUTIONS, VOL. I
court of this state pursuant to this chapter would be enforced in such
other jurisdiction.
(b) The Attorney General is authorized to enter into reciprocal
agreements with the attorney general or chief prosecuting attorney of
any jurisdiction having a law substantially similar to this chapter so
as to further the purposes of this chapter.
16-14-11. In any criminal proceeding brought pursuant to this
chapter, the crime shall be considered to have been committed in any
county in which an incident of racketeering occurred or in which an
interest or control of an enterprise or real or personal property is
acquired or maintained.
16-14-12. This state may, in any civil action brought pursuant to
this chapter, Hie with the clerk of the superior court a certificate
stating that the case is of special public importance. A copy of that
certificate shall be furnished immediately by such clerk to the chief
judge or, in his absence, the presiding chief judge of the superior court
in which such action is pending; and, upon receipt of such copy, the
judge shall immediately designate a judge to hear and determine the
action. The judge so designated shall promptly assign such action for
hearing, participate in the hearings and determination, and cause the
action to be expedited.
16-14-13. (a) Upon the institution of any civil proceeding, the
investigative agency then or at any time during the pendency of the
proceeding may file in the official records of any one or more counties
a RICO lien notice. No filing fee or other charge shall be required as a
condition for filing the RICO lien notice; and the clerk of the superior
court shall, upon the presentation of a RICO lien notice, immediately
record it in the official records.
(b) The RICO lien notice shall be signed by the Attorney Gen-
eral or his designee or by a district attorney or his designee. The
notice shall be in such form as the Attorney General prescribes and
shall set forth the following information:
(1) The name of the person against whom the civil proceed-
ing has been brought. In its discretion, the investigative agency
may also name in the RICO lien notice any other aliases, names, or
fictitious names under which the person may be known. In its
discretion, the investigative agency may also name in the RICO
GEORGIA LAWS 1982 SESSION
1409
lien notice any corporation, partnership, or other entity that is
either controlled by or entirely owned by the person;
(2) If known to the investigative agency, the present resi-
dence and business addresses of the person named in the RICO
lien notice and of the other names set forth in the RICO lien
notice;
(3) A reference to the civil proceeding stating that a pro-
ceeding under this chapter has been brought against the person
named in the RICO lien notice, the name of the county or counties
where the proceeding has been brought, and, if known to the
investigative agency at the time of filing the RICO lien notice, the
case number of the proceeding;
(4) A statement that the notice is being filed pursuant to
this chapter; and
(5) The name and address of the investigative agency filing
the RICO lien notice and the name of the individual signing the
RICO lien notice.
(c) A RICO lien notice shall apply only to one person and, to the
extent applicable, any aliases, fictitious names, or other names,
including names of corporations, partnerships, or other entities, to
the extent permitted in paragraph (1) of subsection (b). A separate
RICO lien notice shall be filed for any other person against whom the
investigative agency desires to file a RICO lien notice under this Code
section.
(d) The investigative agency shall, as soon as practicable after
the filing of each RICO lien notice, furnish to the person named in the
notice either a copy of the recorded notice or a copy of the notice with
a notation thereon of the county or counties in which the notice has
been recorded. The failure of the investigative agency to so furnish a
copy of the notice under this subsection shall not invalidate or
otherwise affect the notice.
(e) The filing of a RICO lien notice creates, from the time of its
filing, a lien in favor of the state on the following property of the
person named in the notice and against any other names set forth in
the notice:
1410
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Any real property situated in the county where the
notice is filed then or thereafter owned by the person or under any
of the names; and
(2) Any beneficial interest situated in the county where the
notice is filed then or thereafter owned by the person or under any
of the names.
(f) The lien shall commence and attach as of the time of filing of
the RICO lien notice and shall continue thereafter until expiration,
termination, or release pursuant to Code Section 16-14-14. The lien
created in favor of the state shall be superior and prior to the interest
of any other person in the real property or beneficial interest if the
interest is acquired subsequent to the filing of the notice.
(g) In conjunction with any civil proceedings:
(1) The investigative agency may file without prior court
order in any county a lis pendens and, in such case, any person
acquiring an interest in the subject real property or beneficial
interest, if the real property or beneficial interest is acquired
subsequent to the filing of lis pendens, shall take the interest
subject to the civil proceeding and any subsequent judgment of
forfeiture; and
(2) If a RICO lien notice has been filed, the investigative
agency may name as defendants, in addition to the person named
in the notice, any persons acquiring an interest in the real prop-
erty or beneficial interest subsequent to the filing of the notice. If
a judgment of forfeiture is entered in the proceeding in favor of the
state, the interest of any person in the property that was acquired
subsequent to the filing of the notice shall be subject to the notice
and judgment of forfeiture.
(h) (1) A trustee who acquires actual knowledge that a RICO
lien notice or a civil proceeding or criminal proceeding has been
filed against any person for whom he holds legal or record title to
real property shall immediately furnish to the investigative agency
the following:
(A) The name and address of the person, as known to
the trustee;
GEORGIA LAWS 1982 SESSION
1411
(B) The name and address, as known to the trustee, of
all other persons for whose benefit the trustee holds title to
the real property; and
(C) If requested by the investigative agency, a copy of
the trust agreement or other instrument pursuant to which
the trustee holds legal or record title to the real property.
(2) Any trustee who fails to comply with the provisions of
this subsection is guilty of a misdemeanor.
(i) Any trustee who conveys title to real property for which a
RICO lien notice has been filed at the time of the conveyance in the
county where the real property is situated naming a person who, to
the actual knowledge of the trustee, holds a beneficial interest in the
trust shall be liable to the state for the greater of:
(1) The amount of proceeds received directly by the person
named in the RICO lien notice as a result of the conveyance;
(2) The amount of proceeds received by the trustee as a
result of the conveyance and distributed to the person named in
the RICO lien notice; or
(3) The fair market value of the interest of the person
named in the RICO lien notice in the real property so conveyed;
however, if the trustee conveys the real property and holds the
proceeds that would otherwise be paid or distributed to the
beneficiary or at the direction of the beneficiary or his designee,
the trustees liability shall not exceed the amount of the proceeds
so held for so long as the proceeds are held by the trustee.
(j) The filing of a RICO lien notice shall not constitute a lien on
the record title to real property as owned by the trustee except to the
extent the trustee is named in the RICO lien notice. The investigative
agency may bring a civil proceeding in any superior court against the
trustee to recover from the trustee the amounts set forth in subsection
(i), and the state shall also be entitled to recover investigative costs
and attorneys fees incurred by the investigative agency.
(k) The filing of a RICO lien notice shall not affect the use to
which real property or a beneficial interest owned by the person
named in the RICO lien notice may be put or the right of the person to
1412
GENERAL ACTS AND RESOLUTIONS, VOL. I
receive any avails, rents, or other proceeds resulting from the use and
ownership, but not the sale, of the property until a judgment of
forfeiture is entered.
(l) (1) The provisions of this Code section shall not apply to
any conveyance by a trustee pursuant to a court order unless such
court order is entered in an action between the trustee and the
beneficiary.
(2) Unless the trustee has actual knowledge that a person
owning a beneficial interest in the trust is named in a RICO lien
notice or is otherwise a defendant in a civil proceeding, the
provisions of this Code section shall not apply to:
(A) Any conveyance by a trustee required under the
terms of any trust agreement, which trust agreement is a
matter of public record prior to the filing of any RICO lien
notice; or
(B) Any conveyance by a trustee to all of the persons
who own a beneficial interest in the trust.
(m) All forfeitures or dispositions under this Code section shall
be made with due provision for the rights of innocent persons.
16-14-14. (a) The term of a RICO lien notice shall be for a
period of six years from the date of filing unless a renewal RICO lien
notice has been filed by the investigative agency; and, in such case,
the term of the renewal RICO lien notice shall be for a period of six
years from the date of its filing. The investigative agency shall be
entitled to only one renewal of the RICO lien notice.
(b) The investigative agency filing the RICO lien notice may
release in whole or in part any RICO lien notice or may release any
specific real property or beneficial interest from the RICO lien notice
upon such terms and conditions as it may determine. Any release of a
RICO lien notice executed by the investigative agency may be filed in
the official records of any county. No charge or fee shall be imposed
for the filing of any release of a RICO lien notice.
(c) If no civil proceeding has been instituted by the investigative
agency seeking a forfeiture of any property owned by the person
named in the RICO lien notice, the acquittal in the criminal proceed-
GEORGIA LAWS 1982 SESSION
1413
ing of the person named in the RICO lien notice or the dismissal of the
criminal proceeding shall terminate the RICO lien notice; and, in such
case, the filing of the RICO lien notice shall have no effect. In the
event the criminal proceeding has been dismissed or the person
named in the RICO lien notice has been acquitted in the criminal
proceeding, the RICO lien notice shall continue for the duration of
the civil proceeding.
(d) If no civil proceeding is then pending against the person
named in a RICO lien notice, any person named in a RICO lien notice
may institute an action against the investigative agency filing the
notice in the county where the notice has been filed seeking a release
or extinguishment of the notice; and, in such case:
(1) The court shall, upon the motion of such person, imme-
diately enter an order setting a date for hearing, which date shall
be not less than five nor more than ten days after the action has
been filed; and the order, along with a copy of the complaint, shall
be served on the investigative agency within three days after the
institution of the action. At the hearing, the court shall take
evidence on the issue of whether any real property or beneficial
interest owned by such person is covered by the RICO lien notice
or otherwise subject to forfeiture under this chapter; and, if such
person shows by the preponderance of the evidence that the RICO
lien notice is not applicable to him or that any real property or
beneficial interest owned by him is not subject to forfeiture under
this chapter, the court shall enter a judgment extinguishing the
RICO lien notice or releasing the real property or beneficial
interest from the RICO lien notice;
(2) The court shall immediately enter its order releasing
from the RICO lien notice any specific real property or beneficial
interest if a sale of the real property or beneficial interest is
pending and the filing of the notice prevents the sale of the
property or interest; however, the proceeds resulting from the sale
of the real property or beneficial interest shall be deposited into
the registry of the court, subject to the further order of the court;
and
(3) At the hearing set forth in paragraph (1), the court may
release from the RICO lien notice any real property or beneficial
interest upon the posting by such person of such security as is
equal to the value of the real property or beneficial interest owned
by such person.
1414
GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) In the event a civil proceeding is pending against a person
named in a RICO lien notice, the court, upon motion by said person,
may grant the relief set forth herein.
16-14-15. (a) Each alien corporation desiring to acquire of
record any real property shall have, prior to acquisition, and shall
continuously maintain in this state during any year thereafter in
which such real property is owned by the alien corporation:
(1) A registered office; and
(2) A registered agent, which agent may be either:
(A) An individual resident in this state whose business
office is identical with such registered office; or
(B) Another corporation authorized to transact busi-
ness in this state having a business office identical with such
registered office.
(b) Each registered agent appointed pursuant to this Code sec-
tion, on whom process may be served, shall file a statement in writing
with the Secretary of State accepting the appointment as registered
agent simultaneously with being designated.
(c) Each alien corporation shall file with the Secretary of State
no earlier than January 1 and no later than July 1 of each year a sworn
report on such forms as the Secretary of State shall prescribe setting
forth:
(1) The name of the alien corporation;
(2) The street address of the principal office of the alien
corporation;
(3) The name and street address of each officer and each
director of the alien corporation;
(4) The name and street address of the registered agent and
registered office of the alien corporation; and
(5) The signature of the corporate president, vice president,
secretary, assistant secretary, or treasurer attesting to the accu-
GEORGIA LAWS 1982 SESSION
1415
racy of the report as of the day immediately preceding filing of this
report.
(d) The Secretary of State shall collect a filing fee of $15.00 for
each such report filed and a fee of $20.00 plus the past years fee for a
late filing.
(e) The Secretary of State shall record the status of any alien
corporation that fails to comply with the requirements of this Code
section.
(f) Each alien corporation that fails to file a report as required by
subsection (c) or fails to maintain a registered office and a registered
agent as required by subsection (a) shall not be entitled to own,
purchase, or sell any real property and shall not be entitled to bring
an action or defend in the courts of the state until such requirements
have been complied with.
(g) The filing of a report by a corporation as required by
subsection (c) shall be solely for the purposes of this chapter and,
notwithstanding Code Section 14-2-63 or any other relevant law, shall
not be used as a determination of whether the corporation is actually
doing business in this state.
Part 3
Section 13. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
1416
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 14. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 16,1982.
GEORGIA PHYSICAL THERAPY ACT AMENDED.
Code Title 43, Chapter 33 Amended.
No. 1436 (House Bill No. 904).
AN ACT
To amend an Act entitled the Georgia Physical Therapy Act,
approved March 27,1972 (Ga. L. 1972, p. 338), as amended, so as to
designate the powers of the board; to provide exceptions to those
individuals who must be licensed as physical therapists; to designate
the requirements for licensure as a physical therapist assistant; to
designate the requirements for licensure for a physical therapist; to
provide for the issuance of temporary licenses without examination;
to designate when examinations for physical therapists and physical
therapist assistants will be given; to provide for disciplinary action
and grounds for restoration of licenses; to provide for injunctive
power to certain persons; to amend the Official Code of Georgia
Annotated accordingly; to provide effective dates; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act known as the Georgia Physical Therapy
Act, approved March 27,1972 (Ga. L. 1972, p. 338), as amended, is
amended by striking Section 10 of the Act in its entirety and inserting
in lieu thereof a new Section 10 to read as follows:
GEORGIA LAWS 1982 SESSION
1417
Section 10. Powers and Duties of the Board. In carrying out the
provisions of this Act, the Board shall in addition to the other powers
conferred upon it under this Act, have the power to:
(a) Prepare or approve all examinations or applicants for
licenses;
(b) Determine the qualifications of and authorize the issuance of
licenses to qualified physical therapists and physical therapist assis-
tants;
(c) Determine the qualifications for and approve educational
programs that prepare physical therapists and physical therapist
assistants for the purpose of determining qualifications of applicants
for licensure;
(d) Investigate alleged or suspected violations of the provisions
of this Act or other laws of this State pertaining to physical therapy
and any rules and regulations adopted by the Board. For this
purpose, any Board member or authorized inspector shall have the
power and right to enter and make reasonable inspection of any place
where physical therapy is practiced;
(e) Conduct all hearings in contested cases according to the
Georgia Administrative Procedure Act;
(f) Discipline any person licensed hereunder, or refuse to grant,
renew or restore a license to any person upon any ground specified in
this Act;
(g) Adopt a seal, the imprint of which together with the autho-
rized signature of either the Joint-Secretary or other member autho-
rized by the Board shall be effective to evidence its official acts;
(h) Establish licensing fees and maintain in the office of the
Joint-Secretary a register of all persons holding a license and a record
of all inspections made; and
(i) Adopt such rules and regulations as shall be reasonably
necessary for the enforcement and implementation of the provisions
and purposes of this Act and other laws of this State insofar as they
relate to physical therapy.
1418
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. 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. Requirements of Licensure to Practice Physical
Therapy; Exemption of Other Licensed Professions and Trades;
Others Exempted. No persons shall practice as a physical therapist or
as a physical therapist assistant, nor hold himself out as being able to
practice as a physical therapist or as a physical therapist assistant,
unless he holds a license and otherwise complies with the provisions
of this Act and the rules and regulations adopted by the Board.
Nothing in this section shall be construed as preventing or restricting
the practice, services or activities of:
(a) Any person licensed under any other law of this State
engaged in professional or trade practices properly conducted under
authority of such other licensing laws; or
(b) Any person pursuing a course of study leading to a degree or
certificate as a physical therapist or as a physical therapist assistant
in an entry level educational program approved by the Board, if such
person is designated by a title indicating student status, is fulfilling
work experiences required for the attainment of the degree or certifi-
cate, and is under the supervision of a licensed physical therapist;
(c) Any person enrolled in a course of study designed to develop
advanced physical therapy skills when the physical therapy activities
are required as part of an educational program sponsored by an
educational institution approved by the Board, and conducted under
the supervision of a physical therapist licensed under this Act. If such
person provides physical therapy services outside the scope of the
educational program, he shall then be required to be licensed in
accordance with this Act; or
(d) A physical therapist licensed in another state or country, or
employed by the United States Government, conducting a teaching or
clinical demonstration in connection with an academic or continuing
education program; or
(e) Any person employed as a physical therapist or as a physical
therapist assistant by the United States Government if such person
provides physical therapy services solely under the direction or
control of the employing organization. If such person shall engage in
GEORGIA LAWS 1982 SESSION
1419
the practice of physical therapy or as a physical therapist assistant
outside the course and scope of such employment, he shall then be
required to be licensed in accordance with this Act.
Section 3. 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. Requirements for Issuance of License to Practice as
a Physical Therapist Assistant. A license to practice as a physical
therapist assistant shall be issued to any person who:
(a) Is a graduate of an educational program that prepares physi-
cal therapist assistants and which is accredited by a recognized
accrediting agency and approved by the Board, or, in the case of an
applicant who has graduated from a program conducted in a foreign
country, has submitted, in a manner prescribed by the Board, creden-
tials approved by the Board, and who has further demonstrated the
ability to speak, write and understand the English language;
(b) Has satisfactorily passed an examination prepared or
approved by the Board; and
(c) Is not disqualified to receive a license under the provisions of
Section 20 of this Act.
Section 4. Said Act is further amended by striking Section 14 of
the Act in its entirety and inserting in lieu thereof a new Section 14 to
read as follows:
Section 14. Requirements for Issuance of License to Practice
Physical Therapy. A license to practice physical therapy shall be
issued to any person who:
(a) Is a graduate of an educational program that prepares physi-
cal therapists and which is accredited by a recognized accrediting
agency and approved by the Board, or, in the case of an applicant who
has graduated from a program conducted in a foreign country, has
submitted, in a manner prescribed by the Board, credentials
approved by the Board, and who has further demonstrated the ability
to speak, write and understand the English language;
1420
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Has satisfactorily passed an examination prepared or
approved by the Board; and
(c) Is not disqualified to receive a license under the provisions of
Section 20 of this Act.
Section 5. Said Act is further amended by striking subsection (a)
of Section 15 in its entirety and inserting in lieu thereof a new
subsection (a) to read as follows:
(a) Applies for the first time to practice as a physical therapist
or as a physical therapist assistant under Sections 13,14 or 16 of this
Act and meets all other qualifications thereunder.
Section 6. Said Act is further amended by striking Section 16 of
the Act in its entirety and inserting in lieu thereof a new Section 16 to
read as follows:
Section 16. Permanent License without Examination. The
Board may grant to a person licensed in another state full privileges to
engage in equivalent practice authorized by this Act without taking
an examination, provided:
(a) That such person is properly licensed under the laws of
another state; and
(b) That the requirements for licensing in such other state are
substantially equal to the requirements for a similar license in this
State.
Section 7. Said Act is further amended by striking Section 17 of
the Act in its entirety and inserting in lieu thereof a new Section 17 to
read as follows:
Section 17. Examinations. The Board shall at least twice each
year, examine and determine the competence of applicants to prac-
tice as physical therapists or as physical therapist assistants by any
method or procedure which the Board deems necessary to test the
applicants qualifications.
Section 8. Said Act is further amended by striking Section 20 of
the Act in its entirety and inserting in lieu thereof a new Section 20 to
read as follows:
GEORGIA LAWS 1982 SESSION
1421
Section 20. Disciplinary Sanctions; Grounds; Restoration, (a)
The Board shall have authority to refuse to grant or restore a license
to an applicant, or to discipline a physical therapist or physical
therapist assistant licensed under this Act or any antecedent law
upon a finding by the Board that the licensee or applicant has:
(1) Implemented a program of physical therapy treatment
without consultation with an appropriate licensed practitioner of
the healing arts, or in the case of practice as a physical therapist
assistant, practiced other than under the supervision and direc-
tion of a licensed physical therapist; or
(2) Become unable to practice physical therapy or as a
physical therapist assistant with reasonable skill and safety to
patients by reason of illness, use of alcohol, drugs, narcotics,
chemicals, or any other type of material, or as a result of any
mental or physical condition; or
(3) Been convicted of a felony or crime involving moral
turpitude in the courts of this State, the United States, or the
conviction of an offense in another jurisdiction which, if commit-
ted in this State would be deemed a felony. For the purpose of this
Act, a conviction shall include a finding or verdict of guilty, a plea
of guilty or a plea of nolo contendere in a criminal proceeding,
regardless of whether the adjudication of guilt or sentence is
withheld or not entered thereon pursuant to the provisions of
Georgia Code Sections 27-2727 through 27-2732, relating to first
offenders, or any comparable rule or statute; or
(4) Knowingly made misleading, deceptive, untrue or fraud-
ulent representations to a patient, consumer or other person or
entity in connection with the practice of physical therapy or in any
document connected therewith; or practiced fraud or deceit or
intentionally made any false statement in obtaining or attempting
to obtain a license to practice physical therapy or as a physical
therapist assistant, or made a false or deceptive biennial registra-
tion with the Board; or
(5) Practiced physical therapy contrary to this Act or to the
rules and regulations of the Board; or knowingly aided, assisted,
procured, or advised any person to practice physical therapy
contrary to this Act or to the rules and regulations of the Board; or
knowingly performed any act which in any way aids, assists,
1422
GENERAL ACTS AND RESOLUTIONS, VOL. I
procures, advises, or encourages any unlicensed person to practice
physical therapy; or
(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 also include any departure
from, or the failure to conform to, the minimal standards of
acceptable and prevailing physical therapy practice; or
(7) Failed to report to the Board any act or omission of a
licensee or applicant which violates the provisions of this subsec-
tion; or
(8) Divided fees or agreed to divide fees received for profes-
sional services with any person, firm, association, corporation, or
other entity for bringing or referring a patient.
(b) (1) When the Board finds that any person is unqualified to
be granted a license or finds that any person should be disciplined
pursuant to subsection (a) of this section, the Board may take any
one or more of the following actions:
(A) Refuse to grant or restore a license to an applicant;
or
(B) Administer a public or private reprimand, but a
private reprimand shall not be disclosed to any person except
the licensee; or
(C) Suspend any license for a definite period; or
(D) Limit or restrict any license; or
(E) Revoke any license; or
(F) Condition the penalty, or withhold formal disposi-
tion, upon the physical therapists, physical therapist assis-
tants, or other persons submission to the care, counseling, or
treatment of physicians or other professional persons, and the
completion of such care, counseling, or treatment, as directed
by the Board.
GEORGIA LAWS 1982 SESSION
1423
(2) In addition to or in conjunction with the foregoing
actions the Board may make a finding adverse to the licensee or
applicant but withhold imposition of judgment and penalty, or it
may impose the judgment and penalty but suspend enforcement
thereof and place the licensee or applicant on probation, which
probation may be vacated upon noncompliance with such reason-
able terms as the Board may impose.
(c) In its discretion, the Board may restore and reissue a license
issued under this Act or any antecedent law, and, as a condition
thereof, it may impose any disciplinary or corrective measure pro-
vided in this Act.
(d) A person, firm, corporation, association, authority, or other
entity shall be immune from civil and criminal liability for reporting
the acts or omissions of a licensee or applicant which violate the
provisions of subsection (a) of this section or any other provision of
law relating to a licensees or applicants fitness to practice as a
physical therapist or as a physical therapist assistant, if such report is
made in good faith without fraud or malice. Any person who testifies
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 a licensees or applicants fitness to practice as a
physical therapist or as a physical therapist assistant shall be immune
from civil and criminal liability for so testifying.
Section 9. Said Act is further amended by striking Section 21 of
the Act in its entirety and inserting in lieu thereof a new Section 21 to
read as follows:
Section 21. Injunctive Power. The practice of physical therapy
is declared to be an activity affecting the public interest and involving
the health, safety and welfare of the public. Such practice when
engaged in by a person who is not licensed is declared to be a public
nuisance, harmful to the public health, safety and welfare. The Board
or the district attorney of the circuit where such nuisance exists, or
any person or organization having an interest therein, may bring a
petition to restrain and enjoin such unlicensed practice in the supe-
rior court of the county where such unlicensed person resides. It shall
not be necessary in order to obtain an injunction under this section to
allege or prove that there is no adequate remedy at law, or to allege or
prove any special injury.
1424
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 2
Section 10. Chapter 33 of Title 43 of the Official Code of Georgia
Annotated, relating to physical therapists, is amended by striking
Code Section 43-33-10 in its entirety and inserting in lieu thereof a
new Code Section 43-33-10 to read as follows:
43-33-10. In carrying out the provisions of this chapter, the
board shall in addition to the other powers conferred upon it under
this chapter, have the power to:
(1) Prepare or approve all examinations or applicants for
licenses;
(2) Determine the qualifications of and authorize the issu-
ance of licenses to qualified physical therapists and physical
therapist assistants;
(3) Determine the qualifications for and approve educa-
tional programs that prepare physical therapists and physical
therapist assistants for the purpose of determining qualifications
of applicants for licensure;
(4) Investigate alleged or suspected violations of the provi-
sions of this chapter or other laws of this state pertaining to
physical therapy and any rules and regulations adopted by the
board. For this purpose, any board member or authorized inspec-
tor shall have the power and right to enter and make reasonable
inspection of any place where physical therapy is practiced;
(5) Conduct all hearings in contested cases according to
Chapter 13 of Title 50, known as the Georgia Administrative
Procedure Act;
(6) Discipline any person licensed hereunder, or refuse to
grant, renew or restore a license to any person upon any ground
specified in this chapter;
(7) Adopt a seal, the imprint of which together with the
authorized signature of either the joint-secretary or other member
authorized by the board shall be effective to evidence its official
acts;
GEORGIA LAWS 1982 SESSION
1425
(8) Establish licensing fees and maintain in the office of the
joint-secretary a register of all persons holding a license and a
record of all inspections made; and
(9) Adopt such rules and regulations as shall be reasonably
necessary for the enforcement and implementation of the provi-
sions and purposes of this chapter and other laws of this state
insofar as they relate to physical therapy.
Section 11. Said chapter is further amended by striking Code
Section 43-33-11 in its entirety and inserting in lieu thereof a new
Code Section 43-33-11 to read as follows:
43-33-11. No persons shall practice as a physical therapist or as
a physical therapist assistant nor hold himself out as being able to
practice as a physical therapist or as a physical therapist assistant
unless he holds a license and otherwise complies with the provisions
of this chapter and the rules and regulations adopted by the board.
Nothing in this Code section shall be construed as preventing or
restricting the practice, services or activities of:
(1) Any person licensed under any other law of this state
engaged in professional or trade practices properly conducted
under authority of such other licensing laws;
(2) Any person pursuing a course of study leading to a
degree or certificate as a physical therapist or as a physical
therapist assistant in an entry level educational program approved
by the board, if such person is designated by a title indicating
student status, is fulfilling work experiences required for the
attainment of the degree or certificate, and is under the supervi-
sion of a licensed physical therapist;
(3) Any person enrolled in a course of study designed to
develop advanced physical therapy skills when the physical ther-
apy activities are required as part of an educational program
sponsored by an educational institution approved by the board,
and conducted under the supervision of a physical therapist
licensed under this chapter. If such person provides physical
therapy services outside the scope of the educational program, he
shall then be required to be licensed in accordance with this
chapter;
1426
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) A physical therapist licensed in another state or country
or employed by the United States government conducting a
teaching or clinical demonstration in connection with an academic
or continuing education program; or
(5) Any person employed as a physical therapist or as a
physical therapist assistant by the United States government if
such person provides physical therapy services solely under the
direction or control of the employing organization. If such person
shall engage in the practice of physical therapy or as a physical
therapist assistant outside the course and scope of such employ-
ment, he shall then be required to be licensed in accordance with
this chapter.
Section 12. Said chapter is further amended by striking Code
Section 43-33-12 in its entirety and inserting in lieu thereof a new
Code Section 43-33-12 to read as follows:
43-33-12. A license to practice physical therapy shall be issued
to any person who:
(1) Is a graduate of an educational program that prepares
physical therapists and which is accredited by a recognized
accrediting agency and approved by the board or, in the case of an
applicant who has graduated from a program conducted in a
foreign county, has submitted, in a manner prescribed by the
board, credentials approved by the board and who has further
demonstrated the ability to speak, write, and understand the
English language;
(2) Has satisfactorily passed an examination prepared or
approved by the board; and
(3) Is not disqualified to receive a license under the provi-
sions of Code Section 43-33-18.
Section 13. Said chapter is further amended by striking Code
Section 43-33-13 in its entirety and inserting in lieu thereof a new
Code Section 43-33-13 to read as follows:
43-33-13. A license to practice as a physical therapist assistant
shall be issued to any person who:
GEORGIA LAWS 1982 SESSION
1427
(1) Is a graduate of an educational program that prepares
physical therapist assistants and which is accredited by a recog-
nized accrediting agency and approved by the board or, in the case
of an applicant who has graduated from a program conducted in a
foreign country, has submitted, in a manner prescribed by the
board, credentials approved by the board and who has further
demonstrated the ability to speak, write, and understand the
English language;
(2) Has satisfactorily passed an examination prepared or
approved by the board; and
(3) Is not disqualified to receive a license under the provi-
sions of Code Section 43-33-18.
Section 14. Said chapter is further amended by striking Code
Section 43-33-14 in its entirety and inserting in lieu thereof a new
Section 43-33-14 to read as follows:
43-33-14. The board shall at least twice each year examine and
determine the competence of applicants to practice as physical thera-
pists or as physical therapist assistants by any method or procedure
which the board deems necessary to test the applicants qualifica-
tions.
Section 15. Said chapter is further amended by striking Code
Section 43-33-15 in its entirety and inserting in lieu thereof a new
Code Section 43-33-15 to read as follows:
43-33-15. The board may grant to a person licensed in another
state full privileges to engage in equivalent practice authorized by this
chapter without taking an examination, provided:
(1) That such person is properly licensed under the laws of
another state; and
(2) That the requirements for licensing in such other state
are substantially equal to the requirements for a similar license in
this state.
Section 16. Said chapter is further amended by striking para-
graph (1) of Code Section 43-33-17 in its entirety and inserting in lieu
thereof a new paragraph (1) to read as follows:
1428
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Applies for the first time to practice as a physical therapist
or as a physical therapist assistant under Code Sections 43-33-11,43-
33-13, or 43-33-15 and meets all other qualifications thereunder.
Section 17. Said chapter is further amended by striking Code
Section 43-33-18 in its entirety and inserting in lieu thereof a new
Code Section 43-33-18 to read as follows:
43-33-18. (a) The board shall have authority to refuse to
grant or restore a license to an applicant or to discipline a physical
therapist or physical therapist assistant licensed under this chapter
or any antecedent law upon a finding by the board that the licensee or
applicant has:
(1) Implemented a program of physical therapy treatment
without consultation with an appropriate licensed practitioner of
the healing arts, or in the case of practice as a physical therapist
assistant, practiced other than under the supervision and direc-
tion of a licensed physical therapist;
(2) Become unable to practice physical therapy or as a
physical therapist assistant with reasonable skill and safety to
patients by reason of illness, use of alcohol, drugs, narcotics,
chemicals, or any other type of material, or as a result of any
mental or physical condition;
(3) Been convicted of a felony or crime involving moral
turpitude in the courts of this state, the United States, or the
conviction of an offense in another jurisdiction which if commit-
ted in this state would be deemed a felony. For the purpose of this
Code section, a conviction shall include a finding or verdict of
guilty, a plea of guilty, or a plea of nolo contendere in a criminal
proceeding regardless of whether the adjudication of guilt or
sentence is withheld or not entered thereon pursuant to the
provisions of Code Sections 42-8-60 through 42-8-64, relating to
first offenders, or any comparable rule or statute;
(4) Knowingly made misleading, deceptive, untrue, or
fraudulent representations to a patient, consumer, or other person
or entity in connection with the practice of physical therapy or in
any document connected therewith; or practiced fraud or deceit or
intentionally made any false statement in obtaining or attempting
to obtain a license to practice physical therapy or as a physical
GEORGIA LAWS 1982 SESSION
1429
therapist assistant, or made a false or deceptive biennial registra-
tion with the board;
(5) Practiced physical therapy contrary to this Code section
or to the rules and regulations of the board; or knowingly aided,
assisted, procured, or advised any person to practice physical
therapy contrary to this Code section or to the rules and regula-
tions of the board; or knowingly performed any act which in any
way aids, assists, procures, advises, or encourages any unlicensed
person to practice physical therapy;
(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 also include any departure
from, or the failure to conform to, the minimal standards of
acceptable and prevailing physical therapy practice;
(7) Failed to report to the board any act or omission of a
licensee or applicant which violates the provisions of this subsec-
tion; or
(8) Divided fees or agreed to divide fees received for profes-
sional services with any person, firm, association, corporation, or
other entity for bringing or referring a patient.
(b) (1) When the board finds that any person is unqualified to
be granted a license or finds that any person should be disciplined
pursuant to subsection (a) of this Code section, the board may
take any one or more of the following actions:
(A) Refuse to grant or restore a license to an applicant;
(B) Administer a public or private reprimand, but a
private reprimand shall not be disclosed to any person except
the licensee;
(C) Suspend any license for a definite period;
(D) Limit or restrict any license;
(E) Revoke any license; or
1430
GENERAL ACTS AND RESOLUTIONS, VOL. I
(F) Condition the penalty or withhold formal disposi-
tion, upon the physical therapists, physical therapist assis-
tants, or other persons submission to the care, counseling, or
treatment of physicians or other professional persons, and the
completion of such care, counseling, or treatment, as directed
by the board.
(2) In addition to or in conjunction with the foregoing
actions the board may make a finding adverse to the licensee or
applicant but withhold imposition of judgment and penalty, or it
may impose the judgment and penalty but suspend enforcement
thereof and place the licensee or applicant on probation, which
probation may be vacated upon noncompliance with such reason-
able terms as the board may impose.
(c) In its discretion, the board may restore and reissue a license
issued under this chapter or any antecedent law and, as a condition
thereof, it may impose any disciplinary or corrective measure pro-
vided in this chapter.
(d) A person, firm, corporation, association, authority, or other
entity shall be immune from civil and criminal liability for reporting
the acts or omissions of a licensee or applicant which violate the
provisions of subsection (a) of this Code section or any other provision
of law relating to a licensees or applicants fitness to practice as a
physical therapist or as a physical therapist assistant, if such report is
made in good faith without fraud or malice. Any person who testifies
without fraud or malice before the board in any proceeding involving
a violation of the provisions of subsection (a) of this Code section or
any other law relating to a licensees or applicants fitness to practice
as a physical therapist or as a physical therapist assistant shall be
immune from civil and criminal liability for so testifying.
Section 18. Said chapter is further amended by striking Code
Section 43-33-19 in its entirety and inserting in lieu thereof a new
Code Section 43-33-19 to read as follows:
43-33-19. The practice of physical therapy is declared to be an
activity affecting the public interest and involving the health, safety,
and welfare of the public. Such practice when engaged in by a person
who is not licensed is declared to be a public nuisance, harmful to the
public health, safety, and welfare. The board or the district attorney
of the circuit where such nuisance exists, or any person or organiza-
GEORGIA LAWS 1982 SESSION
1431
tion having an interest therein, may bring a petition to restrain and
enjoin such unlicensed practice in the superior court of the county
where such unlicensed person resides. It shall not be necessary in
order to obtain an injunction under this Code section to allege or
prove that there is no adequate remedy at law, or to allege or prove
any special injury.
Part 3
Section 19. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 20. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 16,1982.
GEORGIA LAND SALES ACT OF 1982.
Code Title 44, Chapter 3 Amended.
No. 1437 (House Bill No. 1102).
AN ACT
To amend Chapter 3 of Title 44 of the Official Code of Georgia
Annotated, relating to the regulation of specialized land transactions,
so as to regulate the sale and offer to sell of certain subdivided land
and practices pertaining thereto; to provide a short title; to provide
definitions; to require registration with the Commissioner of Securi-
1432
GENERAL ACTS AND RESOLUTIONS, VOL. I
ties; to provide for exemptions; to provide for denial, suspension, and
revocation of registration; to provide for the powers, duties, and
responsibilities of the Commissioner of Securities; to provide for
inspections, investigations, and subpoenas; to prohibit certain prac-
tices; to provide for injunction and prosecution of violations; to
provide for criminal penalties; to provide for civil liability; to provide
for venue; to provide for hearings; to provide for consent to service; to
void waiver of rights; to provide immunity for the Commissioner of
Securities; to provide for evidentiary matters; to provide for past
actions; to provide for other matters relative to the foregoing; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 3 of Title 44 of the Official Code of Georgia,
relating to the regulation of specialized land transactions, is amended
by striking Article 1 and Article 2 of said chapter in their entirety and
inserting in lieu thereof a new Article 1 to read as follows:
ARTICLE 1
44-3-1. This article shall be known as the Georgia Land Sales Act
of 1982.
44-3-2. As used in this article, the term:
(1) Agent means any person who represents, or acts for or
on behalf of, a developer in selling or leasing or offering to sell or
lease any lot or lots in a subdivision but shall not include an
attorney at law whose representation of another person consists of
rendering legal services.
(2) Blanket encumbrance means:
(A) Any deed to secure debt, trust deed, mortgage,
mechanics lien, or any other lien or financial encumbrance,
securing or evidencing money debt and affecting subdivided
land or affecting more than one lot or parcel of subdivided
land; or
(B) Any agreement affecting more than one such lot or
parcel by which the subdivider holds such subdivided land
GEORGIA LAWS 1982 SESSION
1433
under an option, contract to purchase, or trust agreement;
provided, however, that taxes and assessments levied by
public authority are not deemed to be encumbrances within
the meaning of this definition.
(3) Business day means any calendar day except Sunday or
any of the following business holidays: New Years Day, Lees
birthday, Washingtons birthday, Confederate Memorial Day,
National Memorial Day, Jefferson Daviss birthday, Indepen-
dence Day, Labor Day, Columbus Day, Veterans Day,
Thanksgiving Day, and Christmas Day.
(4) Commissioner means the Secretary of State of the
State of Georgia acting as Commissioner of Securities.
(5) Common promotional plan means a plan undertaken
by a single developer or a group of developers acting in concert to
offer lots for sale or lease; where such land is offered for sale by
such a developer or group of developers acting in concert and,
where such land is contiguous or known, designated, or advertised
as a common unit or by a common name, such land shall be
presumed, without regard to the number of lots covered by each
individual offering, as being offered for sale or lease as part of a
common promotional plan.
(6) Developer or subdivider means any person who,
directly or indirectly, sells or leases, or offers to sell or lease, or
advertises for sale or lease any lots in a subdivision.
(7) Disposition or dispose of means any sale, exchange,
lease, assignment, award by lottery, or other transaction designed
to convey an interest in a subdivision or parcel, lot, or unit thereof,
if undertaken for gain or profit.
(8) Offer means every inducement, solicitation, or attempt
to bring about a disposition.
(9) Person means an individual, firm, company, associa-
tion, corporation, government or governmental subdivision or
agency, business trust, estate, trust, partnership, unincorporated
association or organization, two or more of any of the foregoing
having a joint or common interest, or any other legal or commer-
cial entity.
1434
GENERAL ACTS AND RESOLUTIONS, VOL. I
(10) Purchaser means a person who acquires an interest in
any lot, parcel, or unit in a subdivision.
(11) Sale means every sale, lease, assignment, award by
lottery, solicitation, or offer to do any of the foregoing concerning
a subdivision, if undertaken for gain or profit.
(12) Subdivision or subdivided land means:
(A) Any contiguous land which is divided or is proposed
to be divided for the purpose of disposition into 50 or more
lots, parcels, units, or interests; or
(B) Any land, whether contiguous or not, which is
divided or proposed to be divided into 50 or more lots, parcels,
units, or interests which are offered as a part of a common
promotional plan.
44-3-3. It shall be unlawful for any person to offer for sale or to
sell any subdivided land to any person in this state unless (1) such
land is subject to an effective registration statement under this article
or (2) such land is exempt under Code Section 44-3-4.
(1) The registration statement shall contain the informa-
tion specified in paragraph (2) of this Code section and shall be
accompanied by the documents specified in paragraph (3) of this
Code section, except that the Commissioner may by rules and
regulations provide that any such information or document need
not be included with respect to any subdivided land, where he
finds that the inclusion of such information or document is not
necessary in the public interest or for the protection of the
purchasers by reason of the small amount involved, the limited
character of the offering, or the registration and approval of such
property under the laws of any other state.
(2) Every registration statement filed pursuant to this Code
section shall contain the following information:
(A) With respect to the subdivider: its name, street
address, form of organization, and its telephone number; the
state or foreign jurisdiction and date of its organization; a
statement of its authorization to do business in this state, if
the subdivider is a foreign corporation; the name and address
GEORGIA LAWS 1982 SESSION
1435
of its resident agent; the name and address of the person to
whom correspondence should be addressed; the name,
address, and telephone number of the person or persons who
are in charge of the subdividers sales in this state; and a
statement as to where the subdividers records are located;
(B) With respect to the subdivided land: the total
acreage in the subdivision as a whole, including land held for
future expansion; the number of lots, parcels, or tracts
included in the filing; the number of acres in the filing; the
size of the smallest parcel to be offered for sale; the county
and state in which the land is located; the name of the nearest
incorporated town; and the route and distance from the
nearest incorporated town to the land;
(C) With respect to the title of the subdivided land: the
name, address, and telephone number of the record
titleholder; the significant terms of any encumbrances, ease-
ments, liens, and restrictions; the names and addresses of any
securityholders; the total original amount, the balance owing,
the terms of payment, the pay-out period, and any release
clauses of any indebtedness affecting the title; and a state-
ment of the present merchantability of the title;
(D) With respect to any existing or contemplated
future improvements: statements of the conditions of drain-
age control systems, streets, roads, sewerage disposal facili-
ties, sidewalks, electrical services, telephone connections,
water supply, gas supply, club houses, golf courses, and other
recreational facilities; a statement as to whether any perfor-
mance bonds or other obligations have been posted with any
public authority to assure the completion of any improve-
ments; a statement as to whether the county or city wherein
the land lies has agreed to accept maintenance of any
improvements other than recreational facilities; a statement
as to whether any contracts have been made with any public
utility for the installation of any improvements; a statement
as to the existence or contemplated future existence of any
improvement maintenance charge; and a statement as to
whether all improvements promised to purchasers are
included in the sales contracts;
1436
GENERAL ACTS AND RESOLUTIONS, VOL. I
(E) The provisions of any zoning ordinances and regu-
lations affecting the subdivided land and each lot or unit
thereof;
(F) A statement of all existing taxes or assessments
affecting the subdivided land;
(G) The terms and conditions of sales and a statement
as to any sums which purchasers will be required to pay other
than the actual purchase price with interest and any taxes or
assessments validly imposed by governmental authority;
(H) A statement as to whether the subdivision has been
approved or disapproved for loans by any lending institutions
or agencies;
(I) The names of the governmental authorities or pri-
vate entities which will provide police protection, fire protec-
tion, and garbage collection;
(J) The name and address of the person who prepared
the registration statement;
(3) Every registration statement filed under this Code sec-
tion shall be accompanied by the following documents:
(A) A legal description of subdivided land included in
the filing;
(B) A general map, drawn to scale, showing the total
subdivided land area and its relation to the existing streets,
roads, waterways, schools, churches, shopping centers, and
bus and rail transportation in the immediate vicinity and
showing all lands reserved for future expansion, if any;
(C) Copies of the conveyances by which the subdivider
or owner acquired title to the land, with the copies bearing the
public record book and page numbers;
(D) Copies of all instruments presently creating liens,
mortgages, encumbrances, reservations, or defects upon the
use or title of the subdivided land included in the filing;
GEORGIA LAWS 1982 SESSION
1437
(E) A copy of the title insurance policy or an attorneys
title opinion for the subdivided land, issued within 30 days of
the date of submission of the registration statement;
(F) Copies of deed restrictions imposed by the seller or
subdivider, if any;
(G) A copy of the purchase agreement to be employed
in the sales program;
(H) A copy of the deed to be employed in the sales
program;
(I) Statements from the appropriate governmental
agencies approving the installation of the improvements enu-
merated in subparagraph (D) of paragraph (2) of Code Sec-
tion 44-3-3 of this article, including, but not limited to, a
statement of approval from the state water quality control
board concerning the sewerage disposal facilities and
siltation;
(J) A statement as to how streets and other public
places in the subdivided land are to be maintained;
(K) A copy of any contract or franchise with a public
utility company, if any;
(L) A copy of a plat of the subdivided land approved by
the appropriate specified governmental agency and recorded
in the appropriate specified public record book and page
number;
(M) Copies of any performance bonds or agreements
with public authorities guaranteeing completion;
(N) A copy of the proposed property report containing
the information required by paragraph (4) of Code Section
44-3-3 of this article;
(O) A phased development schedule for all improve-
ments promised by the subdivider and not completed,
showing each type of improvement and the month and year of
the start of completion;
1438
GENERAL ACTS AND RESOLUTIONS, VOL. I
(P) A performance bond or similar item meeting the
requirements of paragraph (5) of Code Section 44-3-3 of this
article;
(Q) A statement by the subdivider of any additional
and material facts that should be called to the attention of the
Commissioner before the registration statement is acted
upon;
(R) If the state, county, or municipality in which the
subdivision is located has a planning and zoning ordinance in
effect, a certificate of approval or compliance from the local
governing authority stating that the subdivision is in compli-
ance with the applicable ordinance or, if the state, county, or
municipality in which the subdivision is located has no
planning and zoning ordinance in effect, a certificate of
approval from the appropriate area planning and develop-
ment commission;
(S) A consent to service of process pursuant to Code
Section 44-3-15 of this article; and
(T) A statement of the terms of payment.
(4) (A) Every property report filed pursuant to this Code
section shall contain the following information:
(i) The name and principal address of the subdi-
vider;
(ii) The significant terms of any encumbrances,
easements, liens, and restrictions, including zoning and
other regulations affecting the subdivided land and each
lot or unit thereof, and a statement of all existing taxes or
assessments which affect the subdivided land;
(iii) A statement of the use for which the property is
offered;
(iv) Information concerning all usual and neces-
sary improvements and all existing or contemplated
future improvements which will be made available,
including, but not limited to, any improvements depicted
GEORGIA LAWS 1982 SESSION
1439
or represented in advertising or otherwise as being
available or completed, including streets, water supply,
levees, drainage control systems, irrigation systems, sew-
erage disposal facilities, club houses, golf courses, and
other recreational facilities and customary utilities;
(v) The estimated costs, dates of completion, and
responsibility for construction and maintenance of exist-
ing and proposed improvements which are referred to in
connection with the offering or disposition of any interest
in subdivided land;
(vi) Such additional information consistent with
this article which the Commissioner in his discretion may
require to assure full and fair disclosure to prospective
purchasers;
(vii) Language, substantially similar to the follow-
ing, in ten-point type on the top two-thirds of the front
cover of the property report:
UNLESS YOU RECEIVED THIS PROP-
ERTY REPORT PRIOR TO OR AT THE
TIME YOU ENTER INTO A CONTRACT,
YOU MAY VOID THE CONTRACT BY
WRITTEN NOTICE TO THE SELLER. IF
YOU RECEIVED THE PROPERTY REPORT
LESS THAN 48 HOURS PRIOR TO SIG-
NING A CONTRACT OR AGREEMENT,
YOU HAVE UNTIL MIDNIGHT OF THE
SEVENTH DAY FOLLOWING THE SIG-
NING OF SUCH CONTRACT OR AGREE-
MENT TO REVOKE YOUR CONTRACT BY
WRITTEN NOTICE TO THE SELLER.;
(viii) The following language overprinted in light
red type over the language required in division (4) (A) (vii)
above, in the style used to mark sample documents and in
letters one-half inch in size with one-half inch spaces
between lines:
1440
GENERAL ACTS AND RESOLUTIONS, VOL. I
PURCHASER
SHOULD READ
THIS DOCUMENT
BEFORE SIGNING
ANYTHING;
(ix) The following legend on the cover page in
boldface print or capital type:
THIS LAND HAS BEEN REGISTERED
WITH THE SECURITIES COMMISSIONER
OF THE STATE OF GEORGIA. THE SECU-
RITIES COMMISSIONER, BY ACCEPTING
REGISTRATION, DOES NOT IN ANY WAY
ENDORSE OR RECOMMEND THE PUR-
CHASE OF ANY OF THIS LAND.
(B) The Commissioner shall be informed by the subdi-
vider of all material changes with respect to subdivided land
then registered for sale under this article and may require
that the property report be amended to reflect such material
changes in accordance with paragraph (13) of Code Section
44-3-3 end of this article.
(C) In the event the subdivider wishes to update the
property report, he may do so upon proper application to the
Commissioner.
(D) When the subdivider consolidates a subsequent
registration with an earlier registration, the property report
shall be amended in accordance with subparagraph (C) of
paragraph (13) of Code Section 44-3-3 of this article.
(E) Notwithstanding any other provisions of this arti-
cle, any property report filed with, certified by, and registered
with the Commissioner before November 1, 1982, shall be
deemed to have complied with this article and to have been
filed properly with, certified by, and registered with the
GEORGIA LAWS 1982 SESSION
1441
Commissioner, so long as such property report complied with
the requirements of either the laws of the United States or the
laws of this state at the time it was originally filed; provided,
however, that prior to January 31,1983, every property report
required by this article shall have met the requirements of
this article.
(F) The property report shall not be used for advertis-
ing purposes unless the report is used in its entirety. No
portion of the report shall be underscored, italicized, or
printed in larger or heavier type than the balance of the
report unless specifically approved or required by the Com-
missioner.
(5) No subdivision shall be registered under this Code sec-
tion until the subdivider first files one of the following items with
the Commissioner, which item the Commissioner in his discretion
may allow to be reduced from time to time as the improvements
being bonded or guaranteed are installed:
(A) A performance bond, payable to the Commissioner
and issued by an insurance or bonding company authorized to
do business in this state and having given consent to have
actions brought against it in this state, in such amount as the
Commissioner in his discretion may require;
(B) A letter of credit from a commercial bank or other
financial institution approved by the Commissioner, issued in
favor of and payable to the Commissioner in such amount as
the Commissioner in his discretion may require; or
(C) A financial statement of the subdivider, certified by
a certified public accountant, disclosing a net worth equal to
at least one and one-half times the proposed development
costs of the subdivision, as verified by a contractor or engineer
approved by the Commissioner, and the subdivider shall
enter into an agreement, approved by the Commissioner, that
the said net worth will be maintained until the development
is completed or until the Commissioner approves termination
of the agreement.
(6) Where lots or parcels within a subdivision are subject to
a blanket encumbrance, the Commissioner, in his discretion and
1442 GENERAL ACTS AND RESOLUTIONS, VOL. I
in addition to the bond required in paragraph 5 of Code Section
44-3-3 of this article, may require that one of the following
conditions be met:
(A) Such blanket encumbrance shall contain provisions
evidencing the subordination of the lien of the holder or
holders of the blanket encumbrance to the rights of those
persons purchasing from the subdivider or provisions evi-
dencing that the subdivider is able to secure releases from
such blanket encumbrance with respect to the property; or
(B) The fee title to the subdivision is placed in trust
under an agreement of trust acceptable to the Commissioner
until a proper release from each blanket encumbrance,
including all taxes, is obtained and title contracted for is
delivered to such purchaser.
(7) A certificate of registration which has not been revoked
or is not suspended shall be renewed annually on the anniversary
date of the issuance of the original certificate, upon payment of
the required fee.
(8) The fee for filing of the initial registration application
shall be $250.00. The fee for annual renewal of a certificate of
registration shall be $100.00. There shall be no fee charged for
amendments to the initial filing.
(9) If the Commissioner affirmatively determines upon
inquiry and examination that the requirements of this article have
been met, he shall issue a certificate of registration registering the
subdivided land and shall approve the form of the property report.
A registration statement under this Code section becomes effec-
tive when the Commissioner so orders.
(10) A copy of the instruments executed in connection with
the sale of parcels within a subdivision shall be kept available by
the subdivider and subject to inspection by the Commissioner.
The Commissioner shall be notified of any change affecting the
location of the records.
(11) When a certificate of registration is granted by the
Commissioner, the subdivider shall cause a copy of the property
report to be given to each prospective purchaser prior to the
GEORGIA LAWS 1982 SESSION
1443
execution of any binding contract or agreement for the sale of any
lot or parcel in a subdivision. If such a report is not given at least
48 hours prior to such execution, the purchaser may rescind the
contract by written notice to the seller until midnight of the
seventh day following the signing of such contract or agreement. A
receipt in duplicate shall be taken from each purchaser evidencing
compliance with this provision. Any such election by the pur-
chaser to void the contract or agreement must be made within
seven days following the signing of such contract or agreement.
Receipts taken for any published report shall be kept on file,
subject to inspection by the Commissioner, for three years from
the date the receipt is taken. If such a report is never given prior
to or after the execution of any binding contract or agreement for
sale, the purchaser may have rights exercisable under Code Sec-
tion 44-3-11 of this article in addition to the right of rescission
given in this subsection.
(12) (A) Every sales contract relating to the purchase of
real property in a subdivision shall state clearly the legal
description of the parcel being sold, the principal balance of
purchase price outstanding at the date of the sales contract
after full credit is given for downpayment, and the terms of
the sales contract.
(B) Every sales contract relating to the purchase of real
property in a subdivision shall provide that the purchaser
shall receive his warranty deed to the property, together with
a copy of any purchase money deed to secure debt or purchase
money mortgage, as may be specified in the sales contract,
within not more than 180 days from the date of execution of
the contract; provided, however, that, in the case of contracts
to purchase dwelling units not yet completed, the warranty
deed need not be delivered until 180 days after such comple-
tion.
(13) (A) If any registration statement which has become
effective under the former Out-of-state Land Sales Act,
approved April 12, 1971 (Ga. L. 1971, p. 856), or the former
Georgia Land Sales Act of 1972, approved March 31, 1972
(Ga. L. 1972, p. 638), as amended, or this article contains a
statement of material fact which was untrue on the date such
registration statement became effective or if such registration
statement fails to state a material fact which, on the date the
1444
GENERAL ACTS AND RESOLUTIONS, VOL. I
registration statement became effective, was necessary to
make the statements made in light of the circumstances
under which they were made, not misleading, then such
registration statement shall be amended by filing with the
Commissioner such information and such changes in any
property report used in connection with the registration
statement as may be necessary to correct such untruth or
failure. Such amendment shall be signed by the persons who
signed the original registration statement or their successors.
Any such amendment shall become effective when the Com-
missioner so orders.
(B) Any property report forming part of a registration
statement which has become effective under the former Out-
of-state Land Sales Act, approved April 12, 1971 (Ga. L.
1971, p. 856), or the former Georgia Land Sales Act of 1972,
approved March 31,1972 (Ga. L. 1972, p. 638), as amended, or
this article shall be supplemented without amending such
registration statement by adding information regarding fac-
tual developments which occurred after the effective date of
such registration statement, and by deleting statements of
fact which, as a result of such developments, may be mislead-
ing or immaterial. If no stop order with respect to the registra-
tion statement is in effect, the property report, as supple-
mented, may be used after (i) 3:00 Georgia time in the
afternoon of the fifth full business day after the filing of one
copy of the property report, as supplemented, with the Com-
missioner, or (ii) such shorter time as the Commissioner by
order may allow.
(C) When a subdivider registers additional subdivided
land to be offered for sale, he may consolidate the subsequent
registration with any earlier registration which offered subdi-
vided land for sale under the same promotional plan, and the
property report shall be amended to include the additional
subdivided land so registered.
44-3-4. Unless the method of sale is adopted for the purpose of
evasion of this article or of the Federal Interstate Land Sales Full
Disclosure Act, the provisions of Code Section 44-3-3 of this article
shall not apply to offers or dispositions in an interest in land:
GEORGIA LAWS 1982 SESSION
1445
(1) By a purchaser of any subdivision, lot, parcel, or unit
thereof for his own account in a single or isolated transaction;
(2) On which there is a commercial or industrial building,
condominium, shopping center, house, or apartment house; or as
to which there is a contractual obligation on the part of the
subdivider to construct such a building within two years from date
of disposition; or the sale or lease of which land is restricted by
zoning ordinance, covenant, or other legally enforceable means to
commercial or nonresidential purposes; or the sale or lease of
which land is pursuant to a plan of development for commercial or
nonresidential purposes;
(3) As cemetery lots or interests;
(4) Where the plan of sale for a subdivision is to dispose of
all the interests to ten or fewer persons;
(5) Where each lot, parcel, or unit being offered or disposed
of in any subdivision is five acres or more in size;
(6) To any person who is engaged in the business of the
construction of residential, commercial, or industrial buildings for
disposition;
(7) Where at least 95 percent of the lots or parcels of such
subdivision are to be sold or leased only to persons who acquire
such lots or parcels for the purpose of engaging in the business of
constructing residences;
(8) Made pursuant to the order of any court of this state;
(9) Made by or to any government or government agency;
(10) Made as evidence of indebtedness secured by way of any
deed to secure debt, mortgage, or deed of trust of real estate;
(11) As securities or units of interest issued by an investment
trust regulated under the laws of the State of Georgia;
(12) Registered under the provisions of the Federal Inter-
state Land Sales Full Disclosure Act, provided that the Commis-
sioner has received prior to such offer or disposition:
1446
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) A certificate of filing from the secretary of the
Department of Housing and Urban Development;
(B) A consent to service of process in accordance with
Code Section 44-3-15 of this article;
(C) A copy of any property report to be used in connec-
tion with the offer or disposition;
(D) A filing fee of $100.00;
(E) Satisfactory compliance with the performance
bond provisions of paragraph (5) of Code Section 44-3-3 of
this article; and
(F) Other such documents or information as the Com-
missioner, by rule or regulation, may require;
(13) Of lots, parcels, or units contained in a recorded subdivi-
sion plat, if all of the following conditions exist:
(A) Each lot, parcel, or unit is situated on an existing
paved and dedicated road or street constructed to the speci-
fications of the board of county commissioners of the county
or the governing body of the municipality, which board or
governing body has voluntarily agreed to accept such road or
street for maintenance and, if a waiting period is required,
adequate assurances have been established with the county or
municipality;
(B) The subdivision has drainage structures and fill
necessary to prevent flooding, which structures and fill have
been approved by the board of county commissioners of the
county or the governing body of the municipality;
(C) Electric power is available at or near each lot,
parcel, or unit;
(D) Domestic water supply and sanitary sewerage dis-
posal meeting the requirements of the applicable govern-
mental authority are available at or near each lot, parcel, or
unit;
GEORGIA LAWS 1982 SESSION
1447
(E) The subdivider is at all times prepared to convey
title to the purchaser by general warranty deed unencum-
bered by any mortgages, deeds to secure debt, or other liens;
and
(F) All promised improvements and amenities are com-
plete.
(14) Of lots, parcels, or units contained in a subdivision plat
that has been accepted by the board of county commissioners and
properly recorded where:
(A) Each lot, parcel, or unit is situated on a road
dedicated or approved by the board of county commissioners
and arrangements acceptable to the Commissioner have been
made for the permanent maintenance of such roads;
(B) All promised improvements and amenities are com-
plete;
(C) The promotional plan of sale is directed only to
bona fide residents of this state whose primary residence is or
will be located in the county in which the lots are platted of
record;
(D) The method of sale is by cash or deed and first
mortgage or deed to secure debt with all funds escrowed in
this state prior to closing. Closing shall occur within 180 days
after execution of the contract for purchase, at which time the
purchaser shall receive a general warranty deed unencum-
bered by any mortgages or other liens except the mortgage or
deed to secure debt given by the purchaser; and
(E) The purchaser has inspected the property to be
purchased prior to the execution of the purchase contract and
has so certified in writing.
(15) (A) The Commissioner shall create by rule a limited
offering transaction exemption that will be applicable for the
sale of not more than 150 lots, parcels, units, or interest.
Except as otherwise provided, any such rule shall require that
the Commissioner receive prior to any such sale:
1448 GENERAL ACTS AND RESOLUTIONS, VOL. I
(i) A notice of intention to sell which has been
executed by the applicant which sets forth the informa-
tion required by the rule;
(ii) A filing fee of $50.00;
(iii) A consent to service of process in the form
prescribed by Code Section 44-3-15 which has been exe-
cuted by the applicant; and
(iv) Such information and proof of financial
responsibility as the Commissioner may by rule or regu-
lation require.
(B) The Commissioner shall issue to the person who
executed the notice of intention to sell a certificate which
shall state the compliance or noncompliance with the filing
requirements of this Code section.
(C) If any sale is to be made pursuant to this exemption
more than 12 months after the date on which the Commis-
sioner issues his certificate under this Code section, such rule
shall require the applicant to pay a renewal fee of $50.00. The
applicant shall be required to comply with this renewal
requirement every 12 months so long as the offering shall
continue in this state. Upon any renewal, the Commissioner
shall issue a certificate which shall be signed and sealed by
him and which shall state the compliance or noncompliance
with the renewal requirements of this Code section.
(16) Where no representations, promises, or agreements are
made that any improvements or amenities will be provided in the
property by the subdivider but rather that any improvements or
amenities will be furnished by the purchaser.
44-3-5. (a) The Commissioner may issue a stop order denying
effectiveness to, or suspending or revoking the effectiveness of, any
registration and shall give notice of such issuance pursuant to Code
Section 44-3-13 of this article, if he finds that the order is in the public
interest and that:
(1) The registration statement as of its effective date, or as
of any earlier date in the case of an order denying effectiveness,
GEORGIA LAWS 1982 SESSION
1449
contains an untrue statement of a material fact or omits to state a
material fact required to be stated therein or necessary to make
the statements therein not misleading;
(2) Any property report used or to be used in connection
with the offering contains an untrue statement of a material fact
or omits to state a material fact required to be stated therein or
necessary to make the statements therein not misleading;
(3) Any provision of this article or any rule, order, or
condition lawfully imposed under this article has been willfully
violated in connection with the offering by (A) the person filing
the registration statement, or (B) the subdivider; any partner,
executive officer, or director of the subdivider; or any person
occupying a similar status or performing similar functions, but
only if the person filing the registration statement is directly or
indirectly controlled by or acting for the subdivider;
(4) The offering has worked or tended to work a fraud upon
purchasers or would so operate; or
(5) The developer or his agents, while engaging in the offer
to sell or the sale of subdivided land within or from this state, have
willfully failed to obtain real estate licenses if required by applica-
ble statutes.
(b) The Commissioner may by order summarily postpone or
suspend the effectiveness of the registration statement pending final
determination of any proceeding under this Code section. Upon entry
of the order, the Commissioner shall promptly notify, by telephone or
telegraph, the subdivider that the order has been entered, of the
reasons therefor, and that, within 15 days after the receipt of a written
request, the matter will be set down for hearing. If no hearing is
requested and none is ordered by the Commissioner, the order will
remain in effect until it is modified or vacated by the Commissioner.
If a hearing is requested or ordered, the Commissioner, after notice of
an opportunity for hearing to the subdivider, may modify or vacate
the order or extend it until final determination.
(c) No stop order issued under any part of this Code section,
except the first sentence of subsection (b) of this Code section, shall
become effective until and unless the Commissioner has complied
with the provisions of Code Section 44-3-13 of this article.
1450
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) The Commissioner may vacate or modify a stop order if he
finds that the conditions which prompted its entry have changed or
that it is otherwise in the public interest to do so.
44-3-6. (a) The administration of the provisions of this article
shall be vested in the Secretary of State acting as Commissioner of
Securities.
(b) The Commissioner shall have the authority to administer
oaths in and to prescribe forms for all matters arising under this
article. The Commissioner shall cooperate with the administrators of
the land sales laws of other states and of the United States with a view
to assisting those administrators in the enforcement of their land
sales laws and to achieving maximum uniformity in the interpretation
of like provisions of the laws administered by them and in the forms
which are required to be filed under such laws.
(c) The Commissioner shall have authority to employ examin-
ers, clerks, stenographers, and other employees as the administration
of that portion of this article 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 article 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 article. Such rules and regulations
shall be adopted, promulgated, and contested as provided in Chapter
13 of Title 50.
(e) The Commissioner or any person employed by him shall be
paid in addition to his regular compensation the transportation fare,
board, lodging, and other traveling expenses necessary and actually
incurred by each of them in the performance of his duties under this
article.
(f) The Commissioner shall delegate such of his powers and
duties under this article to the assistant commissioner of securities as
he desires.
GEORGIA LAWS 1982 SESSION
1451
(g) The Commissioner is authorized to participate in the pro-
gram of Certification of Substantially Equivalent State Law pursuant
to the Federal Interstate Land Sale Full Disclosure Act if he deems
participation to be in the public interest of the State of Georgia.
44-3-7. (a) The Commissioner, at his discretion,
(1) May make such public or private investigations within
or outside this state as he deems necessary to determine whether
any person has violated or is about to violate any provision of this
article or any rule, regulation, or order under this article, or to aid
in the enforcement of this article or in the prescribing of rules and
regulations under this article;
(2) May in connection with any application or exemption
make an on-site inspection of a subdivision and may require the
subdivider to pay reasonable travel expenses associated with such
inspection;
(3) May make an annual on-site reinspection of each subdi-
vision registered or exempted under this article and may require
the subdivider to pay reasonable travel expenses associated with
such reinspection;
(4) May require or permit any person to file a statement in
writing, under oath or otherwise as the Commissioner determines,
as to all the facts and circumstances concerning the matter to be
investigated;
(5) May require an applicant for registration to submit
reports prepared by competent engineers as to any hazard to
which, in the opinion of the Commissioner, any subdivision
offered for sale in this state is subject or as to any factor which
affects the utility of lots or parcels within the subdivision; and
(6) May publish information concerning any violation of
this article or any rule, regulation, or order under this article.
(b) For the purpose of conducting any investigation as provided
in this Code section, the Commissioner shall have the power to
administer oaths, to call any party to testify under oath at such
investigations, to require the attendance of witnesses, the production
of books, records, and papers, and to take the depositions of wit-
1452
GENERAL ACTS AND RESOLUTIONS, VOL. I
nesses; and for such purposes the Commissioner is authorized to issue
a subpoena for any witness or a subpoena or notice to produce
evidence to compel the production of any books, records, or papers.
Said subpoenas may be served by certified mail, return receipt
requested, to the addressees business mailing address or by invest-
igators appointed by the Commissioner or shall be directed for service
to the sheriff of the county where such witness resides or is found or
where such person in custody of any books, records, or papers resides
or is found. The fees and mileage of the sheriff, witness, or person
shall be paid from the funds in the state treasury for the use of the
Commissioner in the same manner that other expenses of the Com-
missioner are paid.
(c) In case of refusal to obey a subpoena issued under any Code
section of this article to any person, a superior court of appropriate
jurisdiction upon application by the Commissioner may issue to the
person an order requiring him to appear before the court to show
cause why he should not be held in contempt for refusal to obey the
subpoena. Failure to obey a subpoena may be punished by the court
as contempt of court.
(d) (1) The Commissioner may, with the approval of the Attor-
ney General, issue to any person who has been or may be called to
a hearing or other proceeding under this article a written order
requiring the individual to give testimony or provide other infor-
mation which he refuses to give or provide on the basis of his
privilege against self-incrimination. Such order shall be issued
only if the Commissioner shall find that:
(A) The testimony or other information from such indi-
vidual may be in the public interest; and
(B) Such individual has refused or is likely to refuse to
testify or provide other information on the basis of his privi-
lege against self-incrimination.
(2) Whenever any witness refuses, on the basis of his privi-
lege against self-incrimination, to testify or provide other informa-
tion at any hearing or other proceeding under this article, and the
person presiding over the proceeding delivers to the witness a
written order issued under paragraph (1) of subsection (d) of Code
Section 44-3-7 of this article, the witness may not refuse to comply
with the order on the basis of his privilege against self-incrimina-
GEORGIA LAWS 1982 SESSION
1453
tion; but no testimony or other information compelled under the
order as to which the witness could validly assert his privilege
against self-incrimination or any information directly or indirectly
derived from such testimony or other information may be used
against the witness in any criminal case, except a prosecution for
perjury, false swearing, giving a false statement to the Commis-
sioner pursuant to this article, or otherwise failing to comply with
the order.
(e) In addition to any other hearings and investigations which
the Commissioner is authorized or required by this article to hold, the
Commissioner is also authorized to hold investigative hearings on his
own motion with respect to any matter under this article. An
investigative hearing as provided for in this article may be conducted
by any person designated by the Commissioner for that purpose and
may, but need not be, transcribed by the Commissioner or by any
other interested party. No formal action may be taken as a result of
such investigative hearing, but the Commissioner may take such
action as he deems appropriate, based on the information developed
in the hearing and on any other information which he may have.
44-3-8. (a) It shall be unlawful for any person:
(1) To offer to sell or to sell any subdivided land in violation
of Code Section 44-3-3 or any rule, regulation, or order promul-
gated by the Commissioner under any provision of this article;
(2) To offer to sell or to sell any subdivided land by means of
any oral or written untrue statement of a material fact or any
omission to state a material fact necessary in order to make the
statements made in the light of the circumstances under which
they are made not misleading, the purchaser not knowing of the
untruth or omission, if such person shall not sustain the burden of
proof that he did not know and, in the exercise of reasonable care,
could not have known of the untruth or omission; or
(3) To offer to sell or to sell any subdivided land registered
under Code Section 44-3-3 of this article by means of any property
report except a property report which complies with paragraph (4)
of Code Section 44-3-3 of this article.
(b) It shall be unlawful for any person to make to any prospec-
tive purchaser any representation that the filing or effectiveness of a
1454
GENERAL ACTS AND RESOLUTIONS, VOL. I
registration statement or the registration of any subdivided land
under Code Section 44-3-3, or the existence of any exemption for any
land means that the Commissioner has passed in any way upon the
truth, completeness, or accuracy of such registration statement the
merits of such land, or has recommended or given approval to such
land or transaction.
(c) It shall be unlawful for any person knowingly to cause to be
made, in any document filed with the Commissioner or in any
proceeding under this article, any statement which is, at the time it is
made and in light of the circumstances under which it is made, false or
misleading in any material respect.
(d) It shall be unlawful for any person in connection with the
offer, sale, or purchase of any subdivided land, directly or indirectly:
(1) To employ any device, scheme, or artifice to defraud; or
(2) To engage in any transaction, act, practice, or course of
business which operates or would operate as a fraud or deceit upon
the purchaser or seller.
44-3-9. (a) Whenever it appears to the Commissioner, either
upon complaint or otherwise, that any person has engaged in, is
engaging in, or is about to engage in any act, practice, or transaction
which is prohibited by this article or by any rule, regulation, or order
of the Commissioner promulgated or issued pursuant to any Code
section of this article, the Commissioner may in his discretion act
under any or all of the following paragraphs:
(1) Issue an order, if he deems it to be appropriate in the
public interest or for the protection of purchasers, prohibiting
such persons from continuing such act, practice, or transaction,
subject to the right of such person to a hearing as provided in Code
Section 44-3-13 of this article;
(2) Apply to any superior court of competent jurisdiction in
this state for an injunction restraining such person and his agents,
employees, partners, officers, and directors from continuing such
act, practice, or transaction or doing any acts in furtherance
thereof and for the appointment of a receiver or an auditor and
such other and further relief as the facts may warrant; or
GEORGIA LAWS 1982 SESSION
1455
(3) Transmit such evidence as may be available concerning
such act, practice, or transaction to any district attorney or to the
Attorney General, who may at his discretion institute the neces-
sary criminal proceedings.
(b) In any proceedings for an injunction, the Commissioner may
apply for and be entitled to have issued the courts subpoena requir-
ing (1) the appearance forthwith of any defendant and his agents,
employees, partners, officers, or directors; and (2) the production of
such documents, books, and records as may appear necessary for the
hearing upon the petition for an injunction. Upon proof of any of the
offenses described in this Code section, the court may grant such
injunction and appoint a receiver or an auditor and issue such other
orders for the protection of purchasers as the facts may warrant.
(c) In any criminal proceeding, either the district attorney or the
Attorney General or both may apply for and be entitled to have issued
the courts subpoena requiring:
(1) The appearance forthwith of any defendant or his
agents, employees, partners, officers, or directors; and
(2) The production of such documents, books, and records
as may appear necessary for the prosecution of such criminal
proceedings.
(d) Any owner or subdivider who fails to pay, when due, the
registration and inspection fees stated by this article and continues to
sell or offer to sell subdivided land shall be liable, in an action brought
by the Commissioner, for a penalty in an amount equal to treble the
unpaid fees.
44-3-10. (a) Except as provided in subsection (b), any person
who shall wilfully violate any provision of this article shall be guilty of
a misdemeanor and, upon conviction thereof, shall be subject to a fine
of not more than $1,000.00 or imprisonment not to exceed 12 months,
or both.
(b) Any person who shall wilfully violate paragraph (2) of sub-
section (a) of Code Section 44-3-8 or subsection (d) of Code Section
44-3-8 shall be guilty of a felony and, upon conviction thereof, shall be
punished by a fine of not more than $5,000.00 or imprisonment for not
less than one and not more than five years, or both.
1456
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Nothing in this article shall limit any statutory or common-
law right of the state to punish any person for violation of any
provision of any law.
(d) Nothing in this article shall be deemed to prohibit the
administrator appointed under Part 2 of Article 15 of Chapter 1 of
Title 10 from exercising any powers under said part against any
person.
44-3-11. (a) Any person who violates any provision of Code
Section 44-3-8 of this article shall be liable to the person buying such
land. Such buyer may bring an action in any court of competent
jurisdiction to recover damages, even if he no longer owns the land, or,
upon tender of the land at any time before entry of judgment, to
recover the consideration paid, or the fair value thereof at the time
the consideration was paid if such consideration was not paid in cash,
for the land with interest thereon at the rate of 7 percent per annum
from the date of payment down to the date of repayment, together
with all taxable court costs and reasonable attorneys fees.
(b) Every person who directly or indirectly controls a person
liable under subsection (a) of this Code section, every general partner,
executive officer, or director of such person liable under subsection
(a) of this Code section, every person occupying a similar status or
performing similar functions, and every person who participates in
any material way in the sale is liable jointly and severally with and to
the same extent as the person liable under subsection (a) of this Code
section unless the person whose liability arises under the provisions of
this subsection (b) sustains the burden of proof that he did not know
and, in the exercise of reasonable care, could not have known of the
existence of the facts by reason of which liability is alleged to exist.
There is contribution as in the case of contract among several persons
so liable.
(c) No person may bring an action under this Code section more
than two years from the date of the contract for sale or sale if there is
no contract for sale.
(d) Every cause of action under this article survives the death of
any person who might have been a plaintiff or defendant.
(e) Nothing in this article shall limit any statutory or common-
law right of any person in any court for any act involving the sale of
land.
GEORGIA LAWS 1982 SESSION
1457
(f) The owner, publisher, licensee, or operator of any newspaper,
magazine, visual or sound radio broadcasting station or network of
stations, or the agents or employees of any such owner, publisher,
licensee, or operator of such a newspaper, magazine, station or
network of stations shall not be liable under this article for any
advertising of any subdivision, lot, parcel, or unit in any subdivision
carried in any such newspaper or magazine or by any such visual or
sound radio broadcasting station or network of stations, nor shall any
of them be liable under this article for the contents of any such
advertisement.
44-3-12. For the purposes of venue for any civil or criminal
action under this article, any violation of this article or of any rule,
regulation, or order promulgated under this article shall be consid-
ered to have been committed in any county in which any act was
performed in furtherance of the transaction which violated the arti-
cle, in the county of any violators principal place of business, and in
any county in which any violator had control or possession of any
proceeds of said violation or of any books, records, documents, or
other material or objects which were used in furtherance of said
violation.
44-3-13. (a) Where the Commissioner has issued any order
concerning the sale of subdivided land under Code Section 44-3-5 or
44-3-9 of this article, he shall promptly send to the subdivider of such
land and to any person named in the order as a party a notice of
opportunity for hearing. After the entering of any order for revocation
or suspension, the Commissioner shall promptly send to such subdi-
vider or person a notice of opportunity for hearing. Hearings shall be
conducted pursuant to this Code Section 44-3-13 by the Commis-
sioner.
(b) Notices of opportunity for hearing shall be served by invest-
igators appointed by the Commissioner or sent by certified mail,
return receipt requested, to the addressees business mailing address,
and such notice shall state:
(1) The order which has issued and which is proposed to be
issued;
(2) The ground for issuing such order and proposed order;
and
1458
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) That the person to whom such notice is sent will be
afforded a hearing upon request if such request is made within ten
days after receipt of the notice.
(c) Whenever a person requests a hearing in accordance with the
provisions of this Code section, there shall immediately be set a date,
time, and place for such hearing and the person requesting such
hearing shall forthwith be notified thereof. The date set for such
hearing shall be within 15 days, but not earlier than five days, after
the request for hearing has been made unless otherwise agreed to by
the issuer of the notice and the person requesting such hearing.
(d) For the purpose of conducting any hearing as provided in
this Code section, the Commissioner shall have the power to adminis-
ter oaths, to call any party to testify under oath at such hearings, to
require the attendance of witnesses, the production of books, records,
and papers, and to take the depositions of witnesses; and for such
purposes the Commissioner is authorized, at the request of the person
requesting such hearing or upon his own initiative, to issue a sub-
poena for any witness or a subpoena or notice to produce evidence to
compel the production of any books, records, or papers. Said subpoe-
nas may be served by certified mail, return receipt requested, to the
addressees business mailing address or by investigators appointed by
the Commissioner or shall be directed for service to the sheriff of the
county where such witness resides or is found or where such person in
custody of any books, records, or papers resides or is found. The fees
and mileage of the sheriff, witness, or person shall be paid from the
funds of the state treasury for the use of the Commissioner in the
same manner that other expenses of the Commissioner are paid.
(e) At any hearing conducted under this Code section, a party or
an affected person may appear in his own behalf or may be reprejj
sented by an attorney. A stenographic record of the testimony and
other evidence submitted shall be taken unless the Commissioner and
the person requesting such hearing shall agree that such a steno-
graphic record of the testimony shall not be taken. The Commis-
sioner shall pass upon the admissibility of such evidence, but a party
may at any time make objections to any such rulings thereon; and, if
the Commissioner refuses to admit evidence, the party offering the
same shall make a proffer thereof, and such proffer shall be made a
part of the record of such hearing.
GEORGIA LAWS 1982 SESSION
1459
(f) (1) In the case of any hearing conducted under this Code
Section 44-3-13, the Commissioner may conduct said hearing or he
may appoint a referee to conduct said hearing who shall have the
same powers and authority in conducting said hearing as are in
this Code Section 44-3-13 granted to the Commissioner. Said
referee shall have been admitted to the practice of law in this state
and be possessed of such additional qualifications as the Commis-
sioner may require.
(2) In any case where a hearing is conducted by a referee,
the referee shall submit to the Commissioner a written report
including the transcript of the testimony and evidence, if such
transcript is requested by the Commissioner, the findings of fact
and conclusions of law, and a recommendation of the action to be
taken by the Commissioner. A copy of such written report and
recommendations shall within five days of the time of submission
thereof to the Commissioner be served upon the person who
requested the hearing, or his attorney or other representative of
record, by certified mail. That person or his attorney may, within
ten days of service of the copy of such written report and recom-
mendations file with the Commissioner written objections to the
report and recommendations which shall be considered by the
Commissioner before a final order is entered. No recommenda-
tion of the referee shall be approved, modified, or disapproved by
the Commissioner until after ten days after service of such report
and recommendations as provided in this Code section. The
recommendations of the referee may be approved, modified, or
disapproved by the Commissioner. The Commissioner may direct
his referee to take additional testimony or to permit the introduc-
tion of further documentary evidence. In any hearing conducted
by a referee, a transcript of testimony and evidence, and objec-
tions, if any, shall have the same force and effect as if such hearing
or hearings had been conducted by the Commissioner. All recom-
mendations of the referee shall be advisory only and shall not have
the effect of an order of the Commissioner.
(g) If the Commissioner does not receive a request for a hearing
within the prescribed time, he may permit an order previously
entered to remain in effect or he may enter a proposed order. If a
hearing is requested and conducted as provided in this Code Section
44-3-13, the Commissioner shall issue a written order which shall (1)
set forth his findings with respect to the matters involved and (2)
enter an order in accordance with his findings.
1460
GENERAL ACTS AND RESOLUTIONS, VOL. I
44-3-14. (a) An appeal may be taken from any order of the
Commissioner resulting from a hearing held in accordance with the
provisions of Code Section 44-3-13 of this article by any person
adversely affected thereby to the Superior Court of Fulton County,
Georgia, by serving on the Commissioner, within 20 days after the
date of entry of such order, a written notice of appeal, signed by the
appellant, stating:
(1) The order from which the appeal is taken;
(2) The ground upon which a reversal or modification of
such order is sought; and
(3) A demand for a certified transcript of the record of such
order.
(b) Upon receipt of such notice of appeal, the Commissioner
shall, within ten days thereafter, make, certify, and deliver to the
appellant a transcript of the record of the order from which the
appeal is taken, provided that the appellant shall pay the reasonable
costs of such transcript. The appellant shall, within five days after
receipt of such transcript, file such transcript and a copy of the notice
of appeal with the clerk of the court. Said notice of appeal and
transcript of the record shall constitute appellants complaint. Said
complaint shall thereupon be entered on the trial calendar of the
court.
(c) If the order of the Commissioner shall be reversed, the court
shall by its mandate specifically direct the Commissioner as to his
further action in the matter, including the making and entering of any
order or orders in connection therewith, and the conditions, limita-
tions, or restrictions to be therein contained.
44-3-15. Consent to service. Where a consent to service of pro-
cess is required under this article, such consent to service of process
shall be in the form prescribed by the Commissioner, shall be irrevo-
cable, and shall provide that actions arising out of or founded upon
the sale of any subdivided land in violation of this article may be
commenced against the person executing such consent in any court of
competent jurisdiction and proper venue within this state by the
service of process or pleadings upon the Commissioner. Service of any
such process or pleadings in any such action against a person who has
filed a consent to service with the Commissioner shall, if made on the
GEORGIA LAWS 1982 SESSION
1461
Commissioner, be by duplicate copies, one of which shall be filed in
the office of the Commissioner and the other shall immediately be
forwarded by the Commissioner by certified mail to the person
against whom such process or pleadings are directed at his latest
address on file in the office of the Commissioner.
44-3-16. Any condition, stipulation, or provision binding any
person who enters into a transaction subject to the provisions of this
article which waives:
(1) Compliance with any provision of this article or of the
rules and regulations promulgated under this article;
(2) Any rights provided by this article or by the rules and
regulations promulgated under this article; or
(3) Any defenses arising under this article or under the rules
and regulations promulgated under this article shall be void.
44-3-17. For any action taken or any proceeding had under the
provisions of this article or under color of the law, the Commissioner
shall be immune from liability and actions to the same extent that any
judge of any court of general jurisdiction in this state would be
immune.
44-3-18. (a) Any action, civil or criminal, where a defense is
based upon any exemption provided for in this article, the burden of
proving the existence of such exemption shall be upon the party
raising such defense.
(b) In any action, civil or criminal, a certificate signed and sealed
by the Commissioner stating compliance or noncompliance with the
provisions of this article shall constitute prima-facie evidence of such
compliance or noncompliance with the provisions of this article and
shall be admissible in any such action.
(c) In any action, civil or criminal, copies, photostatic or other-
wise, certified by the Commissioner, of any documents filed in his
office and of any of his records shall be admissible with the same
effect as the original of such documents or records would have if
actually produced.
1462
GENERAL ACTS AND RESOLUTIONS, VOL. I
44-3-19. (a) Prior law exclusively governs all suits, actions,
prosecutions, or proceedings which are pending or may be initiated on
the basis of facts or circumstances occurring before November 1,
1982, except that no civil actions may be maintained to enforce any
liability under prior law unless brought within any period of limita-
tion which applied when the cause of action accrued and, in any event,
within two years of November 1,1982.
(b) All effective registrations under prior law, all administrative
orders relating to such registrations, and all conditions imposed upon
such registrations remain in effect so long as they would have
remained in effect if this article had not been passed. They are
considered to have been filed, entered, or imposed under this article
but are governed by prior law. Renewals and consolidations of
effective registrations under prior law which are filed after November
1,1982, shall be governed by the provisions of this article and not by
prior law.
(c) Judicial review of all administrative orders as to which review
proceedings have not been instituted by November 1, 1982, are
governed by Code Section 44-3-15 of this article, except that no
review proceeding may be instituted unless the petition is filed within
any period of limitation which applied to a review proceeding when
the order was entered and, in any event, by December 31,1982.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
GEORGIA LAWS 1982 SESSION
1463
ALCOHOLIC BEVERAGES SALE, ETC.
REGULATED.
Code Title 5A Amended.
Code Title 3 Amended.
No. 1438 (House Bill No. 1252).
AN ACT
To amend Code Title 5A, relating to alcoholic beverages, so as to
provide that license hearings conducted by the commissioner are
exempt from the requirements of the Georgia Administrative Proce-
dure Act; to provide procedures for the holding of referendum
elections in certain situations and to provide for matters relative
thereto; to require a separate retail license for each place of business;
to provide for an existing license to apply to a new location in certain
circumstances where a retail licensee moves his package sales busi-
ness; to change certain population brackets and census references; to
amend an Act known as the Georgia Administrative Procedure Act,
approved March 10,1964 (Ga. L. 1964, p. 338), as amended, so as to
exempt certain proceedings of the commissioner from coverage under
the Act; to amend an Act entitled An Act to amend the Code of
Georgia of 1933, as amended, so as to codify, revise, clarify, classify,
consolidate, modernize, and supersede exhaustively and completely
certain laws relating to the regulation and taxation of alcoholic
beverages; to create Code Title 5A of the Code of Georgia of 1933, as
amended; to provide a short title; to define certain terms; to provide
for continuation of certain forms and filings; to provide that the Act
shall not affect or abate certain actions, rights, proceedings, and
violations; to provide for administration of the provisions of the title
by the State Revenue Commissioner; to provide for rules and regula-
tions; to specify powers of the State Revenue Commissioner; to
specify certain prohibitions; to declare certain privileges; to specify
certain requirements; to provide for access to certain records; to
provide for penalties and interest; to specify certain law enforcement
duties; to provide for seizure and disposition of contraband; to
provide for a tax on distilled spirits; to regulate package sales; to
provide license and excise taxes; to regulate sales by the drink; to
provide excise and license taxes; to tax and regulate sales and
consumption of beer and wine; to authorize certain local option
alcoholic beverage control; to provide for sales and regulation of
alcoholic beverages in private clubs; to specify certain crimes; to
1464
GENERAL ACTS AND RESOLUTIONS, VOL. I
amend an Act known as The Georgia Administrative Procedure Act,
approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended,
particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p.
404), so as to provide that the regulation of liquor and alcoholic
beverages is within the scope of the Act; to provide for other matters
relative to the foregoing; to provide that certain laws are not repealed;
to repeal certain specific laws; to repeal conflicting laws; and for other
purposes., approved April, 8, 1980 (Ga. L. 1980, p. 1573), so as to
repeal a section of said Act relating to the applicability of the
Georgia Administrative Procedure Act to the regulation of alco-
holic beverages; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Title 5A, relating to alcoholic beverages, is
amended by striking paragraph (2) of subsection (a) of Code Section
5A-303 in its entirety and inserting in lieu thereof a new paragraph (2)
of subsection (a) of said Code section to read as follows:
(2) Before any denial, suspension, or cancellation of a license
granted pursuant to this title, the applicant or licensee shall be
afforded a hearing in the manner and subject to the conditions and
procedures established by this chapter and the commissioner.
Section 2. Said Title is further amended by striking subsection
(g) of Code Section 5A-507 in its entirety and substituting in lieu
thereof a new subsection (g) to read as follows:
(g) In each county having a population of not less than 153,000
or more than 165,000, according to the census, in which the sale of
alcoholic beverages is lawful and in all municipalities within such
counties in which the sale of alcoholic beverages is lawful, the
governing authority of the county or municipality, as appropriate,
may authorize the sale of alcoholic beverages for consumption on the
premises:
(1) At any time from 11:55 P.M. on Saturdays and the two
hours immediately following such time.
GEORGIA LAWS 1982 SESSION
1465
(2) In eating establishments which are located in the unin-
corporated area of the county, in the case of the county, or which
are located in the corporate limits of the municipality, in the case
of a municipality, on Sundays between the hours of 12:30 P.M. and
12:00 Midnight. For the purposes of this paragraph, eating
establishment means an establishment which is licensed to sell
distilled spirits, malt beverages, or wines for consumption on the
premises and which derives at least 50 per cent of its total annual
gross food and beverage sales from the sale of prepared meals or
food.
Section 3. Said Title is further amended by adding between
Code Sections 5A-2502 and 5A-2503 a new Code section, to be
designated Code Section 5A-2502.1, to read as follows:
5A-2502.1. Retail licenses, (a) A separate retail license shall be
required for each place of business.
(b) In cases where a retail licensee is moving his package sales
business to a different location, he shall be authorized to make
application to have the license for the location previously occupied
apply to the new location. Anything contained in Code Section 5A-
2502 to the contrary notwithstanding, if the retail licensee complies
with all other requirements of law, the commissioner shall authorize
the existing license to apply to the new location.
Section 4. Said Title is further amended by striking subsection
(b) of Code Section 5A-2902 in its entirety and inserting in lieu
thereof a new subsection (b) to read as follows:
(b) (1) (A) In the event the governing authority of any
municipality or county coming under the provisions of this
Code section desires to exercise the powers authorized by
Code Section 5A-2901, the governing authority shall conduct
a special referendum election for the purpose of determining
whether or not these powers shall be exercised. Any such
governing authority shall notify the election superintendent
of the county, or the municipality, as the case may be, of the
referendum, by forwarding to the superintendent a copy of a
resolution of such governing authority calling for such a
referendum election. Upon receipt of such resolution, it shall
be the duty of such election superintendent to set a date and
to issue the call for an election for the purpose of submitting
1466
GENERAL ACTS AND RESOLUTIONS, VOL. I
the question of whether or not the governing authority of the
county or municipality shall be authorized to issue licenses to
sell distilled spirits for beverage purposes by the drink, such
sales to be for consumption only on the premises. The
superintendent shall set the date of the referendum election
for not less than 30 nor more than 45 days after the call.
Notice of the call for the referendum shall be published by the
superintendent in the legal organ of the county or, in the case
of a municipality, in a newspaper of general circulation in the
municipality. The election superintendent shall also cause
the date and purpose of the referendum to be published in the
official organ of the county or, in the case of a municipality, in
a newspaper of general circulation in the municipality once a
week for two weeks immediately preceding the date of the
election. The ballot shall have printed thereon the following:
( ) YES Shall the governing authority of
( ) NO _________________be authorized to issue li-
censes to sell distilled spirits for bev-
erage purposes by the drink, such
sales to be for consumption only on
the premises?
(B) All persons desiring to vote in favor shall vote Yes,
and those persons opposed shall vote No. If more than one-
half of the votes cast on such question are in favor of issuing
licenses to sell distilled spirits for beverage purposes by the
drink, such sales to be for consumption only on the premises,
then the governing authority shall, in accordance with this
section, issue such licenses, otherwise, no license shall be
issued. It shall be the duty of the election superintendent to
hold and conduct such election under the same rules that
govern special elections as provided in the Georgia Election
Code for county elections, or in the Georgia Municipal Elec-
tion Code, for municipal elections. It shall be his further duty
to canvass the returns and declare and certify the results of
the election to the Secretary of State. The expense for the
election shall be borne by the county or the municipality
conducting the election.
GEORGIA LAWS 1982 SESSION
1467
(2) (A) In the event the governing authority of any muni-
cipality or county coming under the provisions of this Code
section does not adopt a resolution directing the election
superintendent to issue a call for the referendum provided for
in paragraph (1), then, upon a written petition containing the
signatures of 15 percent of the registered and qualified voters
of any municipality or county coming within the provisions of
this Code section being filed with the appropriate election
superintendent, such election superintendent shall be
required to call and hold a special referendum election for the
purpose of submitting to the qualified voters of the munici-
pality or the county, as the case may be, the question of
whether or not the governing authority shall be authorized to
issue licenses to sell distilled spirits for beverage purposes by
the drink, such sales to be for consumption only on the
premises. For purposes of this Code section the required
number of signatures of registered voters of a political subdi-
vision shall be computed based on the number of voters
qualified to vote at the general election immediately preced-
ing the presentation of the petition. However, signers of the
petition shall be registered and qualified to vote in the
referendum election sought by the petition. The election
superintendent shall verify the signatures on the petition
within 15 days after such petition has been placed on file in
his office. If the petition contains a sufficient number of valid
signatures, the election superintendent shall set the date of
the referendum election for not less than 30 nor more than 45
days after the call. Notice of the call for the referendum shall
be published by the superintendent in the legal organ of the
county or, in the case of a municipality, in a newspaper of
general circulation in the municipality. The election superin-
tendent shall also cause the date and purpose of the referen-
dum to be published in the official organ of the county or, in
the case of a municipality, in a newspaper of general circula-
tion in the municipality once a week for two weeks immedi-
ately preceding the date of the election. The ballot shall have
printed thereon the following:
( ) YES Shall the governing authority of
( ) NO ________________be authorized to issue li-
censes to sell distilled spirits for bev-
erage purposes by the drink, such
sales to be for consumption only on
the premises?
1468
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) All persons desiring to vote in favor shall vote Yes,
and those persons opposed shall vote No. If more than one-
half of the votes cast on such question are in favor of issuing
licenses to sell distilled spirits for beverage purposes by the
drink, such sales to be for consumption only on the premises,
then the governing authority shall, in accordance with this
Code section, issue such licenses, otherwise, no license shall
be issued. It shall be the duty of the election superintendent
to hold and conduct such election under the same rules that
govern special elections as provided in the Georgia Election
Code for county elections, or the Georgia Municipal Election
Code, for municipal elections. It shall be his further duty to
canvass the returns and declare and certify the results of the
election to the Secretary of State. The expense for the
election shall be borne by the county or the municipality
conducting the election.
(C) Following the expiration of two years after any
election is held which results in the disapproval of sales as
provided in this chapter, another election on this question
shall be held if another petition, as provided above, is filed
with the appropriate governing authority.
Section 5. Said Title is further amended by striking paragraph
(1) of subsection (a) of Code Section 5A-6503 in its entirety and
substituting in lieu thereof a new paragraph (1) to read as follows:
(1) Coliseum authority means any public coliseum authority
created by law in any county having a population of not less than
153,000 and not more than 165,000, according to the census.
Section 6. An Act known as the Georgia Administrative Proce-
dure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as
amended, is amended by striking subsection (a) of Section 2 of said
Act in its entirety and inserting in lieu thereof a new subsection (a) to
read as follows:
(a) Agency means each State board, bureau, commission,
department, activity or officer authorized by law expressly to make
GEORGIA LAWS 1982 SESSION
1469
rules and regulations or to determine contested cases except the
General Assembly, the judiciary, the Governor, the Board of Pardons
and Paroles, the State Board of Probation, the Board of Bar Examin-
ers, the Board of Offender Rehabilitation and its penal institutions,
the State Board of Workers Compensation, all Public Authorities,
the State Personnel Board (Merit System), the State Supervisor of
Purchases (Purchasing Department), the Department of Revenue
when conducting hearings on the denial, suspension, or cancellation
of licenses relating to alcoholic beverages, or any school, college,
hospital or other such educational, eleemosynary or charitable insti-
tution, or any agency when its action is concerned with the military or
naval affairs of this State.
Section 7. An Act entitled An Act to amend the Code of
Georgia of 1933, as amended, so as to codify, revise, clarify, classify,
consolidate, modernize, and supersede exhaustively and completely
certain laws relating to the regulation and taxation of alcoholic
beverages; to create Code Title 5A of the Code of Georgia of 1933, as
amended; to provide a short title; to define certain terms; to provide
for continuation of certain forms and filings; to provide that the Act
shall not affect or abate certain actions, rights, proceedings, and
violations; to provide for administration of the provisions of the title
by the State Revenue Commissioner; to provide for rules and regula-
tions; to specify powers of the State Revenue Commissioner; to
specify certain prohibitions; to declare certain privileges; to specify
certain requirements; to provide for access to certain records; to
provide for penalties and interest; to specify certain law enforcement
duties; to provide for seizure and disposition of contraband; to
provide for a tax on distilled spirits; to regulate package sales; to
provide license and excise taxes; to regulate sales by the drink; to
provide excise and license taxes; to tax and regulate sales and
consumption of beer and wine; to authorize certain local option
alcoholic beverage control; to provide for sales and regulation of
alcoholic beverages in private clubs; to specify certain crimes; to
amend an Act known as The Georgia Administrative Procedure Act,
approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended,
particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p.
404), so as to provide that the regulation of liquor and alcoholic
beverages is within the scope of the Act; to provide for other matters
relative to the foregoing; to provide that certain laws are not repealed;
to repeal certain specific laws; to repeal conflicting laws; and for other
purposes., approved April 8,1980 (Ga. L. 1980, p. 1573), is amended
by repealing in its entirety Section 2 of said Act which reads as
follows:
1470
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Administrative Procedure Act amended. An Act
known as The Georgia Administrative Procedure Act, approved
March 10,1964 (Ga. Laws 1964, p. 338), as amended, particularly by
an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), is hereby
amended by striking from subsection (a) of Section 2 thereof the
following:
the regulation of liquor and alcoholic beverages,,
so that when so amended subsection (a) of Section 2 shall read as
follows:
(a) Agency means each State board, bureau, commission,
department, activity or officer authorized by law expressly to
make rules and regulations or to determine contested cases except
the General Assembly, the judiciary, the Governor, the Board of
Pardons and Paroles, the State Board of Probation, the Board of
Bar Examiners, the Board of Corrections and its penal institu-
tions, the State Board of Workers Compensation, all Public
Authorities, the State Personnel Board (Merit System), the State
Supervisor of Purchases (Purchasing Department), or any school,
college, hospital or other such education, eleemosynary or charita-
ble institution, or any agency when its action is concerned with the
military or naval affairs of this State.
Part 2
Section 8. Code Section 3-2-3 of the Official Code of Georgia
Annotated, relating to the powers of the commissioner to regulate
alcoholic beverages, is amended by striking paragraph (1) of said
Code section in its entirety and inserting in lieu thereof a new
paragraph (1) to read as follows:
(1) Deny, suspend, or cancel any license required under this
title if:
(A) The license application is not filed in good faith or is
filed by some person as a subterfuge for any other person;
(B) Any applicant for a license or any licensee under this
title willfully fails to comply with any provisions of this title or
with rules and regulations adopted by the commissioner; or
GEORGIA LAWS 1982 SESSION
1471
(C) Any person to whom a license has been issued is no
longer engaged in the dealing of alcoholic beverages or no longer
qualifies as a licensee under this title.
Before any denial, suspension, or cancellation of a license granted
pursuant to this title, the applicant or licensee shall be afforded a
hearing in the manner, and subject to the conditions and procedures
established by this chapter and the commissioner. The commissioner
shall notify an applicant or licensee in writing of the denial, suspen-
sion, or cancellation by registered or certified mail to the last known
address of the applicant or licensee appearing in the commissioners
files or by personal service upon the applicant or licensee by an
authorized agent of the commissioner. Upon cancellation of a license
for cause under this paragraph, there shall be no renewal or reissu-
ance of the canceled license for a period of two years from the date of
cancellation;.
Section 9. Code Section 3-3-7 of the Official Code of Georgia
Annotated, relating to local authorization and regulation of sales of
alcoholic beverages on Sunday, is amended by striking subsection (f)
of said Code section in its entirety and substituting in lieu thereof a
new subsection (f) to read as follows:
(f) In each county having a population of not less than 153,000
nor more than 165,000 according to the United States decennial
census of 1980 or any future such census in which the sale of alcoholic
beverages is lawful and in all municipalities within such counties in
which the sale of alcoholic beverages is lawful, the governing author-
ity of the county or municipality, as appropriate, may authorize the
sale of alcoholic beverages for consumption on the premises:
(1) At any time from 11:55 P.M. on Saturdays and the two
hours immediately following such time; and
(2) In eating establishments which are located in the unin-
corporated area of the county, in the case of the county, or which
are located in the corporate limits of the municipality, in the case
of a municipality, on Sundays from 12:30 P.M. until 12:00
Midnight. As used in this paragraph, the term eating establish-
ment means an establishment which is licensed to sell distilled
spirits, malt beverages, or wines for consumption on the premises
and which derives at least 50 percent of its total annual gross food
and beverage sales from the sale of prepared meals or food.
1472
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 10. Chapter 4 of Title 3 of the Official Code of Georgia
Annotated, relating to distilled spirits, is amended by adding between
Code Sections 3-4-21 and 3-4-22 a new Code section, to be designated
Code Section 3-4-21.1, to read as follows:
3-4-21.1. (a) A separate retail license shall be required for
each place of business.
(b) In cases where a retail licensee is moving his package sales
business to a different location, he shall be authorized to make
application to have the license for the location previously occupied
apply to the new location. Anything contained in Code Section 3-4-21
to the contrary notwithstanding, if the retail licensee complies with
all other requirements of law, the commissioner shall authorize the
existing license to apply to the new location.
Section 11. Code Section 3-4-91 of the Official Code of Georgia
Annotated, relating to procedures for authorizing sales of distilled
spirits by the drink, is amended by striking subsection (b) of said
Code section in its entirety and inserting in lieu thereof a new
subsection (b) to read as follows:
(b) (1) (A) In the event the governing authority of any
municipality or county coming under the provisions of this
Code section desires to exercise the powers authorized by
Code Section 3-4-90, the governing authority shall conduct a
special referendum election for the purpose of determining
whether or not these powers shall be exercised. Any such
governing authority shall notify the election superintendent
of the county, or the municipality, as the case may be, of the
referendum, by forwarding to the superintendent a copy of a
resolution of such governing authority calling for such a
referendum election. Upon receipt of such resolution, it shall
be the duty of such election superintendent to set a date and
to issue the call for an election for the purpose of submitting
the question of whether or not the governing authority of the
county or municipality shall be authorized to issue licenses to
sell distilled spirits for beverage purposes by the drink, such
sales to be for consumption only on the premises. The
superintendent shall set the date of the referendum election
for not less than 30 nor more than 45 days after the call.
Notice of the call for the referendum shall be published by the
superintendent in the legal organ of the county or, in the case
GEORGIA LAWS 1982 SESSION
1473
of a municipality, in a newspaper of general circulation in the
municipality. The election superintendent shall also cause
the date and purpose of the referendum to be published in the
official organ of the county or, in the case of a municipality, in
a newspaper of general circulation in the municipality once a
week for two weeks immediately preceding the date of the
election. The ballot shall have printed thereon the following:
( ) YES Shall the governing authority of
( ) NO _______________be authorized to issue li-
censes to sell distilled spirits for bev-
erage purposes by the drink, such
sales to be for consumption only on
the premises?
(B) All persons desiring to vote in favor shall vote Yes,
and those persons opposed shall vote No. If more than one-
half of the votes cast on such question are in favor of issuing
licenses to sell distilled spirits for beverage purposes by the
drink, such sales to be for consumption only on the premises,
then the governing authority shall, in accordance with this
Code section, issue such licenses, otherwise, no license shall
be issued. It shall be the duty of the election superintendent
to hold and conduct such election under the same rules that
govern special elections as provided in the Georgia Election
Code for county elections, or in the Georgia Municipal Elec-
tion Code, for municipal elections. It shall be his further duty
to canvass the returns and declare and certify the results of
the election to the Secretary of State. The expense for the
election shall be borne by the county or the municipality
conducting the election.
(2) (A) In the event the governing authority of any muni-
cipality or county coming under the provisions of this Code
section does not adopt a resolution directing the election
superintendent to issue a call for the referendum provided for
in paragraph (1), then, upon a written petition containing the
signatures of 15 percent of the registered and qualified voters
of any municipality or county coming within the provisions of
this Code section being filed with the appropriate election
superintendent, such election superintendent shall be
1474
GENERAL ACTS AND RESOLUTIONS, VOL. I
required to call and hold a special referendum election for the
purpose of submitting to the qualified voters of the munici-
pality or the county, as the case may be, the question of
whether or not the governing authority shall be authorized to
issue licenses to sell distilled spirits for beverage purposes by
the drink, such sales to be for consumption only on the
premises. For purposes of this Code section the required
number of signatures of registered voters of a political subdi-
vision shall be computed based on the number of voters
qualified to vote at the general election immediately preced-
ing the presentation of the petition. However, signers of the
petition shall be registered and qualified to vote in the
referendum election sought by the petition. The election
superintendent shall verify the signatures on the petition
within 15 days after such petition has been placed on file in
his office. If the petition contains a sufficient number of valid
signatures, the election superintendent shall set the date of
the referendum election for not less than 30 nor more than 45
days after the call. Notice of the call for the referendum shall
be published by the superintendent in the legal organ of the
county or, in the case of a municipality, in a newspaper of
general circulation in the municipality. The election superin-
tendent shall also cause the date and purpose of the referen-
dum to be published in the official organ of the county or, in
the case of a municipality, in a newspaper of general circula-
tion in the municipality once a week for two weeks immedi-
ately preceding the date of the election. The ballot shall have
printed thereon the following:
( ) YES Shall the governing authority of
( ) NO ________________be authorized to issue li-
censes to sell distilled spirits for bev-
erage purposes by the drink, such
sales to be for consumption only on
the premises?
(B) All persons desiring to vote in favor shall vote Yes,
and those persons opposed shall vote No. If more than one-
half of the votes cast on such question are in favor of issuing
licenses to sell distilled spirits for beverage purposes by the
GEORGIA LAWS 1982 SESSION
1475
drink, such sales to be for consumption only on the premises,
then the governing authority shall, in accordance with this
Code section, issue such licenses, otherwise, no license shall
be issued. It shall be the duty of the election superintendent
to hold and conduct such election under the same rules that
govern special elections as provided in the Georgia Election
Code for county elections, or the Georgia Municipal Election
Code, for municipal elections. It shall be his further duty to
canvass the returns and declare and certify the results of the
election to the Secretary of State. The expense for the
election shall be borne by the county or the municipality
conducting the election.
(C) Following the expiration of two years after any
election is held which results in the disapproval of sales as
provided in this article, another election on this question shall
be held if another petition, as provided in subparagraph (A)
of this paragraph, is filed with the appropriate governing
authority.
Section 12. Code Section 3-8-3 of the Official Code of Georgia
Annotated, relating to the sale of malt beverages at coliseums, is
amended by striking paragraph (1) of subsection (a) of said Code
section in its entirety and substituting in lieu thereof a new paragraph
(1) to read as follows:
(1) Coliseum authority means any public coliseum authority
created by law in any county having a population of not less than
153,000 nor more than 165,000 according to the United States decen-
nial census of 1980 or any future such census.
Section 13. Code Section 50-13-2 of the Official Code of Georgia
Annotated, relating to definitions for state administration and
enforcement, is amended by striking paragraph (1) of said Code
section in its entirety and inserting in lieu thereof a new paragraph (1)
to read as follows:
(1) Agency means each state board, bureau, commission,
department, activity, or officer authorized by law expressly to make
rules and regulations or to determine contested cases, except the
General Assembly; the judiciary; the Governor; the State Board of
Pardons and Paroles; the State Financing and Investment Commis-
sion; the State Properties Commission; the Board of Bar Examiners;
1476
GENERAL ACTS AND RESOLUTIONS, VOL. I
the Board of Offender Rehabilitation and its penal institutions; the
State Board of Workers Compensation; all public authorities; the
State Personnel Board (Merit System); the Department of Adminis-
trative Services or commissioner of administrative services; the
Department of Revenue when conducting hearings on the denial,
suspension, or cancellation of licenses relating to alcoholic beverages;
any school, college, hospital, or other such educational, eleemosynary,
or charitable institution; or any agency when its action is concerned
with the military or naval affairs of this state.
Part 3
Section 14. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 15. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 16,1982.
CRIMINAL PROCEDURE PLEAS OF
INSANITY, ETC.
Code Chapter 27-15 Amended.
Code Section 17-7-131 Amended.
No. 1439 (House Bill No. 1290).
AN ACT
To amend Code Chapter 27-15, relating to demurrers and special
pleas, as amended, particularly by an Act approved April 8,1977 (Ga.
GEORGIA LAWS 1982 SESSION
1477
L. 1977, p. 1293), so as to change provisions relating to the plea of
insanity at the time of the commission of a crime; to change the
procedures to be followed regarding such a plea; to provide for a
verdict of guilty but mentally ill; to provide for all related matters; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 27-15, relating to demurrers and special
pleas, as amended, particularly by an Act approved April 8,1977 (Ga.
L. 1977, p. 1293), is amended by striking Code Section 27-1503 and
inserting in its place a new Code section to read as follows:
27-1503. Insanity and incompetency, (a) Definitions. For
purposes of this Code section:
(1) Insane at the time of the crime means meeting the
criteria of Code Section 26-702 or 26-703. However, the term shall
not include a mental state manifested only by repeated unlawful
or antisocial conduct.
(2) Mentally ill means having a disorder of thought or
mood which significantly impairs judgment, behavior, capacity to
recognize reality, or ability to cope with the ordinary demands of
life or having a state of significantly subaverage general intellec-
tual functioning existing concurrently with defects of adaptive
behavior which originates in the developmental period. The term
mentally ill shall not include a mental state manifested only by
repeated unlawful or antisocial conduct.
(b) Verdict; finding as to insanity. In all cases in which the
defense of insanity is interposed the jury, or the court if tried by it,
shall find whether the defendant is:
(1) Guilty;
1478
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Not guilty;
(3) Not guilty by reason of insanity at the time of the crime;
or
(4) Guilty but mentally ill at the time of the crime, but the
finding of guilty but mentally ill shall be made only in felony cases.
(c) Jury instructions; finding as to insanity. In all criminal trials
of any of the courts of this state wherein an accused shall contend that
he was insane or otherwise mentally incompetent under the law at the
time the act or acts charged against him were committed, the trial
judge shall instruct the jury that they may consider, in addition to
verdicts of guilty and not guilty, the additional verdicts of not
guilty by reason of insanity at the time of the crime and guilty but
mentally ill at the time of the crime.
(1) The defendant may be found not guilty by reason of
insanity at the time of the crime if he meets the critera of Code
Section 26-702 or 26-703 at the time of the commission of the
crime. If the court or jury should make such finding, it shall so
specify in its verdict.
(2) The defendant may be found guilty but mentally ill at
the time of the crime if the jury, or court acting as trier of facts,
finds beyond a reasonable doubt that the defendant is guilty of the
crime charged and was mentally ill at the time of the commission
of the crime. If the court or jury should make such finding, it shall
so specify in its verdict.
(d) Evaluation of present mental condition. Whenever a
defendant is found not guilty by reason of insanity at the time of the
crime, the court shall retain jurisdiction over the person so acquitted
and shall order such person to be detained in a state mental health
facility, to be selected by the Department of Human Resources, for a
period not to exceed 30 days from the date of the acquittal order, for
evaluation of the defendants present mental condition. Upon com-
pletion of the evaluation, the proper officials of the mental health
facility shall send a report of the defendants present mental condi-
tion to the trial judge, the prosecuting attorney, and the defendants
attorney, if any.
GEORGIA LAWS 1982 SESSION
1479
(e) Postevaluation commitment procedures. After the expira-
tion of the 30 days evaluation period in the state mental health
facility, if the evaluation report from the Department of Human
Resources indicates that the defendant does not meet the commit-
ment criteria of Code Chapter 88-5 or Code Chapter 88-25, the trial
judge may issue an order discharging the defendant from custody
without a hearing. If the defendant is not so discharged, the trial
judge shall order a hearing to determine whether the defendant
should be committed to the Department of Human Resources. The
defendant shall be detained in custody until completion of the
hearing. The hearing shall be conducted at the earliest opportunity
after the expiration of the 30 days evaluation period but in any event
within 30 days after receipt by the prosecuting attorney of the
evaluation report from the mental health facility. The court may take
judicial notice of evidence introduced during the trial of the defend-
ant and may call for testimony from any person with knowledge
concerning whether the defendant is currently a mentally ill person in
need of involuntary treatment or currently mentally retarded and in
need of being ordered to receive services, as provided in subsection (v)
of Code Section 88-501 and Code Section 88-2504. The prosecuting
attorney may cross-examine the witnesses called by the court and the
defendants witnesses and present relevant evidence concerning the
issues presented at the hearing. If the judge determines that the
defendant meets the commitment criteria of Code Chapter 88-5 or 88-
25, the judge shall order the defendant to be committed to the
Department of Human Resources to receive involuntary treatment
under Code Chapter 88-5 or to receive services under Code Chapter
88-25. The defendant is entitled to the rights specified below and
shall be notified in writing of these rights at the time of his admission
for evaluation under subsection (d). Such rights are:
(1) A notice that a hearing will be held and the time and
place thereof;
(2) A notice that the defendant has the right to counsel and
that the defendant or his representatives may apply immediately
to the court to have counsel appointed if the defendant cannot
afford counsel and that the court will appoint counsel for the
defendant unless he indicates in writing that he does not desire to
be represented by counsel;
(3) The right to confront and cross-examine witnesses and
to offer evidence;
1480
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) The right to subpoena witnesses and to require testi-
mony before the court in person or by deposition from any person
upon whose evaluation the decision of the court may rest;
(5) Notice of the right to have established an individualized
service plan or individualized program plan specifically tailored to
the persons treatment needs, as such plans are defined in subsec-
tion (w) of Code Section 88-501 and subsection (i) of Code Section
88-2502;
(6) A notice that the defendant has the right to be examined
by a physician or a licensed clinical psychologist of his own choice
at his own expense and to have that physician or psychologist
submit a suggested service plan for the patient which conforms
with the requirements of subsection (w) of Code Section 88-501 or
subsection (i) of Code Section 88-2502, whichever is applicable.
(f) Release of persons found not guilty by reason of insanity. A
defendant who has been found not guilty by reason of insanity at the
time of the crime and is ordered committed to the Department of
Human Resources under subsection (e) of this Code Section may only
be discharged from that commitment by order of the committing
court in accordance with the procedures specified in this subsection:
(1) Application for the release of a defendant who has been
committed to the Department of Human Resources under subsec-
tion (e) of this Code section upon the ground that he does not meet
the civil commitment criteria under Code Chapter 88-5 or Code
Chapter 88-25 may be made to the committing court, either by
such defendant or by the superintendent of the state hospital in
which the defendant is detained.
(2) The burden of proof in such release hearing shall be
upon the applicant. The defendant shall have the same rights in
the release bearing as set forth in subsection (e) of this Code
section.
(3) If the finding of the court is adverse to release in such
hearing held pursuant to subsection (f) on the grounds that such
defendant does meet the civil commitment criteria under Code
Chapter 88-5 or Code Chapter 88-25 a further release application
shall not be heard by the court until twelve months have elapsed
from the date of the bearing upon the last preceding application.
GEORGIA LAWS 1982 SESSION
1481
(g) Sentencing of defendant found guilty but mentally ill.
Whenever a defendant is found guilty but mentally ill at the time of a
felony, or enters a plea to that effect that is accepted by the court, the
court shall sentence him in the same manner as a defendant found
guilty of the offense. If a defendant who is found guilty but mentally
ill at the time of the felony is committed to an appropriate penal
facility, he shall be further evaluated and then treated, within the
limits of state funds appropriated therefor, in such manner as is
psychiatrically indicated for his mental illness. Treatment may be
provided by:
(1) The penal facility; or
(2) The Department of Human Resources after transfer
pursuant to procedures set forth in regulations of the Department
of Offender Rehabilitation and the Department of Human
Resources.
(h) Probation. If a defendant who is found guilty but mentally
ill at the time of a felony is placed on probation under the Statewide
Probation Act (Ga. L. 1956, p. 27), the court may require that the
defendant undergo available outpatient medical or psychiatric treat-
ment or seek similar available voluntary inpatient treatment as a
condition of probation. Persons required to receive such services may
be charged fees by the provider of the services.
Part 2
Section 2. Part 2 of Article 6 of Chapter 7 of Title 17 of the
Official Code of Georgia Annotated, relating to the pleas of insanity
and mental incompetency, is amended by striking Code Section 17-7-
131 and inserting in its place a new Code section to read as follows:
17-7-131. (a) For purposes of this Code section, the term:
(1) Insane at the time of the crime means meeting the
criteria of Code Section 16-3-2 or Code Section 16-3-3. However,
the term shall not include a mental state manifested only by
repeated unlawful or antisocial conduct.
(2) Mentally ill means having a disorder of thought or
mood which significantly impairs judgment, behavior, capacity to
recognize reality, or ability to cope with the ordinary demands of
1482
GENERAL ACTS AND RESOLUTIONS, VOL. I
life or having a state of significantly subaverage general intellec-
tual functioning existing concurrently with defects of adaptive
behavior which originates in the developmental period. However,
the term mental illness shall not include a mental state mani-
fested only by repeated unlawful or antisocial conduct.
(b) In all cases in which the defense of insanity is interposed, the
jury, or the court if tried by it, shall find whether the defendant is:
(1) Guilty;
(2) Not guilty;
(3) Not guilty by reason of insanity at the time of the crime;
or
(4) Guilty but mentally ill at the time of the crime, but the
finding of guilty but mentally ill shall be made only in felony cases.
(c) In all criminal trials of any of the courts of this state wherein
an accused shall contend that he was insane or otherwise mentally
incompetent under the law at the time the act or acts charged against
him were committed, the trial judge shall instruct the jury that they
may consider, in addition to verdicts of guilty and not guilty, the
additional verdicts of not guilty by reason of insanity at the time of
the crime and guilty but mentally ill at the time of the crime.
(1) The defendant may be found not guilty by reason of
insanity at the time of the crime if he meets the critera of Code
Section 16-3-2 or 16-3-3 at the time of the commission of the
crime. If the court or jury should make such finding, it shall so
specify in its verdict.
(2) The defendant may be found guilty but mentally ill at
the time of the crime if the jury, or court acting as trier of facts,
finds beyond a reasonable doubt that the defendant is guilty of the
crime charged and was mentally ill or mentally retarded at the
time of the commission of the crime. If the court or jury should
make such finding, it shall so specify in its verdict.
(d) Whenever a defendant is found not guilty by reason of
insanity at the time of the crime, the court shall retain jurisdiction
over the person so acquitted and shall order such person to be
GEORGIA LAWS 1982 SESSION
1483
detained in a state mental health facility, to be selected by the
Department of Human Resources, for a period not to exceed 30 days
from the date of the acquittal order, for evaluation of the defendants
present mental condition. Upon completion of the evaluation, the
proper officials of the mental health facility shall send a report of the
defendants present mental condition to the trial judge, the prose-
cuting attorney, and the defendants attorney, if any.
(e) After the expiration of the 30 days evaluation period in the
state mental health facility, if the evaluation report from the Depart-
ment of Human Resources indicates that the defendant does not meet
the commitment criteria of Chapter 37-3 or Chapter 37-4, the trial
judge may issue an order discharging the defendant from custody
without a hearing. If the defendant is not so discharged, the trial
judge shall order a hearing to determine whether the defendant
should be committed to the Department of Human Resources. The
defendant shall be detained in custody until completion of the
hearing. The hearing shall be conducted at the earliest opportunity
after the expiration of the 30 days evaluation period but in any event
within 30 days after receipt by the prosecuting attorney of the
evaluation report from the mental health facility. The court may take
judicial notice of evidence introduced during the trial of the defend-
ant and may call for testimony from any person with knowledge
concerning whether the defendant is currently a mentally ill person in
need of involuntary treatment or currently mentally retarded and in
need of being ordered to receive services, as those terms are defined
by paragraph (12) of Code Section 37-3-1 and Code Section 37-4-40.
The prosecuting attorney may cross-examine the witnesses called by
the court and the defendants witnesses and present relevant evi-
dence concerning the issues presented at the hearing. If the judge
determines that the defendant meets the commitment criteria of
Chapter 3 or 4 of Title 37, the judge shall order the defendant to be
committed to the Department of Human Resources to receive invol-
untary treatment under Chapter 3 of Title 37 or to receive services
under Chapter 4 of Title 37. The defendant is entitled to the
following rights specified below and shall be notified in writing of
these rights at the time of his admission for evaluation under subsec-
tion (d). Such rights are:
(1) A notice that a hearing will be held and the time and
place thereof;
1484
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) A notice that the defendant has the right to counsel and
that the defendant or his representatives may apply immediately
to the court to have counsel appointed if the defendant cannot
afford counsel and that the court will appoint counsel for the
defendant unless he indicates in writing that he does not desire to
be represented by counsel;
(3) The right to confront and cross-examine witnesses and
to offer evidence;
(4) The right to subpoena witnesses and to require testi-
mony before the court in person or by deposition from any person
upon whose evaluation the decision of the court may rest;
(5) Notice of the right to have established an individualized
service plan specifically tailored to the persons treatment needs,
as such plans are defined in Chapters 37-3 and 37-4;
(6) A notice that the defendant has the right to be examined
by a physician or a licensed clinical psychologist of his own choice
at his own expense and to have that physician or psychologist
submit a suggested service plan for the patient which conforms
with the requirements of Chapter 37-3 or Chapter 37-4, whichever
is applicable.
(f) A defendant who has been found not guilty by reason of
insanity at the time of the crime and is ordered committed to the
Department of Human Resources under subsection (e) of this Code
section may only be discharged from that commitment by order of the
committing court in accordance with the procedures specified in this
subsection:
(1) Application for the release of a defendant who has been
committed to the Department of Human Resources under subsec-
tion (e) of this Code section upon the ground that he does not meet
the civil commitment criteria under Chapter 37-3 or Chapter 37-4
may be made to the committing court, either by such defendant or
by the superintendent of the state hospital in which the said
defendant is detained;
(2) The burden of proof in such release hearing shall be
upon the applicant. The defendant shall have the same rights in
the release hearing as set forth in subsection (e) of this Code
section;
GEORGIA LAWS 1982 SESSION
1485
(3) If the finding of the court is adverse to release in such
hearing held pursuant to subsection (f) on the grounds that such
defendant does meet the civil commitment criteria, a further
release application shall not be heard by the court until 12 months
have elapsed from the date of the hearing upon the last preceding
application.
(g) Whenever a defendant is found guilty but mentally ill at the
time of a felony, or enters a plea to that effect that is accepted by the
court, the court shall sentence him in the same manner as a defendant
found guilty of the offense. If a defendant who is found guilty but
mentally ill at the time of the felony is committed to an appropriate
penal facility, he shall be further evaluated and then treated, within
the limits of state funds appropriated therefor, in such manner as is
psychiatrically indicated for his mental illness. Treatment may be
provided by:
(1) The penal facility; or
(2) The Department of Human Resources after transfer
pursuant to procedures set forth in regulations of the Department
of Offender Rehabilitation and the Department of Human
Resources.
(h) If a defendant who is found guilty but mentally ill at the time
of a felony is placed on probation under the State-wide Probation
Act, Article 2 of Chapter 8 of Title 42, the court may require that the
defendant undergo available outpatient medical or psychiatric treat-
ment or seek similar available voluntary inpatient treatment as a
condition of probation. Persons required to receive such services may
be charged fees by the provider of the services.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
1486
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
SECRETARIES OF JUDGES OF SUPERIOR
COURTS AND DISTRICT ATTORNEYS.
Code Sections 15-6-25, 15-18-17 Amended.
No. 1440 (House Bill No. 1293).
AN ACT
To amend an Act fixing the salaries of judges of the superior
courts, approved March 7, 1957 (Ga. L. 1957, p. 273), as amended,
particularly by an Act approved April 25,1975 (Ga. L. 1975, p. 1506)
and an Act approved March 23,1977 (Ga. L. 1977, p. 668), so as to
change certain provisions relating to the compensation of secretaries
for superior court judges and district attorneys; to provide for other
matters relative thereto; to amend the Official Code of Georgia
Annotated accordingly; to provide effective dates; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act fixing the salaries of judges of the superior
courts, approved March 7, 1957 (Ga. L. 1957, p. 273), as amended,
particularly by an Act approved April 25,1975 (Ga. L. 1975, p. 1506)
and an Act approved March 23, 1977 (Ga. L. 1977, p. 668), is
amended by striking Section IB in its entirety and substituting in lieu
thereof a new Section IB to read as follows:
Section IB. (a) Each superior court judge is authorized to
employ a secretary. Each secretary so employed shall be an employee
GEORGIA LAWS 1982 SESSION
1487
of the judicial branch of state government and shall be in the
unclassified service of the State Merit System of Personnel Adminis-
tration.
(b) Secretaries employed pursuant to this section shall serve at
the pleasure of the superior court judge who employed them and shall
perform such duties and assignments as shall be prescribed by the
superior court judge.
(c) The base annual salary of each secretary shall be $12,192.00.
(1) Effective July 1,1983, the maximum figure provided for
such secretaries salaries which are to be paid from state funds
shall be increased in the same manner, effective on the same date,
as may be appropriated for any across-the-board increase for
members of the classified service of the State Merit System of
Personnel Administration.
(2) The judge may, not more often than once a year and on
not more than five occasions, grant to each secretary a merit
increase of 5 percent of the secretarys salary during the previous
year; but when a new secretary is appointed, the new secretarys
beginning salary shall be the base salary plus any cost-of-living
increases granted on and after July 1,1983.
(d) 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.
(e) 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. Said Act is further 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 authorized to employ
two legal secretaries. Each secretary so employed shall be an
1488
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 employed pursuant to this section shall serve at
the pleasure of the district attorney who employed them and shall
perform such duties and assignments as shall be prescribed by the
district attorney.
(c) The base annual salary of each secretary shall be $12,192.00.
(1) Effective July 1, 1983, the figure provided for such
secretaries salaries which are to be paid from state funds shall be
increased in the same manner, effective on the same date, as may
be appropriated for any across-the-board increase for members of
the classified service of the State Merit System of Personnel
Administration.
(2) The district attorney may, not more often than once a
year and on not more than five occasions, grant to each secretary a
merit increase of 5 percent of the secretarys salary during the
previous year; but when a new secretary is appointed the new
secretarys beginning salary shall be the base salary plus any cost-
of-living increases granted on and after July 1,1983.
(3) The salary of any secretary employed before July 1,
1982, shall not be reduced if it exceeds the base salary. Such a
secretary shall receive the across-the-board increases specified in
paragraph (1) but shall be eligible for merit increases under
paragraph (2) only to the extent that they do not increase the
secretarys salary above the maximum allowed to a secretary
employed after July 1,1982.
(d) 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.
(e) 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.
GEORGIA LAWS 1982 SESSION
1489
Part 2
Section 3. Title 15 of the Official Code of Georgia Annotated,
relating to courts is amended by striking Code Section 15-6-25, which
reads as follows:
15-6-25. (a) Each superior court judge is authorized to
employ a secretary.
(b) A secretary employed under this Code section shall possess
such qualifications as shall be determined by the judge employing the
secretary and shall serve at the pleasure of the judge. The secretary
shall perform such duties and services as shall be prescribed by the
judge.
(c) Each secretary so employed shall be an employee of the
judicial branch of state government and shall be in the unclassified
service of the State Merit System of Personnel Administration. The
secretary shall be compensated in an amount to be set by the superior
court judge commensurate with industry salaries in the community
for similar work. An amount not to exceed $8,400.00 per annum for
the salary of the secretary as provided and fixed in this Code section
shall be paid in equal monthly installments from state funds appro-
priated or otherwise made available for the operation of the superior
courts. Effective July 1,1978, the maximum figure provided for such
secretaries salaries which are to be paid from state funds shall be
increased in the same manner, effective on the same date, as may be
appropriated for any across-the-board increase for members of the
classified service of the State Merit System of Personnel Administra-
tion. In addition to the salary paid as prescribed in this Code section,
any employers contribution required by the act of Congress,
approved August 14,1935,49 Stat. 620, known as the Social Security
Act, as 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.,
and inserting in its place a new Code section to read as follows:
15-6-25 (a) Each superior court judge is authorized to employ
a secretary. Each secretary so employed shall be an employee of the
judicial branch of state government and shall be in the unclassified
service of the State Merit System of Personnel Administration.
1490
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Secretaries employed pursuant to this Code section shall
serve at the pleasure of the superior court judge who employed them
and shall perform such duties and assignments as shall be prescribed
by the superior court judge.
(c) The base annual salary of each secretary shall be $12,192.00.
(1) Effective July 1,1983, the maximum figure provided for
such secretaries salaries which are to be paid from state funds
shall be increased in the same manner, effective on the same date,
as may be appropriated for any across-the-board increase for
members of the classified service of the State Merit System of
Personnel Administration.
(2) The judge may, not more often than once a year and on
not more than five occasions, grant to each secretary a merit
increase of 5 percent of the secretarys salary during the previous
year; but when a new secretary is appointed, the new secretarys
beginning salary shall be the base salary plus any cost-of-living
increases granted on and after July 1,1983.
(d) The compensation of each secretary shall be paid in equal
monthly installments from state funds appropriated or otherwise
available for the operation of the superior courts.
(e) In addition to the salary paid to each secretary, 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 4. Said title is further amended by striking Code Section
15-18-17, which reads as follows:
15-18-17. (a) Each district attorney is authorized to employ
two legal secretaries.
(b) Secretaries employed pursuant to this Code section shall
serve at the pleasure of the district attorney. The secretaries shall
perform such duties and assignments as shall be prescribed by the
district attorney.
GEORGIA LAWS 1982 SESSION
1491
(c) Each secretary so employed shall be an employee of the
judicial branch of the state government and shall be in the unclassi-
fied service of the State Merit System of Personnel Administration.
The district attorney shall fix the annual salary 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, such promotion
to be based upon merit and performance. The compensation provided
for in this subsection 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 prescribed in subsection (c)
of this Code section, any employers contribution required by the act
of Congress, approved August 14, 1935, 49 Stat. 620, known as the
Social Security Act, as amended, or by any regulations or require-
ments issued pursuant thereto shall also be paid from funds appropri-
ated or otherwise made available for the operation of the superior
courts.,
and inserting in its place a new Code section to read as follows:
15-18-17 (a) Each district attorney is authorized to employ
two legal secretaries. Each secretary so employed shall be an
employee of the judicial branch of state government and shall be in
the unclassified service of the State Merit System of Personnel
Administration.
(b) Secretaries employed pursuant to this Code section shall
serve at the pleasure of the district attorney who employed them and
shall perform such duties and assignments as shall be prescribed by
the district attorney.
(c) The base annual salary of each secretary shall be $12,192.00.
(1) Effective July 1, 1983, the figure provided for such
secretaries salaries which are to be paid from state funds shall be
increased in the same manner, effective on the same date, as may
be appropriated for any across-the-board increase for members of
the classified service of the State Merit System of Personnel
Administration.
1492
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) The district attorney may, not more often than once a
year and on not more than five occasions, grant to each secretary a
merit increase of 5 percent of the secretarys salary during the
previous year; but when a new secretary is appointed the new
secretarys beginning salary shall be the base salary plus any cost-
of-living increases granted on and after July 1,1983.
(3) The salary of any secretary employed before July 1,
1982, shall not be reduced if it exceeds the base salary. Such a
secretary shall receive the across-the-board increases specified in
paragraph (1) but shall be eligible for merit increases under
paragraph (2) only to the extent that they do not increase the
secretarys salary above the maximum allowed to a secretary
employed after July 1,1982.
(d) The compensation of each secretary shall be paid in equal
monthly installments from state funds appropriated or otherwise
available for the operation of the superior courts.
(e) In addition to the salary paid to each secretary, 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.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1493
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
STATE BOARD FOR THE CERTIFICATION OF
LIBRARIANS AMENDED.
Code Title 43, Chapter 24 Amended.
No. 1441 (House Bill No. 1363).
AN ACT
To amend an Act establishing a State Board for the Certification
of Librarians, approved March 31, 1937 (Ga. L. 1937, p. 245), as
amended by an Act approved March 14,1978 (Ga. L. 1978, p. 918), an
Act approved March 20, 1980 (Ga. L. 1980, p. 489), and an Act
approved March 25, 1980 (Ga. L. 1980, p. 1075), so as to change the
provisions relative to the membership of the board; to continue the
board pursuant to Section 9 of The Act Providing for the Review,
Continuation, Reestablishment or Termination of Regulatory Agen-
cies, approved March 24,1977 (Ga. L. 1977, p. 961), as amended; to
define certain terms; to remove library assistants from the require-
ments of the Act; to provide an exception; to amend the Official Code
of Georgia Annotated accordingly; to provide effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act establishing a State Board for the Certifica-
tion of Librarians, approved March 31,1937 (Ga. L. 1937, p. 245), as
amended by an Act approved March 14,1978 (Ga. L. 1978, p. 918), an
Act approved March 20, 1980 (Ga. L. 1980, p. 489), and an Act
approved March 25, 1980 (Ga. L. 1980, p. 1075), is amended by
1494
GENERAL ACTS AND RESOLUTIONS, VOL. I
striking Section 1 and Section 1A, relating to the creation and
membership of the board, in their entirety and substituting in lieu
thereof a new Section 1 to read as follows:
Section 1. (a) The State Board for the Certification of Librarians
is created, to consist of six persons as follows:
(1) Four persons who shall represent special, academic, and
public librarians certified under this chapter or three persons who
shall represent special, academic, and public librarians certified
under this chapter, and one person who shall be a trustee of a
public library;
(2) A member to be appointed from the public at large who
shall have no connection whatsoever with the library profession;
and
(3) The director of public library services of the Depart-
ment of Education.
(b) The members referred to in paragraphs (1) and (2) of subsec-
tion (a) of this Code section shall be appointed by the Governor and
shall be confirmed by the Senate.
(c) The terms of the four members appointed pursuant to para-
graph (1) of subsection (a) of this Code section shall expire as follows:
one on December 31, 1982; one on December 31, 1983; one on
December 31,1984; and one on December 31,1985. The initial term
for the member appointed pursuant to paragraph (2) of subsection (a)
of this Code section shall expire December 31, 1984. Successors to
these terms shall be appointed for a term of five years. The term of
the director of public library services of the Department of Education
shall be coextensive with the term of office of this position.
(d) Members of the board shall be reimbursed as provided for in
Code Section 84-102, as amended.
(e) Pursuant to Section 9 of The Act Providing for the Review,
Continuation, Reestablishment or Termination of Regulatory Agen-
cies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or
hereafter amended, the State Board for the Certification of Librari-
ans and the laws relating thereto are continued until July 1,1987, at
which time the board shall be terminated. Upon its termination, the
GEORGIA LAWS 1982 SESSION
1495
board shall continue in existence until July 1 of the next succeeding
year for the purpose of concluding its affairs and activities. During
that termination period, the powers or authority of the board shall
not be reduced or otherwise limited. The laws relative to the board
shall be continued in effect for the duration of the termination period
only for the purpose of concluding its affairs. As of the last day of the
termination period, the laws relative to the board shall stand repealed
in their entirety. During the termination period, the board shall not
issue any new licenses nor renew any licenses nor collect any license
fees which were not due and payable prior to the date of termination
of the board.
Section 2. Said Act is further amended by adding a new section
between Section 2, relating to vacancies on the board, and Section 3,
relating to certificates issued by the board, to be designated Section
2A, to read as follows:
Section 2A. As used in this Act, the term:
(1) Library means an organization providing services and
informational materials in a variety of formatting, including, but
not limited to, books, films, tapes, microforms, and periodicals
and having no fewer than 3,000 items which have been selected,
acquired, and organized for dissemination.
(2) Librarian means a person with specialized training as
identified in this Act and in the administrative rules and regula-
tions applicable to this Act and possessing the necessary training
and qualifications to plan, organize, communicate, and administer
successfully the use of the librarys materials and services.
Section 3. Said Act is further amended by striking Section 4,
relating to the employment of librarians certified by the board, in its
entirety and inserting in lieu thereof a new Section 4 to read as
follows:
Section 4. From and after January % 1938, any public library
serving a political subdivision or subdivisions having over five
thousand population according to the last official Federal census,
and every library operated by the State or its authority, including
libraries of institutions of higher learning, shall not employ in the
position of librarian a person who does not hold a librarians certif-
icate issued by the Board. No public funds shall be paid to any
1496
GENERAL ACTS AND RESOLUTIONS, VOL. I
library failing to comply with the provisions of this Act. Provided,
however, that nothing in this Act shall apply to law libraries of
counties or cities, or to libraries of public elementary and high
schools, or to libraries of the University System of Georgia.
Section 4. Said Act is further amended by striking from the first
sentence of Section 6 the following:
or full time assistant librarian,
so that when so amended Section 6 shall read as follows:
Section 6. This Act shall not be construed to affect any librarian
in his or her present position. Such librarians as are now in service
shall be entitled to receive a certificate in accordance with their
qualifications for positions now held without examination, upon
payment of the prescribed fee, and such certificate so issued shall be a
life certificate. The Board may issue certificates to qualified persons
who are serving in libraries not supported by public funds.
Part 2
Section 5. Chapter 24 of Title 43 of the Official Code of Georgia
Annotated, relating to librarians, is amended by striking in its
entirety Code Section 43-24-1 and inserting in lieu thereof a new Code
Section 43-24-1 to read as follows:
43-24-1. As used in this chapter, the term:
(1) Board means the State Board for the Certification of
Librarians.
(2) Librarian means a person with specialized training as
identified in this chapter and in the administrative rules and
regulations applicable to this chapter and possessing the neces-
sary training and qualifications to plan, organize, communicate,
and administer successfully the use of the librarys materials and
services.
(3) Library means an organization providing services and
informational materials in a variety of formatting, including, but
not limited to, books, films, tapes, microforms, and periodicals
and having no fewer than 3,000 items which have been selected,
acquired, and organized for dissemination.
GEORGIA LAWS 1982 SESSION
1497
Section 6. Said chapter is further amended by striking in its
entirety Code Section 43-24-2 and inserting in lieu thereof a new Code
Section 43-24-2 to read as follows:
43-24-2. (a) The State Board for the Certification of Librari-
ans is created, to consist of six persons as follows:
(1) Four persons who shall represent special, academic and
public librarians certified under this chapter; or three persons who
shall represent special, academic, and public librarians certified
under this chapter, and one person who shall be a trustee of a
public library;
(2) A member to be appointed from the public at large who
shall have no connection whatsoever with the library profession;
and
(3) The director of public library services of the Depart-
ment of Education.
(b) The members referred to in paragraphs (1) and (2) of subsec-
tion (a) of this Code section shall be appointed by the Governor and
shall be confirmed by the Senate.
(c) The terms of the four members appointed pursuant to para-
graph (1) of subsection (a) of this Code section shall expire as follows:
one on December 31, 1982; one on December 31, 1983; one on
December 31,1984; and one on December 31, 1985. The initial term
for the member appointed pursuant to paragraph (2) of subsection (a)
of this Code section shall expire December 31, 1984. Successors to
these terms shall be appointed for a term of five years. The term of
the director of public library services of the Department of Education
shall be coextensive with the term of office of this position.
(d) Members of the board shall be reimbursed as provided for in
subsection (f) of Code Section 43-1-2.
(e) If there is a vacancy on the board, the Governor shall appoint
a member to serve the unexpired term.
Section 7. Said chapter is further amended by striking Code
Section 43-24-4 in its entirety and inserting in lieu thereof a new Code
Section 43-24-4 to read as follows:
1498
GENERAL ACTS AND RESOLUTIONS, VOL. I
43-24-4. Any public library serving a political subdivision or
subdivisions having a population of over 5,000 according to the
United States decennial census of 1970 or any future such census and
every library operated by the state or its authority, including libraries
of institutions of higher learning, shall not employ in the position of
librarian a person who does not hold a librarians certificate issued by
the board. No public funds shall be paid to any library failing to
comply with this chapter, provided that nothing in this chapter shall
apply to law libraries of counties and municipalities, to libraries of
public elementary and high schools, or to libraries of the University
System of Georgia.
Section 8. Said chapter is further amended by striking from
Code Section 43-24-7 the following:
July 1,1982,
and inserting in lieu thereof the following:
July 1,1987,
so that when so amended Code Section 43-24-7 shall read as follows:
43-24-7. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the State Board for the Certification
of Librarians shall be terminated on July 1, 1987, and this chapter
and any other laws relating to such board shall be repealed in their
entirety effective on the date specified in Code Section 43-2-8.
Part 3
Section 9. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1499
Section 10. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 16,1982.
EYE BANKS.
Code Title 31, Chapter 23 Amended.
No. 1442 (House Bill No. 1395).
AN ACT
To amend Chapter 23 of Title 31 of the Official Code of Georgia
Annotated, relating to eye banks, so as to change the definition of the
term eye bank; to change the provisions relating to persons who
may operate eye banks; to change the provisions relating to persons
authorized to extract eyes; to change the provisions relating to the
application of the chapter; to change the provisions relating to
unlawful activities and penalties; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 23 of Title 31 of the Official Code of Georgia
Annotated, relating to eye banks, is amended by striking in its
entirety paragraph (1) of Code Section 31-23-1, which reads as
follows:
(1) Eye bank means a nonprofit facility which is maintained
and operated for the extraction, removal, care, storage, preservation,
and use of human eyes or parts thereof for purposes of sight preserva-
tion or restoration, medical education, or instruction pertaining to
sight preservation or restoration, which facility is operated by and
under the supervision of persons who are at the same time operating a
hospital for the care of human beings or a medical school for instruc-
tion in the medical care of human beings.,
1500
GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof a new paragraph (1) to read as follows:
(1) Eye bank means a nonprofit facility which is maintained
and operated for the extraction, removal, care, storage, preservation,
and use of human eyes or parts thereof for purposes of sight preserva-
tion or restoration, medical education, instruction pertaining to sight
preservation or restoration, or research, which facility is operated by
or under a hospital for the care of human beings or a medical school in
conjunction with the department or school of ophthalmology of such
medical school.
Section 2. Said chapter is further amended by striking in its
entirety Code Section 31-23-3, which reads as follows:
31-23-3. Any person operating a hospital for the care of human
beings or a medical school for instruction in the medical care of
human beings, acting alone or in conjunction with other charitable
organizations, may establish and maintain an eye bank in such
hospital or medical school upon approval for the establishment of an
eye bank by the Department of Human Resources. Upon the estab-
lishment of any eye bank as authorized in this Code section, such
persons may then begin the extraction, removal, care, preservation,
storage, and use of human eyes or parts thereof for any of the
purposes for which eye banks may be established. Persons who
operate the same shall have the right to receive gifts, donations, and
bequests for the purposes stated in this Code section.,
and inserting in lieu thereof a new Code Section 31-23-3 to read as
follows:
31-23-3. Any hospital or any medical school in conjunction with
the department or school of ophthalmology of such medical school,
alone or in further conjunction with other charitable organizations,
may establish and maintain an eye bank in or under such hospital or
medical school upon approval for the establishment of the eye bank
by the Department of Human Resources, if the eye bank meets the
medical standards approved by the Eye Bank Association of America.
Upon the establishment of any eye bank as authorized in this Code
section, the extraction, removal, care, preservation, storage, and use
of human eyes or parts thereof for any of the purposes for which eye
banks may be established may begin in such facility or as authorized
by such facility. The eye bank shall have the right to receive gifts,
donations, and bequests for the purposes stated in this Code section.
GEORGIA LAWS 1982 SESSION
1501
Section 3. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 31-23-5 and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) Upon the death of any donor, the persons holding a donors
unrevoked instrument of donation and maintaining and operating the
donee eye bank may authorize any physician, or any embalmer
licensed under Article 1 of Chapter 18 of Title 43, as now or hereafter
amended, who has completed a course of training in eye extraction
approved by the department, or any technician trained by and
authorized by the eye bank to extract and remove the donated eyes or
parts thereof for the eye bank in accordance with sound medical
practices.
Section 4. Said chapter is further amended by striking Code
Section 31-23-8 in its entirety and inserting in lieu thereof a new Code
Section 31-23-8 to read as follows:
31-23-8. Nothing in this chapter shall affect, interfere with, or
change presently existing methods of the medical or scientific opera-
tion, treatment, examination, or instruction pertaining to the eyes of
human beings as the same is now carried on in the hospitals or under
the medical schools of this state.
Section 5. Said chapter is further amended by striking Code
Section 31-23-9 in its entirety and inserting in lieu thereof a new Code
Section 31-23-9 to read as follows:
31-23-9. (a) It shall be unlawful:
(1) For any person to sell either his eyes or any parts thereof
or the eyes or any parts thereof of another person or to receive any
remuneration for the giving of a human eye or any part thereof;
(2) For the person or persons operating and maintaining
any eye bank to sell any donated eye or donated part thereof or
knowingly to extract, remove, or take possession of any human eye
or part thereof for which any person received compensation or
remuneration; or
(3) For any person or persons to establish or operate any eye
bank without approval of the department or otherwise not in
accordance with this chapter.
1502
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Any person who violates any provision of this Code section
shall be guilty of a misdemeanor.
Section 6. This Act shall become effective November 1,1982.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
PROBATE COURTS JURISDICTION.
Code Section 15-9-30 Amended.
No. 1443 (House Bill No. 1724).
AN ACT
To amend Code Section 15-9-30 of the Official Code of Georgia
Annotated, relating to jurisdiction of probate courts, so as to more
fully enumerate the powers and duties of probate courts; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 15-9-30 of the Official Code of Georgia
Annotated, relating to jurisdiction of probate courts, is amended by
striking the Code section in its entirety and substituting in lieu
thereof a new Code Section 15-9-30 to read as follows:
15-9-30. (a) Probate courts have authority, unless otherwise
provided by law, to exercise original, exclusive, and general jurisdic-
tion of the following subject matters:
(1) The probate of wills;
GEORGIA LAWS 1982 SESSION
1503
(2) The granting of letters testamentary and of administra-
tion and the repeal or revocation of the same;
(3) All controversies in relation to the right of executorship
or administration;
(4) The sale and disposition of the property belonging to,
and the distribution of, deceased persons estates;
(5) The appointment and removal of guardians of minors
and persons who are incompetent because of mental illness or
mental retardation;
(6) All controversies as to the right of guardianship;
(7) The auditing and passing of returns of all executors,
administrators, and guardians;
(8) The discharge of former sureties and the requiring of
new sureties from administrators and guardians;
(9) All matters as may be conferred on them by Chapter 3 of
Title 37;
(10) All other matters and things as appertain or relate to
estates of deceased persons and to persons who are incompetent
because of mental illness or mental retardation; and
(11) All matters as may be conferred on them by the Consti-
tution and laws.
(b) In addition to the jurisdiction granted in subsection (a) of
this Code section and unless otherwise provided by law, the probate
courts shall have the power to carry out the following duties as
assigned by specific laws:
(1) Perform county governmental administration duties;
(2) Perform duties relating to elections;
(3) Fill vacancies in public offices by appointment;
1504
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Administer oaths to public officers;
(5) Accept, file, approve, and record bonds of public offi-
cers;
(6) Register and permit certain enterprises;
(7) Issue marriage licenses;
(8) Hear traffic cases;
(9) Receive pleas of guilty and impose sentences in cases of
violations of game and fish laws;
(10) Hold criminal commitment hearings; and
(11) Perform such other judicial and ministerial functions as
may be provided by law.
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
ACT REGULATING DEALERS IN PRECIOUS
METALS, ETC. AMENDED.
Code Title 43, Chapter 37 Amended.
No. 1444 (House Bill No. 1495).
AN ACT
To amend an Act providing for the regulation of certain dealers in
precious metals or gems, approved April 17, 1981 (Ga. L. 1981, p.
GEORGIA LAWS 1982 SESSION
1505
1570), so as to change certain definitions; to provide for the adminis-
tration of such Act by the appropriate law enforcement officer; to
change the provisions relating to the registration of dealers in pre-
cious metals or gems; to change the provisions relating to notification
of change of ownership or address of dealers in precious metals or
gems; to amend the Official Code of Georgia Annotated accordingly;
to provide effective dates; to provide for automatic repeal of certain
provisions of this Act; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act providing for the regulation of certain dealers
in precious metals or gems, approved April 17,1981 (Ga. L. 1981, p.
1570), is amended by striking Section 1 in its entirety and inserting in
lieu thereof a new Section 1 to read as follows:
Section 1. Definitions. As used in this Act, the term:
(1) 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
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.
(2) Gems means any precious or semiprecious stone cut
and polished.
(3) Numismatic coins means coins whose value as collec-
tors items exceeds the value of the content of the precious metals
in the coins.
(4) Person means an individual, partnership, corporation,
joint venture, trust, association, or any other legal entity however
organized.
1506
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Precious metals means gold, silver, or platinum or any
alloy containing gold, silver, or platinum.
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. Registration as a dealer in precious metals or gems,
(a) (1) The law enforcement officer designated to administer
the provisions of this Act and register dealers in precious metals
or gems in each county shall be the sheriff, unless the county has
a county police department, in which case it will be the chief of
the county police department.
(2) The law enforcement officer designated to administer
the provisions of this Act and register dealers in precious metals or
gems in each municipality shall be the chief of police of the
municipality.
(b) (1) No person shall engage in business as a dealer in
precious metals or gems until he has registered as a dealer in
precious metals or gems for each separate place of business as
provided herein. The registration shall be in writing and shall be
sworn to or affirmed by the dealer in precious metals or gems. If
the 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 regis-
tration 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 registra-
tion. 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
names, addresses, and ages of all other persons having an owner-
ship interest or actually employed in the business other than
publicly held corporations.
GEORGIA LAWS 1982 SESSION
1507
(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 appropriate
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.
(c) 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.
(d) 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. Said Act is further amended by striking Section 4 in
its entirety and inserting in lieu thereof a new Section 4 to read as
follows:
Section 4. Written reports required, (a) Every dealer in precious
metals or gems shall make a report in writing to the appropriate law
enforcement officer of the county or municipality in which he is
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
1508
GENERAL ACTS AND RESOLUTIONS, VOL. I
report on forms approved or prescribed by the appropriate 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 appropriate 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 appropriate law enforcement
officer of the county or municipality and shall be available for
inspection only for law enforcement purposes.
(2) The appropriate 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 4. Said Act is further amended by striking in its entirety
subsection (d) of Section 5 and inserting in lieu thereof a new
subsection (d) to read as follows:
(d) If the appropriate law enforcement officer of the county or
municipality has probable cause to believe that the precious metals or
gems have been stolen, he may give notice in writing to the dealer to
retain the precious metals or gems for an additional 15 days and it
shall be unlawful for the dealer to dispose of the property unless the
notice is revoked in writing within the 15 day period.
Part 2
Section 5. Chapter 37 of Title 43 of the Official Code of Georgia
Annotated, relating to dealers in precious metals and gems, is
amended by striking Code Section 43-37-1 in its entirety and insert-
ing in lieu thereof a new Code Section 43-37-1 to read as follows:
43-37-1. As used in this chapter, the term:
(1) Dealer in precious metals or gems means:
(A) Any person engaged in the business of purchasing
precious metals or gems or goods made from precious metals
GEORGIA LAWS 1982 SESSION
1509
or gems from persons or sources other than manufacturers,
manufacturers representatives, or other dealers in precious
metals or gems; or
(B) A person engaged in any other business if, in con-
junction with such business, precious metals or gems or goods
made from precious metals or gems are purchased from
persons or sources other than manufacturers, manufacturers
representatives, or other dealers in precious metals or gems
where such purchase is for resale in its original form or as
changed by remounting, melting, re-forming, remolding, or
recasting or for resale as scrap or in bulk.
(2) Gems means any precious or semiprecious stone which
is cut and polished.
(3) Numismatic coins means coins whose value as collec-
tors items exceeds the value of the content of the precious metals
in the coins.
(4) Person means an individual, partnership, corporation,
joint venture, trust, association, or any other legal entity however
organized.
(5) Precious metals means gold, silver, or platinum or any
alloy containing gold, silver, or platinum.
Section 6. Said chapter is further amended by striking Code
Section 43-37-2 in its entirety and inserting in lieu thereof a new Code
Section 43-37-2 to read as follows:
43-37-2. (a) (1) The law enforcement officer designated to
administer the provisions of this chapter and register dealers in
precious metals or gems in each county shall be the sheriff, unless
the county has a county police department, in which case it will be
the chief of the county police department.
(2) The law enforcement officer designated to administer
the provisions of this chapter and register dealers in precious
metals or gems in each municipality shall be the chief of police of
the municipality.
1510
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) No person shall engage in business as a dealer in precious
metals or gems until he has registered as a dealer in precious metals or
gems for each separate place of business. 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
such chief of police 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 record shall be available for public inspection.
(c) The registration shall contain the name, address, and age of
the dealer together with the names, addresses, and ages of all other
persons having an ownership interest or actually employed in the
business other than publicly held corporations.
(d) No person shall be eligible to register as a dealer in precious
metals or gems if any employee or stockholder, other than stockhold-
ers 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 subsection 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.
(e) All registrations shall contain the address of the premises
upon which the business is conducted and the zoning and planning
classification of the premises.
(f) Each dealer shall be required to notify the appropriate 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 of 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.
GEORGIA LAWS 1982 SESSION
1511
(g) 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.
(h) Nothing in this Code 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 so
required by the county or municipality.
Section 7. Said chapter is further amended by striking Code
Section 43-37-4 in its entirety and inserting in lieu thereof a new Code
Section 43-37-4 to read as follows:
43-37-4. (a) Every dealer in precious metals or gems shall
make a report in writing to the appropriate law enforcement officer of
the county or municipality in which he is registered, on forms
approved or prescribed by the appropriate law enforcement officer of
the county or the municipality, 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. The report shall contain the information
specified in paragraphs (1) through (5) of subsection (a) of Code
Section 43-37-3 and shall be typewritten or handwritten in legible
English and mailed or delivered to the appropriate law enforcement
officer of the county or the municipality within 24 hours after the day
on which the transactions occurred.
(b) All reports shall be maintained in a locked container under
the direct supervision of the appropriate law enforcement officer of
the county or municipality and shall be available for inspection only
for law enforcement purposes.
(c) The appropriate law enforcement officer of the county or
municipality may, in his discretion, authorize any person who demon-
strates theft of precious metals or gems by the presenting of an
incident report or other similar document to inspect the reports in an
effort to locate stolen property.
Section 8. Said chapter is further amended by striking in its
entirety subsection (d) of Code Section 43-37-6 and inserting in lieu
thereof a new subsection (d) to read as follows:
1512
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) If the appropriate law enforcement officer of the county or
municipality has probable cause to believe that 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.
Part 3
Section 9. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 10. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 16,1982.
ELECTION CODE AMENDED.
Code Title 21 Amended.
No. 1445 (House Bill No. 1900).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to substitute the terms precinct and
voting precinct for the term election district; to require county
and municipal precinct boundaries to meet certain standards; to
authorize grants to counties and municipalities; to provide for all
GEORGIA LAWS 1982 SESSION
1513
related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 21 of the Official Code of Georgia Annotated,
relating to elections, is amended by striking paragraphs (5), (9), (22),
and (23) of Code Section 21-2-2 and inserting new paragraphs (5), (9),
(22), (23), and (23.5) to read as follows:
(5) Election district is synonymous with the terms precinct
and voting precinct.
(9) Managers means the chief manager and the assistant
managers required to conduct primaries and elections in any precinct
in accordance with this chapter.
(22) Polling place means the room provided in each precinct
for voting at a primary or election.
(23) Poll officers means the chief manager, assistant managers,
and clerks required to conduct primaries and elections in any precinct
in accordance with this chapter.
(23.5) Precinct is synonymous with the term voting precinct
and means a geographical area, established in accordance with this
chapter, within which all electors vote at one polling place.
Section 2. Said title is further amended by striking Code
Sections 21-2-260 through 21-2-264 and inserting in their place new
Code sections to read as follows:
21-2-260. Each election district existing as of December 31,
1982, shall constitute a separate precinct until and unless changed as
provided in this article.
21-2-261. (a) The superintendent of a county may, on petition
as provided in Code Section 21-2-262, divide or redivide any precinct
in that county into two or more precincts of compact and contiguous
territory, or alter the bounds of any precinct in that county, or form a
precinct out of two or more adjoining precincts or parts of precincts in
that county, or consolidate adjoining precincts in that county, so as to
suit the convenience of the electors and to promote the public
interests.
1514
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) No new precinct shall be formed that shall contain less than
100 electors.
(c) The bounds of a precinct shall not be altered on a day in
which a primary or election is held, or during the period of 60 days
prior to any general primary or election, or during the period of 30
days prior to any special primary or election. The superintendent
shall promptly notify the board of registrars of any change in the
bounds of precincts.
(d) Any precinct established or altered on or after July 1,1983,
must conform with the requirements of subsection (a) of Code
Section 21-2-261.1.
21-2-261.1. (a) All voting precincts established or altered on or
after July 1,1983, shall consist of areas which are bounded on all sides
only by:
(1) Visible features which are readily distinguishable upon
the ground (such as streets, railroad tracks, streams, lakes, and
ridges) and which are indicated upon official Department of
Transportation maps; or
(2) The boundaries of counties and incorporated municipal-
ities.
(b) No later than January 1,1984, the superintendent shall move
the boundaries of all precincts so that they conform to the require-
ments of subsection (a) of this Code section and continue to promote
the convenience of electors and the public interests. The superinten-
dent shall within 30 days prior to the establishment of any new
boundaries required to conform with subsection (a) publish a notice
of such changes once a week for two weeks in the county organ and
post a conspicuous notice of such changes in at least five public and
conspicuous places in each affected precinct. At least one such notice
shall be posted at or in the immediate vicinity of the polling place in
each affected precinct. Each notice shall state the date upon which
adoption of such changes is proposed to be made and shall direct
interested persons to address their comments or questions to the
superintendent.
(c) The superintendent shall notify the board of registrars
within ten days after such changes are adopted.
GEORGIA LAWS 1982 SESSION
1515
(d) Not later than February 1, 1984, each superintendent shall
file with the Secretary of State a current copy of a map of all precincts
in the county. Thereafter the superintendent shall file with the
Secretary of State:
(1) A map reflecting any changes in precincts within 20 days
after the changes are made;
(2) A copy of any communications to or from the United
States Justice Department relating to any precincts within 20
days after such communication is sent or received;
(3) A copy of any pleading initiating a court action poten-
tially affecting any precincts within 30 days after it is filed;
(4) A copy of any court order affecting any precincts within
20 days after it is entered; and
(5) Any other documentation necessary to allow the Secre-
tary of State to maintain a current listing of all precincts in the
state.
21-2-262. (a) Upon the petition of 20 electors or of the county
executive committee of a political party to the superintendent of the
county, praying for the division or redivision of a precinct into two or
more precincts, or for the alteration of the bounds of any precinct, or
for the formation of one or more precincts out of two or more existing
precincts or parts thereof, or for the consolidation of adjoining
precincts, the superintendent shall refer such petition to the board of
registrars, which shall make a full investigation of the facts and shall
promptly report to the superintendent its findings and recommenda-
tions as to the division, redivision, alteration, formation, or consoli-
dation of the precincts prayed for. If the board of registrars shall find
that a division, redivision, alteration, formation, or consolidation of
precincts will promote the convenience of the electors and the public
interests, it shall recommend a proper division, redivision, alteration,
formation, or consolidation of precincts which conform to the require-
ments of subsection (a) of Code Section 21-2-261.1 and shall accom-
pany its report with a map, plot, or draft of the new election precinct
or precincts proposed by it. Such petitions may specify the bound-
aries desired by the petitioners and may be accompanied by a map
setting forth such boundaries.
1516
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The board of registrars may also petition the superintendent
for the division or redivision of any precinct into two or more
precincts, or for the alteration of the bounds of any precinct, or for the
formation of one or more precincts out of two or more existing
precincts or parts thereof, or for the consolidation of adjoining
precincts, accompanying its petition by a description of the proposed
new precincts and by a map, plot, or draft thereof.
(c) Upon the presentation of any such petition by the board of
registrars or upon the filing by the board of its report and recommen-
dations as to any petition presented under subsection (a) of this Code
section, the superintendent may make such order for the division,
redivision, alteration, formation, or consolidation of precincts as will,
in his opinion, promote the convenience of electors and the public
interests; provided, however, that the superintendent shall not make
any final order for the division, redivision, alteration, formation, or
consolidation of precincts until at least ten days after notice shall
have been posted in at least five public and conspicuous places in the
precinct or precincts to be affected thereby, one of which notices shall
be posted on or in the immediate vicinity of the polling place in each
such precinct. Such notice shall state briefly the division, redivision,
alteration, formation, or consolidation of precincts recommended by
the board of registrars and the date upon which the same will be
considered by the superintendent and shall contain a warning that
any person objecting thereto must file his objections with the superin-
tendent prior to such date. Upon the making of any such final order
by the superintendent, a copy thereof shall be certified by him to the
board of registrars.
(d) Any other provisions of this Code section to the contrary
notwithstanding, in all counties of this state having a population of
500,000 or more according to the United States decennial census of
1970 or any future such census, the notice of changes in precincts shall
be accomplished by sending such notices by first-class mail to the
electors affected thereby at the addresses of such electors shown on
the electors list; and such notices shall be in lieu of any other notices
required by this subsection.
(e) In any county having a population of more than 250,000
according to the United States decennial census of 1970 or any such
future census, the powers and duties conferred upon the superinten-
dent by this Code section and Code Sections 21-2-261 and 21-2-261.1
shall be exercised and performed by the governing authority of the
county.
GEORGIA LAWS 1982 SESSION
1517
21-2-263. If at the previous general election a precinct contained
more than 2,000 electors and if all those electors desiring to vote had
not completed voting one hour following the closing of the polls, the
superintendent shall reduce the size of said precinct so that it shall
contain not more than 2,000 electors in accordance with the proce-
dures prescribed by this chapter for the division, alteration, and
consolidation of precincts. For administering this Code section, the
chief manager of a precinct which contained more than 2,000 electors
at the previous general election shall submit a report thereof, under
oath, to the superintendent as to the time required for completion of
voting by all persons in line at the time the polls were closed. Any such
change in a precinct shall conform with the requirements of subsec-
tion (a) of Code Section 21-2-261.1.
21-2-264. In all cases of the division, redivision, alteration, for-
mation, or consolidation of precincts, the costs of the proceedings
shall be paid by the county. There may be appropriated to the
Secretary of State funds to be granted to counties on the basis of
population for purposes of meeting the requirements of Code Section
21-2-261.1.
Section 3. Said title is further amended by striking paragraphs
(5), (10), (22), and (23) of Code Section 21-3-2 and inserting new
paragraphs (5), (10), (22), (23), and (23.5) to read as follows:
(5) Election district is synonymous with the terms precinct
and voting precinct.
(10) Managers means the chief manager and the assistant
managers required to conduct municipal primaries and elections in
any precinct in accordance with this chapter.
(22) Poll officers means the chief manager, assistant managers,
and clerks required to conduct municipal primaries and elections in
any precinct in accordance with this chapter.
(23) Polling place means the room provided in each precinct for
voting at a municipal primary or election.
(23.5) Precinct is synonymous with the term voting precinct
and means a geographical area, established in accordance with this
chapter, within which all electors vote at one polling place.
1518
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. Said title is further amended by striking Code
Sections 21-3-160 through 21-3-163 and inserting new Code Sections
21-3-160, 21-3-161, 21-3-161.1, 21-3-162, and 21-3-163 to read as
follows:
21-3-160. Each municipal election district existing as of
December 31, 1982, shall constitute a separate precinct until and
unless changed as provided in this article. Insofar as practicable, the
precincts shall be the same as those for state and county elections.
21-3-161. (a) The governing authority of the municipality in
which precincts are located may divide or redivide any precinct into
two or more precincts of compact and contiguous territory, or alter
the bounds of any precinct, or form a precinct out of two or more
adjoining precincts or parts of precincts, or consolidate adjoining
precincts, so as to suit the convenience of the electors and to promote
the public interests.
(b) The bounds of a precinct shall not be altered on a day in
which a primary or election is held, or during the period of 60 days
prior to any general primary or election, or during the period of 30
days prior to any special primary or election. The governing authority
shall promptly notify the board of registrars of any change in the
bounds of precincts.
(c) Any precinct established or altered on or after July 1,1983,
must conform with the requirements of subsection (a) of Code
Section 21-3-161.1.
21-3-161.1. (a) All voting precincts established or altered on or
after July 1,1983, shall consist of areas which are bounded on all sides
only by:
(1) Visible features which are readily distinguishable upon
the ground (such as streets, railroad tracks, streams, lakes, and
ridges) and which are indicated upon official Department of
Transportation maps; or
(2) The boundaries of counties and incorporated municipal-
ities.
(b) No later than January 1,1984, the governing authority shall
move the boundaries of all precincts so that they conform to the
GEORGIA LAWS 1982 SESSION
1519
requirements of subsection (a) of this Code section and continue to
promote the convenience of electors and the public interests. The
governing authority shall within 30 days prior to the establishment of
any new boundaries required to conform with subsection (a) publish a
notice of such changes once a week for two weeks in the county organ
and post a conspicuous notice of such changes in at least five public
and conspicuous places in each affected precinct. At least one such
notice shall be posted at or in the immediate vicinity of the polling
place in each affected precinct. Each notice shall state the date upon
which adoption of such changes is proposed to be made and shall
direct interested persons to address their comments or questions to
the superintendent.
(c) The governing authority shall notify the board of registrars
within ten days after such changes are adopted.
(d) Not later than February 1, 1984, each governing authority
shall file with the Secretary of State a current copy of a map of all
precincts in the municipality. Thereafter the governing authority
shall file with the Secretary of State:
(1) A map reflecting any changes in precincts within 20 days
after the changes are made;
(2) A copy of any communications to or from the United
States Justice Department relating to any precincts within 20
days after such communication is sent or received;
(3) A copy of any pleading initiating a court action poten-
tially affecting any precincts within 30 days after it is filed;
(4) A copy of any court order affecting any precincts within
20 days after it is entered; and
(5) Any other documentation necessary to allow the Secre-
tary of State to maintain a current listing of all precincts in the
state.
21-3-162. In all cases of the division, redivision, alteration, for-
mation, or consolidation of precincts, the costs of the proceedings
shall be paid by the governing authority. There may be appropriated
to the Secretary of State funds to be granted to municipalities on the
basis of population for purposes of meeting the requirements of Code
Section 21-3-161.1.
1520
GENERAL ACTS AND RESOLUTIONS, VOL. I
21-3-163. The governing authority shall select and fix the polling
place within each precinct. Insofar as is practicable, the same polling
places shall be used as are used in state and county elections. Except
in case of an emergency or unavoidable event occurring within ten
days of a primary or election, which event renders any polling place
unavailable for use at such primary or election, the governing author-
ity shall not change any polling place until at least ten days after
notice of the proposed change shall have been posted on the existing
polling place and at three other places in the immediate vicinity
thereof.
Section 5. Said title is further amended by superseding and
replacing current provisions of the title with the correspondingly
numbered Code sections and parts of Code sections set out below, the
intent of this section being to replace the term election district each
time it appears in said title with the word precinct:
(1) Code Section 21-2-70, paragraphs (1) and (8):
(1) To receive and act upon all petitions presented by electors,
the board of registrars, or the county executive committee of a
political party for the division, redivision, alteration, change, or
consolidation of precincts;.
(8) To instruct poll officers and others in their duties, calling
them together in meetings whenever deemed advisable, and to
inspect systematically and thoroughly the conduct of primaries and
elections in the several precincts of his county to the end that
primaries and elections may be honestly, efficiently, and uniformly
conducted;.
(2) Code Section 21-2-90:
21-2-90. All elections and primaries shall be conducted in each
precinct by a board consisting of a chief manager, who shall be
chairman of such board, and two assistant managers assisted by
clerks. The managers of each precinct shall be appointed by the
superintendent. If the political parties involved elect to do so, they
may submit to the superintendent, for his consideration in making
such appointment, a list of qualified persons. When such lists are
submitted to him, the superintendent, insofar as practicable, shall
make his appointments so that there shall be equal representation on
such boards for the political parties involved in such elections or
GEORGIA LAWS 1982 SESSION
1521
primaries. The superintendent shall make each appointment by
entering an order which shall remain of record in his office and shall
transmit a copy of such order to the appointee. The order shall
include the name and address of the appointee, his title, and a
designation of the precinct and primary or election in which he is to
serve.
(3) Code Section 21-2-132, paragraph (3) of subsection (e):
(3) The name of his precinct;.
(4) Code Section 21-2-152:
21-2-152. Primaries shall be held and conducted in all respects
in accordance with this chapter relating to general elections and the
provisions of this chapter relating to general elections shall apply
thereto, insofar as practicable and not inconsistent with any other
provisions of this chapter. All such primaries shall be conducted in
each precinct by the poll officers, by the use of the same equipment
and facilities, so far as practicable, as are used for such general
elections.
(5) Code Section 21-2-153, paragraph (3) of subsection (e):
(3) The name of his precinct;.
(6) Code Section 21-2-217, subsection (a):
(a) The registration cards for use by persons other than absen-
tee applicants shall, after March 18, 1976, be in the following form
only, but cards existing as of that date are not required to be changed.
The form may be printed on cards or separate sheets, but for
convenience, the card or sheets of paper shall be referred to as the
registration card.
REGISTRATION CARD
Name ____________________________________________
(Printed (First) (Middle or (Maiden) (Last)
or Typed) Initial)
Precinct ________________________________________
1522
GENERAL ACTS AND RESOLUTIONS, VOL. I
Residence Address
(Town (County) (State) (ZIP Code)
or City)
Place of Birth ________________________________________
(Town (County) (State) (ZIP Code)
or City)
Date of Birth__________________________Sex
(Month) (Day) (Year)
Height______________Race_______________
Social Security No.____________________________________
(If known at the time of
application)
Mothers Maiden Name_______________________________________
Fathers Name__________________________________________
Will assistance in voting be required in the manner permitted by
Code Section 21-2-409? (Yes) (No)
Georgia,____________________County.
I do swear (or affirm) that I am a citizen of the United States,
the State of Georgia, and this county; that I am at least 18 years of
age, or will be on the______day of________________, 19__; that I
possess the qualifications of an elector required by the laws of this
state; that I am not registered to vote in any other county, or I am
registered in___________County of the State of_____________and
request cancellation of my registration; that I am not registered to
vote under any other name; that I have correctly answered the
questions appearing elsewhere on this card under the words:
Questions Propounded to Applicant; and that the information
contained on this card is true.
(Sign here)___________________________________
Sworn to (or affirmed) and subscribed before me this
_________day of_________, 19_.
(Deputy) Registrar
GEORGIA LAWS 1982 SESSION
1523
QUESTIONS PROPOUNDED TO APPLICANT
Have you ever been convicted in any court of competent
jurisdiction of treason against the state, of embezzlement of public
funds, malfeasance in office, bribery, or larceny, or of any crime
involving moral turpitude, punishable by the laws of this state
with imprisonment in the penitentiary? If so, what was the
offense, the place, and court of conviction and the approximate
date? If so, and if pardoned, what was the date of the pardon?
Board of Registrars
BY:____________________________
(The space above shall be marked approved or rejected after
the examination of the applicants qualification.)
(7) Code Section 21-2-228:
21-2-228. Any person who has registered for a general primary
or election, if otherwise qualified to vote at any special primary or
election occurring before the next November election, shall be listed
and entitled to vote at such special primary or election. At the close of
the registrars business on the fifth day, if such date is a Sunday or a
legal holiday, then on the next following business day, after the call of
such special primary or election, the registrars shall cease taking
applications from persons desiring to register to vote therein and
proceed to examine the qualifications of the applicants in the same
manner as provided in this article with reference to applicants
desiring to qualify to vote in November elections. The registrars shall
then prepare a supplemental list showing the names of additional
electors who are entitled to vote at such special primary or election,
and any person whose name appears on such list may vote at such
special primary or election, subject to the limitations prescribed in
the proviso contained in the first sentence of Code Section 21-2-235;
but the registrars shall purge such list, before filing it, of all persons
who will not be qualified to vote, in the same manner as provided with
reference to the list for a November election. A certified list so
prepared, arranged alphabetically, and divided according to precincts
1524
GENERAL ACTS AND RESOLUTIONS, VOL. I
as in the case of November election lists shall be filed with the clerk of
the superior court and the Secretary of State within ten days after the
call of such special primary or election. It shall be the duty of the
registrars upon the call of a special primary or election to purge the
list of electors prepared for the last November election of any names
subsequently disqualified for any reason and to furnish the poll
officers of such special primary or election two lists, one composed of
the names of electors entitled to vote by reason of their registration
for the last November election and the other made up of the names of
those entitled to vote by reason of their subsequent registration as
provided in Code Section 21-2-227, subject to the limitations pre-
scribed in the proviso contained in the first sentence of Code Section
21-2-235. No one shall be entitled to vote in such special primary or
election unless his name is on one of the lists furnished by the
registrars. The registrars may combine such lists. No provision of this
Code section is intended to conflict with the Constitution of Georgia
prohibiting the special registration of electors to vote in a special
election to pass upon the issuance of bonds.
(8) Code Section 21-2-234, subsection (a):
(a) Within three days after completing a list of electors as
provided for in Code Section 21-2-233, the registrars shall file with
the clerk of the superior court of their county and the Secretary of
State a certified copy of such list accompanied by their certification of
the number of electors by race in each precinct in their county. When
requested, it shall be the duty of the Secretary of State or the board of
registrars, as the case may be, to furnish a certified copy of such list,
or any part thereof, upon payment of a fee sufficient to cover the cost
of preparing such list; but in no event shall the fee exceed an amount
equal to lit for the name of each elector appearing thereon. The list
shall be alphabetically arranged by precincts and shall include
addresses and ZIP codes. No person whose name does not appear on
such list shall vote or be allowed to vote at any election, except as
otherwise provided in this article.
(9) Code Section 21-2-238:
21-2-238. All persons whose names appear on the list of electors
placed in the possession of the managers in each precinct, and no
others, shall be allowed to deposit their ballots according to law at the
precinct in which they are registered; provided, however, that nothing
in this Code section shall prevent the voting of electors in one central
GEORGIA LAWS 1982 SESSION
1525
location in the county if provisions are made in that central location
for voters to vote as they otherwise would be permitted to vote in their
respective precincts; and provided, further, that at least one polling
place shall be open in each precinct during each primary and each
election.
(10) Code Section 21-2-240, subsections (d) and (e):
(d) Any provision of this chapter to the contrary notwithstand-
ing, an elector who moves from one county to another within 30 days
prior to a primary or election may vote in the county or precinct in
which he is registered to vote.
(e) Any elector who moves to a residence within the county but
into a different precinct or who moves to a residence in the same
precinct 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 precinct 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
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 precinct and correct the list of electors accordingly. If the
elector is placed in a precinct other than the one in which he has
previously been voting, he shall be notified of his new polling place by
first-class mail.
(11) Code Section 21-2-265:
21-2-265. (a) The superintendent shall select and fix the
polling place within each precinct and may, either on his own motion
or on petition of ten electors of a precinct, change the polling place
within any precinct. Except in case of an emergency or unavoidable
event occurring within ten days of a primary or election, which
emergency or event renders any polling place unavailable for use at
such primary or election, the superintendent shall not change any
polling place until at least ten days after notice of the proposed
change shall have been posted on the existing polling place and at
three other places in the immediate vicinity thereof and until at least
five days after written notice of the proposed change shall have been
given to the occupant or owner of such polling place or his agent.
1526
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Except in case of an emergency or unavoidable event occur-
ring within ten days of a primary or election, which emergency or
event renders any polling place unavailable for use, if a petition is
presented to the superintendent on or before the day set for hearing
of the petition for change of a polling place, signed by 20 percent of
the electors of the precinct objecting to the proposed change, such
change shall not be ordered.
(c) In primaries, the superintendent in selecting and fixing the
polling place in each precinct shall select a polling place which will
provide adequate space for all parties conducting their primaries
therein.
(d) The superintendent, in selecting and fixing a polling place in
each precinct, shall select, if practicable, a polling place with suitable
and appropriate access to handicapped voters. If no such practicable
locations exist within the precinct, the superintendent may effect
temporary modifications to such existing locations as will, in his
judgment, provide more convenient and appropriate access to the
polling place by the handicapped voter. On and after July 1, 1984,
however, no polling place shall be selected or used under any circum-
stances which does not have suitable and appropriate access to the
handicapped for the purpose of voting; and on and after that date any
person, whether or not personally aggrieved, may bring an action for
mandamus to require that all polling places in the county have
suitable and appropriate access to the handicapped for the purpose of
voting.
(12) Code Section 21-2-266, subsection (b):
(b) The superintendent, in his discretion, may procure and
provide portable or movable polling facilities of adequate size for any
precinct.
(13) Code Section 21-2-267, subsection (b):
(b) The superintendent, unless otherwise provided by law, may
make such arrangements as he deems proper for the storage of
election equipment in the various precincts of the county at such
times of the year that it will not be used for election purposes and may
fix reasonable compensation therefor.
GEORGIA LAWS 1982 SESSION
1527
(14) Code Section 21-2-269:
21-2-269. If, in any precinct, no proper polling place can be
obtained, the superintendent shall cause to be constructed for such
precinct a temporary room of adequate size to be used as a polling
place.
(15) Code Section 21-2-284, subsections (a) and (e):
(a) In each primary separate official ballots shall be prepared
for the political party holding the primary. At the top of each ballot
shall be printed in prominent type the words OFFICIAL PRIMARY
BALLOT OF_________PARTY FOR, followed by the designation of the
precinct for which it is prepared and the name and date of the
primary.
(e) The ballots shall vary in form only as the names of pre-
cincts, offices, candidates, color of ballot cards, or this chapter may
require.
(16) Code Section 21-2-285, subsections (a) and (g):
(a) At the top of each ballot for an election shall be printed in
prominent type the words OFFICIAL BALLOT, followed by the
designation of the precinct for which it is prepared and the name and
date of the election.
(g) The ballots shall vary in form only as the names of pre-
cincts, offices, candidates, or this chapter may require.
(17) Code Section 21-2-286, subsection (b):
(b) All ballots for use in the same precinct at any primary or
election shall be alike and shall contain only the names of the
candidates and issues to be voted on in such precinct. They shall be at
least six inches long and four inches wide and shall have a margin
extending beyond any printing thereon. They shall be printed with
the same kind of type, which shall not be smaller than the size known
as brevier or eight point body, upon white paper of uniform quality,
without any impression or mark to distinguish one from another, and
with sufficient thickness to prevent the printed matter from showing
through, except that ballots being used in primaries held by more
than one party may be of different colors if the parties so agree. Each
1528
GENERAL ACTS AND RESOLUTIONS, VOL. I
ballot shall be attached to a name stub, and all the ballots for the
same precinct shall be bound together in books of 50 or 100, in such
manner that each ballot may be detached from its stub and removed
separately. The ballots for each party to be used at a primary shall be
bound separately. The name stubs of the ballots shall be consecu-
tively numbered and, in the case of primary ballots, the number shall
be preceded by an initial or abbreviation designating the party name.
The number and initial or abbreviation which appears upon the stub
shall also be printed in the upper portion of the front of the ballot,
separated from the remainder of the ballot by a horizontal perforated
line so as to constitute a number strip and so prepared that the upper
portion of the front of the ballot containing the number may be
detached from the ballot before it is deposited in the ballot box. The
number strip on the ballot shall also have the following words printed
thereon: Tear off before depositing ballot in ballot box.
(18) Code Section 21-2-287:
21-2-287. The form for the absentee ballot shall be in substan-
tially the same form as the official ballots used in the precincts,
except it shall be printed with only the name stub and without a
number strip.
(19) Code Section 21-2-290:
21-2-290. The superintendent shall provide, for each precinct
in which a primary or election is to be held, a number of ballots equal
to the number of registered electors.
(20) Code Section 21-2-292:
21-2-292. The superintendent shall have on file in his office
open to public inspection, at least five days prior to the day of holding
each primary and election, forms of the ballots, with the names and
such statements and notations printed thereon as may be required by
this chapter. Such forms shall be used in each precinct within the
county.
(21) Code Section 21-2-294:
21-2-294. The superintendent shall keep a record of the
number of official ballots printed and furnished to each precinct at
each primary and election and of the number of stubs, unused ballots,
and canceled ballots subsequently returned therefrom.
GEORGIA LAWS 1982 SESSION
1529
(22) Code Section 21-2-323, subsections (a) and (b):
(a) When the use of voting machines has been authorized in the
manner prescribed by Code Section 21-2-320 or 21-2-321, such voting
machines shall be installed, either simultaneously or gradually,
within the county. Upon the installation of voting machines in any
precinct, the use of paper ballots therein shall be discontinued, except
as otherwise provided by this chapter.
(b) In each precinct in which voting machines are used, the
governing authority shall provide at least one voting machine for each
500 electors, or major fraction thereof, except that at least one voting
machine shall be provided in each such precinct in any case.
(23) Code Section 21-2-235, subsection (i):
(i) In primaries, if it shall be impracticable to place on the
ballot labels of one machine the names of all candidates seeking
nomination in all political parties, the superintendent may arrange in
each precinct for the names of the candidates to be placed on separate
voting machines; provided, however, that the names of all the candi-
dates seeking nomination in any one political party shall appear on
one machine.
(24) Code Section 21-2-326:
21-2-326. If ballot labels for a precinct at which a voting
machine is to be used are not delivered to the poll officers as required
by this chapter, the chief manager of such precinct shall cause other
labels to be prepared, printed, or written, as nearly in the form of
official ballot labels as practicable; and the poll officers shall cause
the labels, so substituted, to be used at the primary or election, in the
same manner, as nearly as may be, as the official labels. Such labels,
so substituted, shall be known as unofficial ballot labels.
(25) Code Section 21-2-327, subsections (a) and (c):
(a) The superintendent of each county shall cause the proper
ballot labels to be placed on each voting machine which is to be used
in any precinct within such county, cause each machine to be placed
in proper order for voting, examine each machine before it is sent out
to a polling place, see that each registering counter on each machine is
set at zero, lock each machine so that the counting machinery cannot
1530
GENERAL ACTS AND RESOLUTIONS, VOL. I
be operated, and seal each machine with a numbered seal. The
superintendent or his agent shall adjust each machine to be used at a
primary, so that the poll officers may lock it on primary day, in such a
way that each elector can vote only for the candidates seeking
nomination by the political party in whose primary he is then voting
and so that no elector can vote for the candidates seeking nomination
by any political party in whose primary he is not then voting.
(c) On or before the twelfth day preceding a primary or elec-
tion, the superintendent shall mail to the foreman of the grand jury,
the chairman of the county executive committee of each political
party which shall be entitled under existing laws to participate in
primaries within the county, and to the chairman or presiding officer
of any organization of citizens within the county having as its purpose
or among its purposes the investigation or prosecution of primary and
election frauds, which has registered its name and address and the
names of its principal officers with the superintendent at least 30 days
before such primary or election, and, in the case of an election, to the
appropriate committee of each political body which shall be entitled
to have the names of its candidates entered on the voting machines,
and to each independent candidate who shall be entitled to have his
name printed on the voting machines, a written notice stating the
times when and the place or places where preparation of the machines
for use in the several precincts in the county will be started. The
grand jury shall appoint a committee, consisting of three of its
members, which shall inspect the machines and see that the machines
are properly prepared and are placed in proper condition and order
for use. In the event the committee of the grand jury fails to be
present, the superintendent shall immediately appoint a panel con-
sisting of three electors to perform the duties of the committee of the
grand jury set forth in this Code section. Further, one representative
of each political party or body, certified by the chairman of such
committee, and one representative of each aforementioned organiza-
tion of citizens, certified by the chairman or presiding officer of such
organization, and any such independent candidate or his certified
agent shall be entitled to be present during the preparation of the
machines and to see that the machines are properly prepared and are
placed in proper condition and order for use. Such committee of the
grand jury, representatives, or candidates shall not, however, inter-
fere with the preparation of the machines; and the superintendent
may make such reasonable rules and regulations concerning the
conduct of such representatives and candidates.
GEORGIA LAWS 1982 SESSION
1531
(26) Code Section 21-2-328, subsection (a):
(a) The superintendent shall deliver the proper voting machine
or voting machines, properly furnished with ballot labels, to the
polling places of the respective precincts at least one hour before the
time set for opening the polls at each primary or election and shall
cause each machine to be set up in the proper manner for use in
voting. Each machine shall then remain sealed until the examination
immediately preceding the opening of the polls prescribed by this
chapter.
(27) Code Section 21-2-329:
21-2-329. The superintendent shall deliver the keys which
unlock the operating mechanism and the registering counters or
counter compartment of the voting machine to the chief manager not
later than one hour before the time set for the opening of the polls and
shall take his receipt therefor. The keys shall be enclosed in a sealed
envelope on which shall be written or printed:
(1) The number of the voting machine;
(2) The designation of the precinct;
(3) The number of the seal; and
(4) The number registered on the protective counter or
device as reported by the custodian; provided, however, that, if
the type of voting machine used requires the simultaneous use
of three keys to unlock the registering counters or counter com-
partment, only two of the said keys shall be enclosed in such
sealed envelope, the third key being retained by the custodian
or the superintendent.
(28) Code Section 21-2-332:
21-2-332. In precincts in which voting machines are used, the
superintendent may, in his discretion, procure and provide portable
polling facilities of adequate size for any or all of such precincts.
(29) Code Section 21-2-352, subsections (a) and (b):
1532
GENERAL ACTS AND RESOLUTIONS, VOL. I
(a) When the use of vote recorders has been authorized in the
manner prescribed in this part, such vote recorders shall be installed,
either simultaneously or gradually, within the county. Upon the
installation of vote recorders in any precinct, the use of paper ballots
therein shall be discontinued, except as otherwise provided by this
chapter.
(b) In each precinct in which vote recorders are used, the govern-
ing authority shall provide at least one vote recorder for each 200
electors therein, or fraction thereof.
(30) Code Section 21-2-356, subsection (a):
(a) If ballot labels for a precinct at which a vote recorder is to be
used shall not be delivered to the poll officers as required by this
chapter, the chief manager of such precinct shall cause other labels to
be prepared, printed, or written, as nearly in the form of official ballot
labels as practicable; and the poll officers shall cause the labels, so
substituted, to be used at the primary or election, in the same manner,
as nearly as may be, as the official labels. Such labels, so substituted,
shall be known as unofficial ballot labels.
(31) Code Section 21-2-359, subsection (a):
(a) The superintendent of each county shall cause the proper
ballot labels to be placed on each vote recorder which is to be used in
any precinct within such county and shall cause each vote recorder to
be placed in proper order for voting.
(32) Code Section 21-2-380:
21-2-380. As used in this article, the term absentee elector
means an elector of this state who is required to be absent from his
precinct during the time of the primary or election he desires to vote
in, or who will perform any of the official acts or duties set forth in
this chapter in connection with the primary or election he desires to
vote in, or who because of physical disability will be unable to be
present at the polls on the day of such primary or election, or who,
because the election or primary falls upon a religious holiday
observed by such elector, will be unable to be present at the polls on
the day of such primary or election.
GEORGIA LAWS 1982 SESSION
1533
(33) Code Section 21-2-384, subsections (c) and (d):
(c) The oaths referred to in subsection (b) of this Code section
shall be in substantially the following form:
I, the undersigned, do swear (or affirm) that I am a citizen of
the United States and of the State of Georgia; that my residence
address is________________County, Georgia; that I possess the
qualifications of an elector required by the laws of the State of
Georgia; that I am entitled to vote in the precinct containing my
residence in the primary or election in which this ballot is to be
cast; that I am eligible to vote by absentee ballot; that I have not
marked or mailed any other absentee ballot, nor will I mark or
mail another absentee ballot for voting in such primary or elec-
tion; nor shall I vote therein in person; and that I have read and
understand the instructions accompanying this ballot; and that I
have carefully complied with such instructions in completing this
ballot.
Electors Residence
Address
Electors Place of Birth
Month and Day of
Maiden Name of Mother
Electors Birth
of Elector
Signature or Mark of
Elector
Oath of Person Assisting Elector (if any):
I, the undersigned, do swear (or affirm) that I assisted the
above-named elector in marking his absentee ballot; that I am
satisfied that he presently possesses the disability noted below;
and that by reason of such disability such elector is entitled to
receive assistance in voting under provisions of subsection (a) of
Code Section 21-2-409.
1534
GENERAL ACTS AND RESOLUTIONS, VOL. I
This, the
day of
mm
Signature of Person Assisting
Elector Relationship
Reason for assistance (Check appropriate square):
( ) Elector is unable to read the English language.
( ) Elector has following physical disability
The forms upon which such oaths are printed shall contain the
following information:
Georgia law provides, in subsection (b) of Code Section 21-2-
409, that no person shall assist more than ten electors in any
primary or election.
Georgia law further provides that any person who knowingly
falsifies information so as to vote illegally by absentee ballot or
who illegally gives or receives assistance in voting, as specified in
Code Section 21-2-579, 21-2-568, or 21-2-573, shall be guilty of a
misdemeanor.
(d) Each board of registrars shall maintain for public inspection
a master list, arranged by precincts, setting forth the name and
residence of every elector to whom an official absentee ballot has been
sent. Absentee electors whose names appear on the master list may be
challenged by any elector prior to closing of the polls on the day of the
primary or election.
(34) Code Section 21-2-386, subsections (a), (b), and (c):
(a) The board of registrars shall keep safely and unopened all
official absentee ballots received from absentee electors prior to the
closing of the polls on the day of the primary or election. Upon receipt
of each ballot, a registrar shall write the day and hour of the receipt of
the ballot on its envelope. The registrar shall then compare the
identifying information on the oath with the information on file in his
office and shall, if the information and signature appear to be valid, so
certify by signing his name below the voters oath. Each electors
GEORGIA LAWS 1982 SESSION
1535
name so certified shall be listed by the registrar on the numbered list
of absentee voters prepared for his precinct. If the elector has failed to
sign the oath, or if the signature does not appear to be valid, or if the
elector has failed to furnish required information or information so
furnished does not comply with that on file in the registrars office, or
if the elector is otherwise found disqualified to vote, the registrar shall
write across the face of the envelope Rejected, giving the reason
therefor. The board of registrars shall promptly notify the elector of
such rejection, a copy of which notification shall be retained in the
files of the board of registrars for at least one year. A special set of
numbered list of voters shall also be prepared for such rejected
absentee electors, giving the name of the elector and the reason for
the rejection in each case. Four copies of the numbered list of certified
absentee electors and the numbered list of rejected absentee electors
for each precinct shall be turned over to the poll manager in charge of
counting the absentee ballots and shall be distributed as required by
law for numbered lists of voters. All absentee ballots returned to the
board after the closing of the polls on the day of the primary or
election shall be safely kept unopened by the board for the period of
time required for the preservation of ballots used at the primary or
election and shall then, without being opened, be destroyed in like
manner as the used ballots of the primary or election.
(b) After the close of the polls on the day of the primary or
election, in precincts other than those in which vote recorders are
used, a registrar shall deliver the official absentee ballot of each
certified absentee elector, each rejected absentee ballot, applications
for such ballots, and copies of the numbered lists of certified and
rejected absentee electors to the manager in charge of the absentee
ballot precinct of the county, which shall be located in the precinct
containing the county courthouse. Such manager with two assistant
managers, appointed by the superintendent, with such clerks as the
manager deems necessary shall count the absentee ballots following
the procedures prescribed by this chapter for other ballots, insofar as
practicable, and prepare an election return for the county showing the
results of the absentee ballots cast in such county. In those precincts
in which vote recorders are used, such absentee ballots shall be taken
to the tabulation center or other place designated by the superinten-
dent, and the official receiving such absentee ballots shall issue his
receipt therefor. A manager shall then open the envelope 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 and shall count the absentee ballots for
the county in the manner as prescribed above.
1536
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Any other provision of law to the contrary notwithstanding,
if at any primary, general, or special election in any county any
question is to be voted on involving any political subdivision which
includes less than the entire county, all absentee ballots shall be
separated by precinct for counting purposes; and separate returns
shall be certified for each precinct in which absentee ballots were
cast.
(35) Code Section 21-2-388:
21-2-388. 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 precinct
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:
(1) By surrendering his absentee ballot to the poll manager
of the precinct in which his name appears on the electors list and
then being 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 appro-
priate 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;
(2) 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 precinct as
to such action so as to permit him to vote in person in his precinct.
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 Can-
celed 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
GEORGIA LAWS 1982 SESSION
1537
as provided in subsection (a) of Code Section 21-2-386 for absen-
tee ballots returned too late to be cast.
(36) Code Section 21-2-400, subsection (a):
(a) Prior to each primary and election, the superintendent shall
obtain from the Secretary of State a sufficient number of cards of
instruction for guidance of electors. Such cards of instruction shall
include such portions of this chapter as deemed necessary by the
Secretary of State and shall be printed for the type of voting used in
the county, that is, paper ballots, voting machines, or vote recorders.
The superintendent shall also obtain from the Secretary of State a
sufficient number of blank forms of oaths of poll officers, voters
certificates, notices of penalties, oaths of assisted electors, numbered
list of voters, tally sheets, return sheets, and such other forms and
supplies required by this chapter, in each precinct of the county.
(37) Code Section 21-2-401:
21-2-401. (a) The cards of instruction, return sheets, tally
sheets, oaths of poll officers, affidavits, and other forms and supplies
required for use in each precinct, and, in precincts in which ballots are
used, the official ballots prepared for use therein shall be packed by
the superintendent in separate sealed packages for each precinct,
marked on the outside so as to designate clearly the precincts for
which they are intended and, in the case of precincts in which ballots
are used, the number of ballots enclosed. They shall then be delivered
by the superintendent, together with the ballot box which shall bear
the designation of the precinct, to the managers in the several
precincts prior to the hour appointed for opening the polls. In
primaries, the parties shall decide whether to use the same ballot box
or to use separate ballot boxes. The managers of the respective
precincts shall, on delivery to them of such packages, return receipts
therefor to the superintendent, who shall keep a record of the time
when and the manner in which the several packages are delivered.
The superintendent may, in his discretion, require the managers of
the respective precincts to call at his office to obtain such packages.
(b) The registrars shall, prior to the hour appointed for opening
the polls, place in the possession of the managers in each precinct one
copy of the certified electors list for such precinct, such list to contain
all the information required by law. The list shall indicate the name of
any elector who has been mailed or delivered an absentee ballot. The
1538
GENERAL ACTS AND RESOLUTIONS, VOL. I
list for a given precinct may be divided into as many alphabetical
sections as is deemed necessary. Such list of electors shall he authen-
ticated by the signatures of at least two of the registrars. The
managers of the respective precincts shall, on delivery to them of such
electors lists, return receipts therefor to the registrars, who shall keep
a record of the time when and the manner in which the electors lists
are delivered. The registrars may, in their discretion, require the
managers of the respective precincts to call at their office to obtain
such lists.
(38) Code Section 21-2-402, subsection (b):
(b) The voters certificates shall be so prepared as to be capable
of being inserted by the poll officers in a suitable binder to be
furnished by the Secretary of State, in sufficient quantities for each
precinct, for each primary or election. The binder shall have written
thereon the words Voters Certificates and shall have a space for
filling in the designation of the precinct and the date of the primary or
election.
(39) Code Section 21-2-405, subsections (a) and (c):
(a) The required poll officers shall meet in the respective places
appointed for holding the primary or election in each precinct at least
30 minutes before the hour for opening the polls on the day of each
primary or election. Before entering upon their duties at any primary
or election, all poll officers shall take and subscribe in duplicate the
oaths required by this chapter.
(c) After the poll officers of a precinct have been organized, the
chief manager shall designate one of the assistant managers to have
custody of the electors list. In precincts in which ballots are used, the
other assistant manager shall have charge of the receipt and deposit
of ballots in the ballot box, the chief manager or one of the clerks shall
issue the ballots to electors after they are found entitled to vote, and
the other clerk shall have custody of the voters certificate binder and
shall place the voters certificates therein as they are received and
approved. In precincts in which voting machines are used, the other
assistant manager or clerk shall have custody of the voters certificate
binder and shall place the voters certificates therein as they are
received and approved, and the chief manager shall have special
charge of the operation of the voting machine; provided, however,
that the chief manager may make other arrangements for the division
GEORGIA LAWS 1982 SESSION
1539
of the duties imposed by this chapter, so long as each poll officer is
assigned some specific duty to perform. In all precincts, the chief
manager shall assign an assistant manager or a clerk to keep a
numbered list of voters, in sufficient counterparts, during the pro-
gress of the voting.
(40) Code Section 21-2-408, subsections (a) and (b):
(a) In a primary or run-off primary, each candidate entitled to
have his name placed on the primary or run-off primary ballot may
submit the name of one poll watcher for each precinct in which he
wishes to have an observer to the chairman or secretary of the
appropriate party executive committee at least 21 days prior to such
primary or 14 days prior to such run-off primary. The appropriate
party executive committee shall designate at least seven days prior to
such primary or run-off primary no more than two poll watchers for
each precinct, such poll watchers to be selected by the committee
from the list submitted by party candidates. Official poll watchers
will be given a letter signed by the party chairman and secretary
containing the following information: name of official poll watcher,
address, precinct in which he shall serve, and name and date of
primary or run-off primary.
(b) In an election or run-off election, each political party and
political body shall each be entitled to designate, at least seven days
prior to such election or run-off election, no more than two official
poll watchers to be selected by the appropriate party or body execu-
tive committee. Each independent candidate shall be entitled to
designate one poll watcher in each precinct. Each poll watcher shall
be given a letter signed by the appropriate political party or body
chairman and secretary, if a party or body designates same, or by the
independent candidate, if named by him. Such letter shall contain the
following information: name of official poll watcher, address, precinct
in which he shall serve, and date of election or run-off election.
(41) Code Section 21-2-409, subsection (b):
(b) Any elector who is entitled to receive assistance in voting
under 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 precinct 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 compart-
1540
GENERAL ACTS AND RESOLUTIONS, VOL. I
ment 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.
(42) Code Section 21-2-411:
21-2-411. The chief manager in each precinct shall return a
checked list of electors, reflecting those who voted and those who
received assistance in voting and the voters certificates to the super-
intendent, to be deposited with the registrars. The board of registrars
shall keep such voters certificates for at least 24 months and such
electors lists for at least ten years, and the same shall be available for
public inspection.
(43) Code Section 21-2-431, subsection (c):
(c) Except as provided in Code Sections 21-2-238, 21-2-240,
and 21-2-386,'no person shall vote at any primary or election at any
polling place outside the precinct in which he resides, nor shall he
vote in the precinct in which he resides unless he has been registered
as an elector and his name appears on the electors list of such
precinct.
(44) Code Section 21-2-440, subsection (a):
(a) Immediately after the vote has been counted in precincts in
which paper ballots are used, all of the general returns shall be signed
by the poll officers. If any poll officer shall refuse to sign or certify the
general returns, he shall write his reasons therefor upon the general
return sheets. One of such returns shall be immediately posted for the
information of the public outside the polling place or place of tabula-
tion, one of such returns shall be returned sealed to the superinten-
dent in an envelope prepared for the Secretary of State, and one shall
be entrusted to the chief manager for delivery to the superintendent
with the package of unused ballots and other election supplies in an
envelope provided for that purpose. The poll officer shall then replace
all the ballots cast, so counted and canvassed, in the ballot boxes,
including those declared void, spoiled, and canceled, together with
the voters certificates, one set of the tally papers, one general return
sheet, one numbered list of voters, sealed as aforesaid, and one oath of
each poll officer, and lock and seal each ballot box so that nothing can
be inserted therein until it is opened again; and the chief manager and
GEORGIA LAWS 1982 SESSION
1541
an assistant manager shall immediately deliver the ballot boxes to the
custody of the superintendent. The superintendent shall not compute
any returns from any precinct until the ballot boxes therefor, as well
as the package of unused ballots and other election supplies there-
from, are so delivered.
(45) Code Section 21-2-451, subsection (c):
(c) Except as provided in Code Sections 21-2-238 and 21-2-386,
no person shall vote at any primary or election at any polling place
outside the precinct in which he resides, nor shall he vote in the
precinct in which he resides unless he has been registered as an elector
and his name appears on the electors list of such precinct.
(46) Code Section 21-2-455, subsections (b) and (c):
(b) The vote as registered shall be entered by the poll officers,
in ink, on duplicate return sheets and also on a general return sheet
and statement, all of which, after the canvass is completed, shall be
signed by the poll officers. If any poll officer shall refuse to sign or
certify the general or duplicate return sheets or statement, he shall
write his reasons therefor upon such sheets. The vote for presidential
electors shall be computed and returned as provided in subsection (e)
of Code Section 21-2-452. If more than one voting machine is used in
any precinct, the vote registered on each machine shall be ascertained
in like manner and separately entered in appropriate spaces on the
general and duplicate return sheets and statement. The total vote
cast for each candidate and for and against each question, shall then
be computed and entered on the general and duplicate return sheets
and statement. There shall also be entered on the general return sheet
and statement the number of electors who have voted, as shown by
the numbered list of voters, electors list, and voters certificates, and
the number on each machine, as shown by the public counters. The
number registered on the protective counter or device on each
machine immediately prior to the opening of the polls and immedi-
ately after the closing thereof and sealing of the machine and the
number or other designation of each machine used shall also be
entered thereon. In the case of primaries, duplicate return sheets shall
be prepared as for other elections. The registering counters of the
voting machine or the paper proof sheets, as the case may be, shall
remain exposed to view until the said returns and all other reports
have been fully completed and checked by the poll officers. During
such time, any candidate or his representative who may desire to be
present shall be admitted to the polling place.
1542
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) The proclamation of the result of the votes cast shall be
announced distinctly and audibly by the chief manager, who shall
read the name of each candidate, the designation or designating
numbers and letters of his counters, and the vote registered on each
counter, as well as the vote cast for and against each question
submitted. During such proclamation, ample opportunity shall be
given to any person lawfully present to compare the results so
announced with the counter dials of the machine or with the paper
proof sheets, as the case may be, and any necessary corrections shall
then and there be made by the poll officers, after which the doors or
other cover of the voting machine shall be closed and locked. Any
ballots written, deposited, or affixed in or upon the voting machine
shall be enclosed in properly sealed packages and properly endorsed
and shall be delivered by the chief manager as provided in this part.
The chief manager shall promptly deliver to the superintendent or his
representative the keys of the voting machine, enclosed in a sealed
envelope, if the construction of the voting machine shall permit their
separate return. Such envelope shall have endorsed thereon a certifi-
cate of the poll officers stating the number of the machine, the
precinct where it has been used, the number on the seal, and the
number on the protective counter or device at the close of the polls.
(47) Code Section 21-2-472:
21-2-472. Upon completion of the count of write-in votes, the
manager shall prepare and sign a return, in sufficient counterparts,
showing:
(1) The number of valid ballot cards, including any that are
damaged;
(2) The number of write-in ballots voted and the tally of the
write-in votes;
(3) The number of spoiled and invalid ballot cards; and
(4) The number of unused ballot cards.
The manager shall then place one copy of the return, the voted
ballot cards, defective, spoiled, and invalid ballot cards, and write-in
ballots, each enclosed in an envelope, in the ballot card container,
which shall be sealed and signed by the manager so that it cannot be
opened without breaking the seal. The managers shall then deliver in
GEORGIA LAWS 1982 SESSION
1543
the custody of at least two poll officers the container to the tabulating
machine center or other place designated by the superintendent and
shall receive a receipt therefor. The remaining copies of the returns,
unused ballot cards, records, vote recorders, and other materials shall
be returned in the same manner as similar materials in precincts in
which voting machines and paper ballots are used.
(48) Code Section 21-2-473:
21-2-473. As soon as the polls are closed and the last elector has
voted in precincts in which vote recorders are used, the poll officers
shall:
(1) Place the voter recorders under lock or seal;
(2) Open each ballot box and count the number of ballots
cast;
(3) Examine the ballot cards and separate the write-in
ballots for later counting;
(4) Place ballot cards in the ballot container to be taken to
the tabulating machine center or centers, as designated by the
superintendent;
(5) Record in ink the designation of the polling place and a
serial number on all write-in ballots, starting with the number one,
and place the same number on the ballot card voted by the same
elector, so that write-in ballots may be identified with the corre-
sponding ballot cards;
(6) Examine each write-in vote to ascertain whether it is
valid by checking with the vote cast on the ballot card by the same
elector. If any vote cast on the write-in ballot in combination with
the vote cast for the same office on the ballot card exceeds the
allowed number for the office, the entire vote cast for that office
shall be marked void and shall not be counted. The ballot of such
elector shall be kept with the write-in ballot, on which shall be
written a notation that the vote or votes cast for the office
concerned are invalid because they exceed the number allowed by
law. The write-in ballot and the ballot card of such elector shall be
returned with the defective ballot cards to the tabulating machine
center, where, in the discretion of the superintendent, either a
1544
GENERAL ACTS AND RESOLUTIONS, VOL. I
duplicate ballot card shall be made on which any invalid vote shall
be omitted or the write-in ballot and the ballot card shall be
counted in such manner as may be prescribed by State Election
Board rules, omitting the invalid vote;
(7) After the write-in ballots have been counted and the
returns prepared, place the write-in ballots in an envelope marked
Write-in Ballots and designate the polling place and the number
of write-in ballots contained therein on such envelope, which shall
be sealed and signed by the managers and placed in the ballot
container with the other ballot cards;
(8) Place any ballot card that is so torn, bent, or mutilated
that it may not be counted by the tabulating machine in an
envelope marked Defective Ballots and place the envelope in the
container with other ballot cards; and
(9) In the event that paper ballots are used in conjunction
with ballot cards, conduct the counting of the paper ballots as
provided by this chapter.
(49) Code Section 21-2-492:
21-2-492. The superintendent shall arrange for the computa-
tion and canvassing of the returns of votes cast at each primary and
election at his office or at some other convenient public place at the
county seat with accommodations for those present insofar as space
permits. An interested candidate or his representative shall be per-
mitted to keep or check his own computation of the votes cast in the
several precincts as the returns from the same are read, as directed in
this article. The superintendent shall give at least one weeks notice
prior to the primary or election by publishing same in a conspicuous
place in the county courthouse, of the time and place when and where
he will commence and hold his sessions for the computation and
canvassing of the returns; and he shall keep copies of such notice
posted in his office during such period. The superintendent shall
procure a sufficient number of blank forms of returns made out in the
proper manner and headed as the nature of the primary or election
may require, for making out full and fair statements of all votes which
shall have been cast within the county or any district therein,
according to the returns from the several precincts thereof, for any
person voted for therein, or upon any question voted upon therein.
The assistants of the superintendent in the computation and canvass-
GEORGIA LAWS 1982 SESSION
1545
ing of the votes shall be first sworn by the superintendent to perform
their duties impartially and not to read, write, count, or certify any
return or vote in a false or fraudulent manner.
(50) Code Section 21-2-493 subsections (b), (c), (e), (g), (h), (j),
and (k):
(b) The superintendent, before computing the votes cast in any
precinct, shall compare the registration figure with the certificates
returned by the poll officers showing the number of persons who
voted in each precinct or the number of ballots cast. If, upon consider-
ation by the superintendent of the returns and certificates before him
from any precinct, it shall appear that the total vote returned for any
candidate or candidates for the same office or nomination or on any
question exceeds the number of electors in such precinct or exceeds
the total number of persons who voted in such precinct or the total
number of ballots cast therein, such excess shall be deemed a discrep-
ancy and palpable error and shall be investigated by the superinten-
dent; and no votes shall be recorded from such precinct until an
investigation shall be had. Such excess shall authorize the summoning
of the poll officers to appear immediately with any primary or
election papers in their possession. The superintendent shall then
examine all the registration and primary or election documents
whatever, relating to such precinct, in the presence of representatives
of each party, body, and interested candidate. Such examination may,
if the superintendent deems it necessary, include a recount or recan-
vass of the votes of that precinct and a report of the facts of the case to
the district attorney where such action appears to be warranted.
(c) In precincts in which paper ballots or vote recorders have
been used, the superintendent may require the production of the
ballot box and the recount of the ballots contained in such ballot box,
either generally or respecting the particular office, nomination, or
question as to which the excess exists, in the discretion of the
superintendent, and may require the correction of the returns in
accordance with the result of such recount. If the ballot box is found
to contain more ballots than there are electors registered in such
precinct, or more ballots than the number of voters who voted in such
precinct at such primary or election, the superintendent may, in his
discretion, exclude the poll of that precinct, either as to all offices,
candidates, questions, or parties and bodies, or as to any particular
offices, candidates, questions, or parties and bodies, as to which such
excess exists.
1546
GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) In precincts in which paper ballots or vote recorders have
been used, the general returns made by the poll officers from the
various precincts shall be read one after another in the usual order,
slowly and audibly, by one of the assistants who shall, in each case of a
return from a precinct in which ballots were used, read therefrom the
number of ballots issued, spoiled, canceled, and cast, respectively,
whereupon the assistant having charge of the records of the superin-
tendent showing the number of ballots furnished for each precinct,
including the number of stubs and unused ballots and spoiled and
canceled ballots returned, shall publicly announce the number of the
same respectively; and unless it appears by such number or calcula-
tions therefrom that such records and such general return corre-
spond, no further returns shall be read from the latter until all
discrepancies are explained to the satisfaction of the superinten-
dent.
(g) In precincts in which paper ballots have been used, when
the records agree with such returns regarding the number of ballots
and the number of votes recorded for each candidate, such votes for
each candidate shall be read by an assistant slowly, audibly, and in an
orderly manner from the general return which has been returned
unsealed; and the figures announced shall be compared by other
assistants with the general return which has been returned sealed.
The figures announced for all precincts shall be compared by one of
the assistants with the tally papers from the respective precincts. If
any discrepancies are discovered, the superintendent shall examine
all of the return sheets, tally papers, and other papers in his posses-
sion relating to the same precinct. If the tally papers and sealed
general return sheet agree, the unsealed general return shall be
immediately corrected to conform thereto. But in every other case the
superintendent shall immediately cause the ballot box of the precinct
to be opened and the vote therein to be recounted in the presence of
interested candidates or their representatives; and, if the recount
shall not be sufficient to correct the error, the superintendent may
summon the poll officers to appear immediately with all election
papers in their possession.
(h) In precincts in which voting machines have been used, when
the records agree with the returns regarding the number registered on
the voting machine, the votes recorded for each candidate shall be
read by an assistant slowly, audibly, and in an orderly manner from
the general return sheet which has been returned unsealed; and the
figures announced shall be compared by other assistants with the
GEORGIA LAWS 1982 SESSION
1547
duplicate return sheet which has been returned sealed. If the voting
machine is of the type equipped with mechanism for printing paper
proof sheets, such general and duplicate return sheets shall also be
compared with such proof sheets, which have been returned as
aforesaid. If any discrepancies are discovered, the superintendent
shall examine all of the return sheets, proof sheets, and other papers
in his possession relating to the same precinct. Such proof sheets shall
be deemed to be prima-facie evidence of the result of the primary or
election and to be prima facie accurate; and, if the proper proof
sheets, properly identified, shall be mutually consistent and if the
general and duplicate returns, or either of them, from such precinct
shall not correspond with such proof sheets, they shall be corrected so
as to correspond with same, in the absence of allegation of specific
fraud or error, proved to the satisfaction of the superintendent.
(j) The superintendent shall see that the votes shown by each
absentee ballot are added to the return received from the precinct of
the elector casting such ballot.
(k) As the returns from each precinct are read, computed, and
found to be correct or corrected as aforesaid, they shall be recorded on
the blanks prepared for the purpose until all the returns from the
various precincts which are entitled to be counted shall have been
duly recorded; then they shall be added together, announced, and
attested by the assistants who made and computed the entries
respectively and shall be signed by the superintendent. The consoli-
dated returns shall then be certified by the superintendent, in the
manner required by this chapter.
(51) Code Section 21-2-495, subsections (a) and (b):
(a) In precincts where paper ballots or vote recorders have been
used, the superintendent may, either of his own motion or upon
petition of any candidate or political party, order the recount of all
the ballots for a particular precinct or precincts for one or more offices
in which it shall appear that a discrepancy or error, although not
apparent, on the face of the returns, has been made. Such recount
may be held at any time prior to the certification of the consolidated
returns by the superintendent and shall be conducted under the
direction of the superintendent. Before making such recount, the
superintendent shall give notice in writing to each candidate and to
the county chairman of each party or body affected by the recount;
and each such candidate may be present in person, or by representa-
1548
GENERAL ACTS AND RESOLUTIONS, VOL. I
tive; and each such party or body may send two representatives to be
present at such recount. If upon such recount, it shall appear that the
original count by the poll officers was incorrect, such returns and all
papers being prepared by the superintendent shall be corrected
accordingly.
(b) In precincts where voting machines have been used, when-
ever it appears that there is a discrepancy in the returns recorded for
any voting machine or machines or that an error, although not
apparent on the face of the returns, exists, the superintendent shall,
either of his own motion or upon the sworn petition of three electors
of any precinct, order a recanvass of the votes shown on that particu-
lar machine or machines. Such recanvass may be conducted at any
time prior to the certification of the consolidated returns by the
superintendent. In conducting such recanvass, the superintendent
shall summon the poll officers of the precinct; and such officers, in the
presence of the superintendent, shall make a record of the number of
the seal upon the voting machine or machines and the number of the
protective counter or other device; shall make visible the registering
counters of each such machine; and, without unlocking the machine
against voting, shall recanvass the vote thereon. Before making such
recanvass, the superintendent shall give notice in writing to the
custodian of voting machines, to each candidate, and to the county
chairman of each party or body affected by the canvass; and each such
candidate may be present in person, or by representative; and each of
such parties or bodies may send two representatives to be present at
such recanvass. If, upon such recanvass, it shall be found that the
original canvass of the returns has been correctly made from the
machine and that the discrepancy still remains unaccounted for, the
superintendent, with the assistance of the custodian, in the presence
of the poll officers and the authorized candidates and representatives,
shall unlock the voting and counting mechanism of the machine and
shall proceed thoroughly to examine and test the machine to deter-
mine and reveal the true cause or causes, if any, of the discrepancy in
returns from such machine. Each counter shall be reset at zero before
it is tested, after which it shall be operated at least 100 times. After
the completion of such examination and test, the custodian shall then
and there prepare a statement, in writing, giving in detail the result of
the examination and test; and such statement shall be witnessed by
the persons present and shall be filed with the superintendent. If,
upon such recanvass, it shall appear that the original canvass of the
returns by the poll officers was incorrect, such returns and all papers
being prepared by the superintendent shall be corrected accordingly;
GEORGIA LAWS 1982 SESSION
1549
provided, however, that in the case of returns from any precinct
wherein the primary or election was held by the use of a voting
machine equipped with mechanism for printing paper proof sheets,
such proof sheets, if mutually consistent, shall be deemed to be
prima-facie evidence of the result of the primary or election and to be
prima-facie accurate; and there shall not be considered to be any
discrepancy or error in the returns from any such precinct, such as to
require a recanvass of the vote, if all available proof sheets, from the
voting machine used therein, identified to the satisfaction of the
superintendent and shown to his satisfaction to have been produced
from proper custody, shall be mutually consistent; and, if the general
and duplicate returns, or either of them, from such precincts shall not
correspond with such proof sheets, they, and all other papers being
prepared by the superintendent, shall be corrected so as to corre-
spond with the same, in the absence of allegation of specific fraud or
error proved to the satisfaction of the superintendent by the weight of
the evidence; and only in such case shall the vote of such precinct be
recanvassed under this Code section.
(52) Code Section 21-2-496, paragraph (3):
(3) One copy to be forwarded to the Secretary of State, together
with a copy of each precinct return and a copy of the numbered list of
voters of each precinct, as well as the returns and numbered list of
voters for absentee electors; and.
(53) Code Section 21-2-497, subparagraph (D) of paragraph (4):
(D) In the case of referendum elections provided for by an Act
of the General Assembly, the returns shall immediately be certified
by the authority holding such election to the Secretary of State, along
with the precinct returns and numbered list of voters for each
precinct. In addition thereto, the official citation of the Act involved
and the purpose of such election shall be sent to the Secretary of State
at the same time. The Secretary of State shall maintain a permanent
record of such certifications;.
(54) Code Section 21-2-524, subsection (c):
(c) When an error in the counting of votes is alleged as a ground
of contest, it is sufficient for the contestant to state generally that he
believes that error was committed in the counting of the votes cast for
the filling of the nomination or office in dispute, or for or against the
1550
GENERAL ACTS AND RESOLUTIONS, VOL. I
question in dispute, in one or more specified precincts; and it shall not
be necessary for the contestant to offer evidence to substantiate such
allegation. If a recount of the votes cast in any precinct or precincts
shall change the result in dispute, any aggrieved litigant may require a
recount of the votes affecting such result, which were cast in any other
precinct or precincts, by amending his pleadings and requesting such
relief.
(55) Code Section 21-2-527, subsection (c):
(c) If misconduct is complained of on the part of the poll
officers of any precinct, it shall not be held sufficient to set aside the
contested result unless the rejection of the vote of such precinct would
change such result.
(56) Code Section 21-2-572:
21-2-572. Any person who votes in more than one precinct in
the same primary or election or otherwise fraudulently votes more
than once at the same primary or election shall be guilty of a felony.
(57) Code Section 21-2-593:
21-2-593. Any law enforcement officer who:
(1) Willfully neglects or refuses to clear an avenue to the
door of any polling place which is obstructed in such a way as to
prevent electors from entering, when called upon to do so by any
poll officer or elector of the precinct;
(2) Willfully neglects or refuses to maintain order and quell
any disturbance if such arises at any polling place upon the day of
any primary or election, when called upon to do so by any poll
officer or elector of the precinct; or
(3) Willfully hinders or delays, or attempts to hinder or
delay, any poll officer in the performance of any duty under this
chapter
shall be guilty of a misdemeanor.
(58) Code Section 21-3-31, paragraph (1) of subsection (a):
GEORGIA LAWS 1982 SESSION
1551
(1) To instruct poll officers and others in their duties, calling
them together in meeting whenever deemed advisable and to inspect
systematically and thoroughly the conduct of elections in the precinct
or precincts of his municipality to the end that elections may be
honestly, efficiently, and uniformly conducted;.
(59) Code Section 21-3-32, subsections (a) and (b):
(a) All elections shall be conducted in each precinct by a board
consisting of a chief manager, who shall be chairman of such board,
and two assistant managers, assisted by clerks as provided in Code
Section 21-3-33. The managers of each precinct shall be appointed by
the governing authority.
(b) Depending upon the decision of the parties involved, prima-
ries may be conducted either jointly with one set of managers, which
shall consist of a chief manager and two assistant managers, or
partially separately with a chief manager and two assistant managers
appointed by each party for each precinct. Where a primary is
conducted jointly by two or more parties, the managers and clerks
shall be agreed upon and appointed jointly by the parties involved.
When parties elect to use separate election officials, each party
superintendent shall appoint the managers for each precinct.
(60) Code Section 21-3-91, paragraph (3) of subsection (e):
(3) The name of his precinct;.
(61) Code Section 21-3-96:
21-3-96. A political party, in nominating a candidate for public
office in a primary, shall use and provide poll officers for each polling
place in each precinct in the area wherein the electors reside who shall
elect the person to fill such public office in the next election therefor.
(62) Code Section 21-3-98, paragraph (3) of subsection (e):
(3) The name of his precinct;.
(63) Code Section 21-3-135, subsection (a):
(a) At least three days prior to the primary or election, the
registrar shall file with the city clerk a certified copy of a list
1552
GENERAL ACTS AND RESOLUTIONS, VOL. I
containing the names of all the electors found to be qualified. The list
shall be alphabetically arranged by precincts, and it shall be the list of
electors for the municipal election to be held in such year. No person
whose name does not appear on such list shall vote at such municipal
election, except as otherwise provided in this chapter.
(64) Code Section 21-3-139:
21-3-139. Only persons whose names appear on the list of
electors placed in the possession of the managers in each precinct
shall be allowed to deposit their ballots, according to law, at the
precinct, but not elsewhere, except as otherwise provided in this
chapter.
(65) Code Section 21-3-140:
21-3-140. 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 precinct or who moves to a residence in the same precinct
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 precinct 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 precinct and correct the list of electors accordingly. If the
elector is placed in a precinct other than the one in which he has
previously been voting, he shall be notified of his new polling place by
first-class mail.
(66) Code Section 21-3-164, subsection (b):
(b) The governing authority, in its discretion, may procure and
provide portable or movable polling facilities of adequate size for any
precinct.
GEORGIA LAWS 1982 SESSION
1553
(67) Code Section 21-3-183:
21-3-183. In any primary or election, the superintendent shall
cause the ballots to be printed in the form prescribed by this chapter.
He shall be responsible for the safekeeping of the same, while in his
possession or that of his agent, and shall keep a record of the number
of official ballots printed and furnished to each precinct at each
primary and election, and the number of stubs, unused ballots, and
canceled ballots subsequently returned therefrom.
(68) Code Section 21-3-184:
21-3-184. For each precinct in which a primary or election is to
be held, the superintendent shall provide a sufficient number of
ballots for use by the electors who are entitled to vote in the precinct.
(69) Code Section 21-3-185, subsections (a) and (e):
(a) In each primary, separate official ballots shall be prepared
by the political party holding the primary. At the top of each ballot
shall be printed in prominent type the words OFFICIAL PRIMARY
BALLOT OF_________PARTY FOR followed by the designation of the
precinct for which it is prepared and the name and date of the
primary.
(e) The ballots shall vary in form only as the names of pre-
cincts, offices, or candidates may require or as otherwise required by
this chapter.
(70) Code Section 21-3-187, subsections (a), (f), and (g):
(a) At the top of each ballot for an election shall be printed in
prominent type the words OFFICIAL BALLOT followed by the
designation of the precinct for which it is prepared and the name and
date of the election.
(f) The ballots shall vary in form only as the names of precincts,
offices, or candidates may require or as otherwise required by this
chapter.
(g) Any other provision of law to the contrary notwithstanding,
in the event there is no opposed candidate, then no name shall appear
on the general election or special election ballot unless a write-in
1554
GENERAL ACTS AND RESOLUTIONS, VOL. I
candidate has qualified as provided by law. Further, if there are no
opposed candidates, no eligible write-in candidates and no issues to
be submitted to the electorate within a precinct, no election shall be
conducted in that precinct.
(71) Code Section 21-3-188:
21-3-188. (a) All ballots for use in the same precinct at any
primary or election shall be alike and shall contain only the names of
the candidates and issues to be voted on in such precinct. Ballots shall
be at least six inches long and four inches wide and shall have a
margin extending beyond any printing thereon. They shall be printed
with the same kind of type (which shall not be smaller than the size
known as brevier or eight point body), upon white paper of uniform
quality, without any impression or mark to distinguish one from
another, and with sufficient thickness to prevent the printed matter
from showing through, except that ballots being used in primaries
held by more than one party may be of different colors if the parties so
agree. Each ballot shall be attached to a name stub, and all the ballots
for the same precinct shall be bound together in books of 50 or 100, in
such manner that each ballot may be detached from its stub and
removed separately. The ballots for each party to be used at a primary
shall be bound separately. The name stubs of the ballots shall be
consecutively numbered; and, in the case of primary ballots, the
number shall be preceded by an initial or abbreviation designating
the party name. The number and initial or abbreviation which
appears upon the stub shall also be printed in the upper portion of the
front of the ballot, separated from the remainder of the ballot by a
horizontal, perforated line so as to constitute a number strip, and so
prepared that the upper portion of the front of the ballot containing
the number may be detached from the ballot before it is deposited in
the ballot box. The number strip on the ballot shall also have the
following words printed thereon: Tear off before depositing ballot in
ballot box.
(b) The form for the absentee ballot shall be in substantially the
same form as the official ballots used in the precincts, except it shall
be printed with only the name stub and without a number strip.
(72) Code Section 21-3-192:
21-3-192. At least three days prior to the day of holding each
primary and election, the superintendent shall have on file in his
GEORGIA LAWS 1982 SESSION
1555
office, open to public inspection, forms of the ballots, with the names
and such statements and notations as may be required by this chapter
printed thereon, which shall be used in each precinct within the
municipality.
(73) Code Section 21-3-223, subsections (a) and (b):
(a) When the use of voting machines has been authorized in the
manner prescribed by either Code Section 21-3-220 or 21-3-221, such
voting machines shall be installed, either simultaneously or gradually,
within the municipality. Upon the installation of voting machines in
any precinct, the use of paper ballots therein shall be discontinued,
except as otherwise provided by this chapter.
(b) In each precinct in which voting machines are used, the
governing authority shall provide at least one voting machine for each
500 electors, or fraction thereof, in such precinct.
(74) Code Section 21-3-225, subsection (i):
(i) In primaries, if it shall be impracticable to place on the
ballot labels of one machine the names of all candidates seeking
nomination in all political parties, the municipal superintendent may
arrange, for each precinct, the names of the candidates on separate
voting machines; provided, however, that the names of all the candi-
dates seeking nomination in any one political party shall appear on
one machine.
(75) Code Section 21-3-226, subsection (a):
(a) If ballot labels for a precinct at which a voting machine is to
be used shall not be delivered to the poll officers as required by this
chapter, the chief manager of such precinct shall cause other labels to
be prepared, printed, or written, as nearly in the form of official ballot
labels as practicable, and the poll officers shall cause the labels, so
substituted, to be used at the primary or election, in the same manner,
as nearly as may be, as the official labels. Such labels, so substituted,
shall be known as unofficial ballot labels.
(76) Code Section 21-3-227, subsections (a) and (c):
(a) The municipal superintendent of each municipality shall
cause the proper ballot labels to be placed on each voting machine
1556 GENERAL ACTS AND RESOLUTIONS, VOL. I
which is to be used in any precinct within such municipality; shall
cause each machine to be placed in proper order for voting; shall
examine each machine before it is sent out to a polling place; shall see
that each registering counter on each machine is set at zero; shall lock
each machine so that the counting machinery cannot be operated; and
shall seal each machine with a numbered seal. The municipal superin-
tendent or his agent shall adjust each machine to be used at a
primary, so that the poll officers may lock it on primary day in such a
way that each elector can vote only for the candidates seeking
nomination by the political party in whose primary he is then voting
and so that no elector can vote for the candidates seeking nomination
by any political party in whose primary he is not then voting.
(c) On or before the twentieth day preceding a primary or
election, the municipal superintendent shall mail to the chairman of
the municipal or other appropriate executive committee of each
political party having candidates in the primary or election, and to
each candidate who shall be entitled to have his name placed on the
primary or election ballot, a written notice stating the times when and
the place or places where preparation of the machines for use in the
several precincts in the municipality will be started. Notice shall also
be placed in a newspaper of general circulation in the municipality at
least five days prior to the preparation of the machines. Interested
parties may be present and shall be afforded every facility for the
examination of all registering counters, protective counters, and
public counters of each and every voting machine. However, such
parties shall not interfere with the preparation of the machines, and
the municipal superintendent may make reasonable rules and regula-
tions governing the conduct of such interested parties.
(77) Code Section 21-3-228, subsection (a):
(a) The municipal superintendent shall deliver the proper
voting machine or machines, properly furnished with ballot labels, to
the polling places of the respective precincts at least one hour before
the time set for opening the polls at each primary or election; and he
shall cause each machine to be set up in the proper manner for use in
voting. Each machine shall then remain sealed until the examination
prescribed by Code Section 21-3-360 immediately preceding the
opening of the polls.
(78) Code Section 21-3-229, paragraph (2):
GEORGIA LAWS 1982 SESSION
1557
(2) The designation of the precinct;.
(79) Code Section 21-3-252, subsections (a) and (b):
(a) When the use of vote recorders has been authorized in the
manner prescribed in Code Section 21-3-251, such vote recorders
shall be installed, either simultaneously or gradually, within the
municipality. Upon the installation of vote recorders in any precinct,
the use of paper ballots therein shall be discontinued, except as
otherwise provided by this chapter.
(b) In each precinct in which vote recorders are used, the govern-
ing authority shall provide at least one vote recorder for each 200
electors, or fraction thereof, in such precinct.
(80) Code Section 21-3-255, subsection (a):
(a) If ballot labels for a precinct at which a vote recorder is to be
used shall not be delivered to the poll officers as required by this
chapter, the chief manager of such precinct shall cause other labels to
be prepared, printed, or written, as nearly in the form of official ballot
labels as practicable, and the poll officers shall cause the labels, so
substituted, to be used at the primary or election, in the same manner,
as nearly as may be, as the official labels. Such labels, so substituted,
shall be known as unofficial ballot labels.
(81) Code Section 21-3-257, subsection (a):
(a) The municipal superintendent of each municipality shall
cause the proper ballot labels to be placed on each vote recorder
which is to be used in any precinct within such municipality and shall
cause each vote recorder to be placed in proper order for voting.
(82) Code Section 21-3-284, subsections (d) and (e):
(d) The oaths referred to in subsection (c) of this Code section
shall be in substantially the following form:
I, the undersigned, do swear (or affirm) that I am a
citizen of the United States and of the State of Georgia: that my
residence address is__________City,__________ County, Georgia;
that I possess the qualifications of an elector required by the laws
1558
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the State of Georgia; that I am entitled to vote in the precinct
containing my residence in the primary or election in which this
ballot is to be cast; that I am eligible to vote by absentee ballot;
that I have not marked or mailed any other absentee ballot; nor
will I mark or mail another absentee ballot for voting in such
primary or election, nor shall I vote there in person; and that I
have read and understand the instructions accompanying this
ballot and that I have carefully complied with such instructions in
completing this ballot.
Electors Residence
Address
Month and Day of
Electors Birth
Electors Place of
Birth
Maiden Name of
Mother of Elector
Signature or Mark
of Elector
Oath of Person Assisting Elector (if any):
I, the undersigned, do swear (or affirm) that I assisted the
above-named elector in marking his absentee ballot, that I am
satisfied that he presently possesses the disability noted below,
and that by reason of such disability such elector is entitled to
receive assistance in voting under provisions of subsection (a) of
Code Section 21-3-318.
This, the_____________day of______________, 19---
Signature of Person Assisting
ElectorRelationship
GEORGIA LAWS 1982 SESSION
1559
Reason for assistance (check appropriate square):
( ) Elector is unable to read the English language.
( ) Elector has the following physical disability
The forms upon which such oath are printed shall contain the
following language:
Georgia law provides that no person shall assist more than ten
electors in any primary or election. (Subsection (c) of Code
Section 21-3-318).
Georgia law further provides that any person violating this
chapter shall be guilty of a misdemeanor.
(e) Each absentee ballot clerk shall maintain for public inspec-
tion a master list, arranged by precincts, setting forth the name and
residence of every elector to whom an official absentee ballot has been
sent.
(83) Code Section 21-3-286, subsection (a):
(a) The absentee ballot clerk shall keep safely and unopened all
official absentee ballots received from absentee electors prior to the
closing of the polls on the day of the primary or election. Upon receipt
of each ballot, the absentee ballot clerk shall write the day and hour of
the receipt of the ballot on its envelope. The clerk shall then compare
the identifying information on the oath with the information on file in
his office and shall, if the information and signature appear to be
valid, so certify by signing his name below the electors oath. Each
electors name so certified shall be listed by the absentee ballot clerk
on a numbered list of absentee voters prepared for his precinct. If the
elector has failed to sign the oath, or if his signature does not appear
to be valid, or if the information so furnished does not comply with
that on file in the registrars office, or if the elector is otherwise found
disqualified to vote, the absentee ballot clerk shall write across the
face of the envelope Rejected, giving the reason therefor. The
absentee ballot clerk shall promptly notify the elector of such rejec-
tion; and a special set of numbered lists of voters shall also be
prepared for rejected absentee electors, giving the name of the elector
and the reason for the rejection in each case. Four copies of the
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GENERAL ACTS AND RESOLUTIONS, VOL. I
numbered list of certified absentee electors and the numbered list of
rejected absentee electors for each precinct shall be turned over to the
poll manager in charge of counting the absentee ballots and shall be
distributed as required by law for the numbered lists of voters. All
absentee ballots received by the absentee ballot clerk after the closing
of the polls on the day of the primary or election shall not be certified
or counted; shall be kept safely unopened by the clerk for the period
of time required for the preservation of ballots used at the primary or
election; and they shall then, without being opened, be destroyed in
like manner as the used ballots of the primary or election.
(84) Code Section 21-3-288:
21-3-288. 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 precinct
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:
(1) By surrendering his absentee ballot to the poll manager
of the precinct in which his name appears on the electors list and
then being 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 the same. He shall also make
appropriate notations beside the name of the elector on the list of
electors. All such canceled absentee ballots shall be returned with
other ballots to the superintendent;
(2) By appearing in person before the absentee ballot clerk
and requesting in writing that the envelope containing his absen-
tee 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 precinct
as to such action so as to permit him to vote in person in his
precinct. 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
GEORGIA LAWS 1982 SESSION
1561
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 21-3-286 provides
for absentee ballots returned too late to be cast.
(85) Code Section 21-3-310:
21-3-310. (a) Prior to each primary and election, the superin-
tendent shall have printed instruction cards which shall contain full
instructions for the guidance of electors. The superintendent shall
also have printed and furnish blank forms of oaths of poll officers,
tally sheets, return sheets, and other forms and supplies required by
this chapter for use in each precinct of the municipality. All such
forms shall have printed thereon appropriate instructions.
(b) The cards of instruction, return sheets, tally sheets, oaths of
poll officers, and other forms and supplies required for use in each
precinct and, in precincts in which ballots are used, the official ballots
prepared for use therein, shall be packed by the superintendent in
separate, sealed packages for each precinct, marked on the outside so
as to designate clearly the precincts for which they are intended and,
in the case of precincts in which ballots are used, the number of
ballots enclosed. They shall then be delivered by the superintendent,
together with the ballot box which shall bear the designation of the
precinct, to the managers in the several precincts prior to the hour
appointed for opening the polls. In primaries, the parties shall decide
whether to use the same ballot box or to use separate ballot boxes.
The managers of the respective precincts shall, on delivery to them of
such packages, return receipts therefor to the superintendent, who
shall keep a record of the time when and the manner in which the
several packages are delivered. The superintendent may, in his dis-
cretion, require the managers of the respective precincts to call at his
office to obtain such packages.
(86) Code Section 21-3-311, subsection (b):
(b) The voters certificates shall be so prepared as to be capable
of being inserted by the poll officers in a suitable binder. The binder
shall have written thereon the words Voters Certificates and shall
have a space for filling in the designation of the precinct and the date
of the primary or election.
1562
GENERAL ACTS AND RESOLUTIONS, VOL. I
(87) Code Section 21-3-312:
21-3-312. The registrars shall, prior to the hour appointed for
opening the polls, place in the possession of the managers in each
precinct one copy of the certified electors list for such precinct, such
list to contain all the information required by law. The list shall
indicate the name of any elector who has been mailed or delivered an
absentee ballot. The list for a given precinct may be divided into as
many alphabetical sections as is deemed necessary. Such list of
electors shall be authenticated by the signature of the chief registrar
and at least one other registrar if more than one registrar has been
appointed by the governing authority. In a primary, where the parties
do not agree to have only one set of managers for a precinct, the
electors list shall be delivered to the chief manager of the political
party which polled the highest number of votes in the precinct in the
immediately preceding election of the presiding officer of the govern-
ing authority. The managers of the respective precincts shall, on
delivery to them of such electors lists, return receipts therefor to the
registrars, who shall keep a record of the time when and the manner in
which the electors lists are delivered. The registrars may, in their
discretion, require the managers of the respective precincts to call at
their office to obtain such lists.
(88) Code Section 21-3-314, subsections (a) and (c):
(a) The required poll officers shall meet in the respective places
appointed for holding the primary or election in each precinct at least
30 minutes before the hour for opening the polls on the day of each
primary or election. Before entering upon their duties at any primary
or election, all poll officers shall take and subscribe in duplicate the
oaths required by this chapter.
(c) After the poll officers of a precinct have been organized, the
chief manager shall assign duties to the assistant managers and
clerks. In primaries being held with separate precinct managers, the
chief managers appointed by each party shall jointly appoint the
person or persons to be in charge of the electors list.
(89) Code Section 21-3-317, subsections (a) and (b):
(a) In a primary or run-off primary, each candidate entitled to
have his name placed on the primary or run-off primary ballot may
submit the name of one poll watcher for each precinct in which he
GEORGIA LAWS 1982 SESSION
1563
wishes an observer, to the chairman or secretary of the municipal or
other appropriate party executive committee at least 21 days prior to
such primary or 14 days prior to such run-off primary. The municipal
or other appropriate party executive committee shall designate, at
least seven days prior to such primary or run-off primary, no more
than two poll watchers for each precinct, such poll watchers to be
selected by the committee from the lists as submitted by party
candidates. Official poll watchers will be given a letter signed by the
party chairman and secretary containing the following information:
name of official poll watcher, address, precinct in which he shall
serve, and name and date of primary or run-off primary.
(b) In an election or run-off election, each political party and
political body shall each be entitled to designate, at least seven days
prior to such election or run-off election, no more than two official
poll watchers, to be selected by the appropriate party or body
executive committee. Each independent candidate shall be entitled to
designate one poll watcher in each precinct. Each poll watcher shall
be given a letter signed by the appropriate political party or body
chairman and secretary, if a party or body designates same, or by the
independent candidate, if named by him. Such letter shall contain the
following information: name of official poll watcher, address, precinct
in which he shall serve, and date of election or run-off election.
(90) Code Section 21-3-318, subsection (c):
(c) Any elector who is entitled to receive assistance in voting
under 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 precinct 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 compart-
ment 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.
(91) Code Section 21-3-323:
21-3-323. Except as provided in Code Section 21-3-140 and
Article 10 of this chapter, no person shall vote at any primary or
election in any polling place outside the precinct in which he resides,
1564
GENERAL ACTS AND RESOLUTIONS, VOL. I
nor shall he vote in the precinct in which he resides unless he has been
registered as an elector and his name appears on the electors list of
such precinct.
(92) Code Section 21-3-365, subsection (c):
(c) The proclamation of the result of the votes cast shall be
announced distinctly and audibly by a poll officer who shall read the
name of each candidate, the designation or designating number and
letters of his counters, the vote registered on each counter, and the
vote cast for and against each question submitted. After any neces-
sary corrections shall have been made by poll officers, the doors or
other cover of the voting machine shall be closed and locked. The
chief manager shall promptly deliver to the superintendent or his
representative the keys of the voting machine, enclosed in a sealed
envelope, if the construction of the voting machine shall permit their
separate return. Such envelope shall have endorsed thereon a certifi-
cate of the poll officers stating the number of the machine, the
precinct where it has been used, the number on the seal, and the
number on the protective counter or device at the close of the polls.
(93) Code Section 21-3-382:
21-3-382. As soon as the polls are closed and the last elector has
voted in precincts in which vote recorders are used, the poll officers
shall:
(1) Place the vote recorders under lock or seal;
(2) Count and record on return sheets, in ink, in triplicate,
the number of persons voting as shown on the numbered list of
voters; the number of ballots unused; the number of ballots issued
to electors as shown by the stubs; and the number of ballots
spoiled and returned by electors and canceled; and if any differ-
ences exist they shall be reconciled, if possible; otherwise they
shall be noted on the returns;
(3) As soon as all votes are accounted for, seal the unused
and void, spoiled, or canceled ballots in separate envelopes with
the number noted on the outside;
(4) Open each ballot box and count the number of ballots
cast;
GEORGIA LAWS 1982 SESSION
1565
(5) Examine the ballot cards and separate the write-in
ballots for later counting;
(6) Place ballot cards in the ballot container to be taken to
the tabulating machine center or centers as designated by the
superintendent;
(7) Record in ink the designation of the polling place and a
serial number on all write-in ballots, starting with the number one,
and place the same number on the ballot card voted by the same
elector so that write-in ballots may be identified with the corre-
sponding ballot cards;
(8) Examine each write-in vote to ascertain whether it is
valid by checking with the vote cast on the ballot card by the same
elector; and if any vote cast on the write-in ballot, in combination
with the vote cast for the same office on the ballot card, exceeds
the allowed number for the office, the entire vote cast for that
office shall be marked void and shall not be counted; and the
ballot card of such elector shall be kept with the write-in ballot on
which shall be written a notation that the vote or votes cast for the
office concerned are invalid because they exceed the number
allowed by law; and the write-in ballot and the ballot card of such
elector shall be returned with the defective ballot cards to the
tabulating center, where, in the discretion of the superintendent,
either:
(A) A duplicate ballot card shall be made on
which any invalid vote shall be omitted; or
(B) The write-in ballot and the ballot card shall
be counted in such manner as may be prescribed by State
Election Board rules, omitting the invalid vote;
(9) After the write-in ballots have been counted and the
returns prepared, place the write-in ballots in an envelope marked
Write-in Ballots and designate the polling place and the number
of write-in ballots contained therein on such envelope, which shall
be sealed and signed by the managers and placed in the ballot
container with the other ballot cards;
(10) Place any ballot card that is so torn, bent, or mutilated
that it may not be counted by the tabulating machine in an
1566
GENERAL ACTS AND RESOLUTIONS, VOL. I
envelope marked Defective Ballots and place the envelope in the
container with other ballot cards; and
(11) In the event that paper ballots are used in conjunction
with ballot cards, conduct the counting of the paper ballots as
provided by this chapter.
(94) Code Section 21-3-402:
21-3-402. The superintendent shall arrange for the computa-
tion and canvassing of the returns of votes cast at each primary and
election at his office or at some other convenient public place in the
municipality. An interested candidate or his representative shall be
permitted to keep or check his own computation of the votes cast in
the several precincts as the returns from the same are read. The
superintendent shall give at least one weeks notice prior to the
primary or election by posting in a conspicuous place in the city hall a
notice giving the time and place when and where he will commence
and hold his sessions for the computation and canvassing of the
returns; and he shall keep copies of such notice posted in his office
during such period. Any persons assisting the superintendent in the
computation and canvassing of the votes shall be first sworn by the
superintendent to perform their duties impartially and not to read,
write, count, or certify any return or vote in a false or fraudulent
manner.
(95) Code Section 21-3-403, subsections (b), (c), and (d):
(b) Before computing the votes cast in any precinct, the super-
intendent shall compare the registration figure with the certificates
returned by the poll officers showing the number of persons who
voted in each precinct or the number of ballots cast. It shall be the
responsibility of the superintendent to record the number of votes
cast, unused ballots, spoiled ballots, canceled ballots, and ballot
stubs. If there is any dispute or error, it shall also be his responsibility
to investigate and to make a determination as to the validity of the
votes cast. Such investigation shall be made in the presence of a
representative of each party, body, and candidate interested. The
superintendent shall make a report of the facts of the case to the
district attorney where such action appears to be warranted.
(c) If discrepancies are discovered in any precinct and they
cannot be corrected by investigation of the return sheets, tally sheets,
GEORGIA LAWS 1982 SESSION
1567
voting machine proof sheets, computer tabulation sheets, or other
papers of the precinct, the superintendent may order a recount of the
votes cast for that precinct. Such recount shall be in the presence of
interested candidates or their representatives; and if the recount shall
not be sufficient to correct the error, the superintendent may
summon the poll officers to appear immediately with all election
papers in their possession. In precincts using voting machines, such
recount or recanvass shall comply with the procedures set forth in
Code Section 21-2-493.
(d) When the returns from the various precincts which are
entitled to be counted shall have been duly recorded, they shall be
added together and the absentee votes and write-in votes shall be
added to that sum. The results shall then be announced and attested
by the assistants who made and computed the entries, respectively,
and shall be signed by the superintendent. Immediately after the
completion of the computation of votes, the superintendent shall
certify the returns so computed in the manner required by this
chapter.
(96) Code Section 21-4-12, subsection (e):
(e) It shall be the duty of the appropriate official authorized by
law to conduct elections to hold and conduct the recall election and to
declare and certify the results. The ballot for the recall election shall
state the name and office of the person whose recall has been
petitioned, and the ballot shall be in the form prescribed by law for
state, county, or municipal officers. The ballot shall have written or
printed thereon the following:
*( ) YES Shall (name of officer holder), (name
( ) NO of office), be recalled and removed
from public office?
If more than one public officer is subject to a recall election in the
same precinct, the election superintendent may prepare a recall ballot
so as to include on a single ballot separate recall questions for each of
the officers sought to be recalled.
1568
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 6. In the event of any conflict between the provisions of
Section 5 of this Act and any other Act of the 1982 General Assembly,
such other Act shall govern over the provisions of Section 5 of this
Act.
Section 7. This Act shall become effective on January 1,1983.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
SUPERIOR COURT JUDGES RETIREMENT
SYSTEM ACT AMENDED.
Code Title 47, Chapter 9 Amended.
No. 1446 (Senate Bill No. 78).
AN ACT
To amend Chapter 9 of Title 47 of the Official Code of Georgia
Annotated, known as the Superior Court Judges Retirement System,
so as to change the provisions relative to employer contributions; to
change the provisions relative to senior judges; to change the provi-
sions relative to benefits; to change the provisions relative to spouses
benefits; to provide that members may elect to become eligible for
certain postretirement benefit adjustments; to authorize, but not
require, counties to supplement 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:
Section 1. Chapter 9 of Title 47 of the Official Code of Georgia
Annotated, known as the Superior Court Judges Retirement System,
is amended by striking subsection (a) of Code Section 47-9-42 in its
GEORGIA LAWS 1982 SESSION
1569
entirety and substituting in lieu thereof a new subsection (a) to read
as follows:
(a) The basis for employee contributions to the fund shall be
the salaries from state funds provided by law for judges of the
superior courts. The Department of Administrative Services is
authorized and directed to deduct 7 1/2 percent monthly from the
salary of each judge of the superior courts who is a member of the
retirement system to cover the employee contributions to the fund.
The Department of Administrative Services is also authorized to
make an additional deduction from such salaries to cover any
required employee tax for social security coverage. The Department
of Administrative Services is authorized and directed to pay, from the
funds appropriated or otherwise available for the operation of the
superior courts of the state, any required employer contribution for
social security coverage on such judges. From funds appropriated or
otherwise available for the operation of superior courts, the Depart-
ment of Administrative Services is authorized and directed to pay
into the fund the employer contributions, including contributions to
fund any creditable service authorized by this chapter, which,
together with employee contributions and the earnings of the fund,
shall be an amount sufficient to fund the service and disability
retirement benefits and the spouses benefits under this chapter.
Section 2. Said chapter is further amended by striking subsec-
tion (a) of Code Section 47-9-60, which reads as follows:
(a) There is created the office of senior judge of the superior
courts; and any judge of the superior courts who retires pursuant to
this chapter shall be a senior judge of the superior courts beginning 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 wbo was
a member of this retirement fund ceased to hold office as a superior
court judge prior to attaining early retirement age, such former
superior court judge shall be a senior judge effective on July 1,1981,
notwithstanding the age of such former superior court judge on such
date if such former superior court judge had 16 years of creditable
service under this chapter 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 chapter until such time as such senior
judge attains early retirement age.,
1570
GENERAL ACTS AND RESOLUTIONS, VOL. I
in its entirety and substituting in lieu thereof new subsections (a) and
(b) to read as follows:
(a) The office of senior judge of the superior courts is created,
and judges of the superior courts or former judges of the superior
courts may become senior judges as follows:
(1) Any judge of the superior courts who retires pursuant to
this chapter may become a senior judge beginning on the effective
date of the judges retirement;
(2) Any former judge of the superior courts who was a
member of the retirement fund created by this chapter and who
ceased holding office as a superior court judge prior to attaining
early retirement age and who had 16 years of creditable service
under this chapter at the time of ceasing to hold office as a
superior court judge may become a senior judge, but no such
senior judge shall be eligible to receive retirement benefits under
this chapter until such senior judge attains early retirement age;
and
(3) Any judge of the superior courts, whether or not said
judge is a member of the retirement system created by this
chapter, who ceases holding office as a judge of the superior courts
and who has at least ten years of service as a judge of the superior
courts at the time of ceasing to hold office and who is not eligible
for appointment to the office of senior judge under any other law
of this state may become a senior judge, but no such senior judge
shall receive retirement benefits under this chapter unless such
judge was a member of the retirement system created by this
chapter and, in that event, such senior judge may not receive
retirement benefits under this chapter until attaining early retire-
ment age.
(b) No senior judge of the superior courts shall be eligible for
election or appointment to any other office of this state and may not
practice law. Any judge of the superior courts who ceases to hold
office and who would be eligible for appointment as senior judge
under any provision of this Code section may decline such appoint-
ment and practice law or accept appointment or election to other
office. No such former judge who declines such appointment shall be
eligible to receive any benefits under this chapter until such former
judge accepts appointment as senior judge and attains early retire-
GEORGIA LAWS 1982 SESSION
1571
ment age, if not eligible for retirement at the time of accepting
appointment as senior judge. Any such former judge who has
declined appointment as senior judge may at any time accept
appointment as senior judge, but at the time of accepting such
appointment, the former judge must cease practicing law and resign
from any other office, if holding another office at the time of accept-
ing such appointment. Any former superior court judge who is
eligible therefor may become a senior judge at any time by making
application to the Governor for appointment as a senior judge.
Section 3. Said chapter is further amended by striking subsec-
tion (b) of Code Section 47-9-60 in its entirety and substituting in lieu
thereof a new subsection to be designated subsection (c) to read as
follows:
(c) 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 the senior judges consent, either as an additional or
substitute judge. Such senior judges shall be compensated, in addi-
tion to the retirement pay provided for in this chapter, when applica-
ble, in the amount of $100.00 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 Assembly and shall
receive mileage at the same rate as other state employees for such
services. Such compensation, expenses, and mileage shall be paid
from state funds appropriated or otherwise available for the opera-
tion of the superior courts, upon a certificate by the judge as to the
number of days served or the expenses and mileage. Such compensa-
tion shall not affect, diminish, or otherwise impair the payment or
receipt of any retirement or pension benefits, when applicable, of
such judge.
Section 4. Said chapter is further amended by redesignating
subsection (c) of Code Section 47-9-70 as subsection (d) thereof and
by striking subsection (b) of Code Section 47-9-70, which reads as
follows:
(b) The maximum retirement benefits shall be based on 16
years of creditable service and the attainment of age 65. After
completing such years of service and upon attaining age 65, a judge of
the superior courts shall be entitled to retire and receive a monthly
1572
GENERAL ACTS AND RESOLUTIONS, VOL. I
retirement benefit equal to two-thirds of the monthly state salary
being paid to superior court judges (1) at the time of retirement, for a
judge with less than 16 years of creditable service, or (2) at the time of
completion of 16 years of creditable service, for a judge with 16 or
more years of creditable service. After obtaining 16 years of credit-
able service, a member shall cease making employee contributions to
the fund.,
in its entirety and substituting in lieu thereof new subsections (b) and
(c) to read as follows:
(b) The right of a member to receive benefits under this
chapter shall vest after the member obtains ten years of creditable
service, but the maximum monthly retirement benefit under this
chapter shall be two-thirds of the state salary paid to superior court
judges at the time of retirement, except as otherwise provided by
subsection (c) of this Code section, and such maximum benefit shall
be based on obtaining 16 years of creditable service and the attain-
ment of age 65. A member who has at least ten years of creditable
service but less than 16 and who is at least 60 years of age, but less
than 65, may retire at a reduced benefit pursuant to Code Section 47-
9-71 of this chapter. Any member obtaining 16 years of creditable
service on or after November 1, 1982, who continues to serve as a
superior court judge shall continue to make employee contributions
to the fund until the members retirement.
(c) Any former superior court judge receiving a retirement bene-
fit on November 1,1982, pursuant to this chapter who had more than
16 years of creditable service at the time of retirement and whose
retirement benefit was computed on the basis of the state salary of
superior court judges being paid at the time the member obtained 16
years of creditable service shall have the option of paying employee
contributions, plus interest thereon at the rate of 6 percent per
annum, for service rendered as a superior court judge from the time 16
years of creditable service was obtained until the time of retirement,
based on the state salary received by the former superior court judge
at the time the service was rendered; and any such former judge
exercising said option shall begin receiving a retirement benefit based
on the state salary which was being paid to superior court judges at
the time of the former judges retirement. Any member serving as a
superior court judge on November 1, 1982, who has more than 16
years of creditable service and who ceased making contributions to
the fund upon obtaining 16 years of creditable service shall have the
GEORGIA LAWS 1982 SESSION
1573
option to receive, upon retirement, a retirement benefit based on the
state salary paid to superior court judges at the time the member
obtained 16 years of creditable service or of paying the employee
contributions, plus interest thereon of the rate of 6 percent per
annum, that would have been paid had the member continued to
make employee contributions after obtaining 16 years of creditable
service and employee contributions for continuing service as a supe-
rior court judge, in which event the member shall receive a retirement
benefit based on the state salary paid to superior court judges at the
time of retirement. The options provided for by this subsection may
be exercised by sending written notice to the board of trustees and the
payment of the additional employee contributions, plus interest
thereon, required by this subsection upon receiving a certification
from the board of trustees of the amount of such contribution and
interest.
Section 5. Said chapter is further amended by striking Code
Section 47-9-71 in its entirety and substituting in lieu thereof a new
Code Section 47-9-71 to read as follows:
47-9-71. (a) In lieu of retirement at the maximum benefits
provided by subsection (b) of Code Section 47-9-70, a member may
retire at any time after attaining age 60 and after obtaining a
minimum of ten years of creditable service. The monthly retirement
benefit for such early retirement shall be a percentage of the maxi-
mum retirement benefits provided by subsection (b) of Code Section
47-9-70. The percentage shall be the proportion which the number of
actual years of service as a superior court judge bears to 16. In no
event shall the benefits under this subsection exceed 75 percent of the
maximum retirement benefits provided in subsection (b) of Code
Section 47-9-70.
(b) For any judge of the superior courts becoming a member of
this retirement system on or after November 1, 1982, and for any
member of the retirement system in service on November 1, 1982,
who benefits thereby, the monthly retirement benefit for early retire-
ment shall be a percentage of the maximum benefit under subsection
(b) of Code Section 47-9-70, and such percentage shall be the propor-
tion which the number of years of actual service as a superior court
judge bears to 16, but the benefit derived from such computation
shall be reduced by one-fourth of 1 percent for each month less than
16 years of actual service as a superior court judge or by one-fourth of
1 percent for each month the member lacks being 65 years of age,
1574
GENERAL ACTS AND RESOLUTIONS, VOL. I
whichever reduction is greater. Any member of the retirement system
in service on November 1,1982, whose early retirement benefit is less
under this subsection than under subsection (a) of this Code section
shall be entitled to computation of early retirement benefits under
said subsection (a).
(c) A member may retire pursuant to subsection (b) or (c) of
Code Section 47-9-70 or pursuant to subsection (a) or (b) of this Code
section by making written application to the board setting forth at
what time, not less than 30 days nor more than 90 days subsequent to
the filing of such application, he desires to be retired.
Section 6. Said chapter is further amended by striking Code
Section 47-9-72 in its entirety and substituting in lieu thereof a new
Code Section 47-9-72 to read as follows:
47-9-72. After obtaining a minimum of four years of creditable
service, any member who becomes totally and permanently disabled
to the extent that he is unable to perform the duties of his office shall
be entitled to receive a disability retirement benefit which shall be
one-half of the maximum retirement benefits provided by subsection
(b) of Code Section 47-9-70, unless the member would qualify for
greater benefits under subsection (a) or (b) of Code Section 47-9-71,
in which event that subsection would apply. The disability of any
member applying for disability retirement benefits shall be deter-
mined by the board in the same manner and under the same proce-
dure as disability of state employees is determined in accordance with
the applicable provisions of the Employees Retirement System of
Georgia. Disability retirement benefits shall become payable within
30 days after such disability is determined by the board.
Section 7. Said chapter is further amended by adding at the end
of Code Section 47-9-73 a new subsection (k) to read as follows:
(k) Any member of this retirement system who has elected or
who hereafter elects spouses benefit coverage under this Code section
or any superior court judge who has elected or who hereafter elects
spouses benefit coverage under Code Section 47-9-74 of this chapter
shall have the option to pay 2 3/4 percent of the state salary paid to
such judge for such coverage rather than 2 1/2 percent of the state
salary paid to such judge as provided in subsection (a) of this Code
section; and the surviving spouse of any member or superior court
judge exercising said option shall be entitled to receive the spouses
GEORGIA LAWS 1982 SESSION
1575
benefit specified by subsection (b) of this Code section for life, rather
than for life or until remarriage as provided by said subsection (b). A
member or a superior court judge who has previously elected spouses
benefit coverage under this Code section or Code Section 47-9-74
wishing to exercise the option provided for by this subsection shall be
required to pay for all purposes under this Code section an additional
one-fourth of 1 percent of the state salary, plus interest thereon at the
rate of 6 percent per annum, paid to such judge as if this Code section
had specified 2 3/4 percent rather than 2 1/2 percent of the state
salary paid to such judge at the time the member or superior court
judge first obtained spouses benefit coverage. A member or a superior
court judge who has previously elected spouses benefit coverage may
exercise the option provided for by this subsection by sending written
notice to the board of trustees and the payment of the additional
employee contributions required by this subsection. Any member or
superior court judge hereafter electing spouses benefit coverage who
wishes to exercise the option provided for by this subsection shall
send written notice to the board of trustees and shall pay 2 3/4
percent of the state salary paid to such judge for all purposes under
this Code section rather than 2 1/2 percent as specified by subsection
(a) of this Code section.
Section 8. Said chapter is further amended by adding immedi-
ately following Code Section 47-9-75 two new Code Sections 47-9-76
and 47-9-77 to read as follows:
47-9-76. (a) A member of the retirement system in office on
November 1,1982, may elect to pay an additional 1 percent employee
contribution computed on the same basis as provided in subsection
(a) of Code Section 47-9-42 and become eligible for postretirement
cost-of-living benefit adjustments as provided in this Code section.
Any such member must make the election on or before January 1,
1983. Any member failing to make the election by that date shall not
at any time thereafter be subject to the provisions of this Code
section. Any person becoming a member of the retirement system
after November 1,1982, shall have 60 days from the date of becoming
a member to elect to pay the additional 1 percent employee contribu-
tion and come under the provisions of this Code section. Any such
member-failing to make the election within such time limitation shall
not at any time thereafter be subject to the provisions of this Code
section. The election to come under the provisions of this Code
section may not be rescinded. The elections provided for in this
subsection shall be made in writing to the board.
1576
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The board shall grant annual cost-of-living benefit adjust-
ments to beneficiaries subject to this Code section. Such cost-of-
living benefit adjustments, subject to the limitations hereinafter
provided, shall be in an amount necessary to maintain essentially the
same purchasing power of a beneficiary during the postretirement
years, based on the Consumer Price Index of the Bureau of Labor
Statistics of the United States Department of Labor for all items and
major groups, United States city average. If actuarial studies and
evaluations accomplished by the board reveal that the additional
employee contribution provided for by this Code section is insuffi-
cient to fund fully cost-of-living benefit adjustments provided for
above, then the board, for any annual cost-of-living adjustment, may
reduce pro rata the adjustment otherwise required.
47-9-77. Whenever any county within a judicial circuit supple-
ments the state salary paid to active superior court judges of said
circuit, the governing authority of such county shall be authorized,
but not required, to supplement the benefit being paid pursuant to
this chapter to any former superior court judge of said circuit who is
receiving benefits pursuant to this chapter or to supplement the
benefit being paid pursuant to this chapter to any beneficiary of any
such former superior court judge. The county supplement to any such
benefit may not exceed the percentage which the respective county
salary supplement paid to active superior court judges of the circuit
bears to the state salary of active superior court judges.
Section 9. This Act shall become effective on November 1,1982.
Section 10. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 16,1982.
GEORGIA LAWS 1982 SESSION
1577
BLASTING OR EXCAVATING NEAR
UNDERGROUND GAS PIPES, ETC.
Code Section 25-9-2 Amended.
No. 1447 (Senate Bill No. 142).
AN ACT
To amend an Act providing certain requirements in connection
with blasting or excavating in the vicinity of underground gas pipes
and other facilities, approved March 6, 1969 (Ga. L. 1969, p. 50), as
amended, so as to change the definition of the term gas; to amend
the Official Code of Georgia Annotated accordingly; to provide effec-
tive dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act providing certain requirements in connection
with blasting or excavating in the vicinity of underground gas pipes
and other facilities, approved March 6,1969 (Ga. L. 1969, p. 50), as
amended, is amended by adding at the end of subsection (c) of
Section 2 a new sentence to read as follows:
The term gas shall also include liquid petroleum products.,
so that when so amended subsection (c) shall read as follows:
(c) Gas means any flammable gaseous matter, and shall
include but not be limited to, natural gas, manufactured gas, liquified
petroleum gas and any material composed predominantly of any of
the following hydrocarbons or mixtures of the same: methane,
propane, propylene, butane or butylene. The term gas shall also
include liquid petroleum products.
Part 2
Section 2. Chapter 9 of Title 25 of the Official Code of Georgia
Annotated, relating to blasting and excavating near certain facilities,
is amended by striking paragraph (6) of Code Section 25-9-2 in its
entirety and inserting in lieu thereof a new paragraph (6) to read as
follows:
1578
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) Gas means any flammable gaseous matter and includes,
but is not limited to, natural gas, manufactured gas, liquefied petro-
leum gas, and any material composed predominantly of any of the
following hydrocarbons or mixtures of the same: methane, propane,
propylene, butane, or butylene. The term gas shall also include
liquid petroleum products.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 16,1982.
PRACTICE AND PROCEDURE ATTACHMENT.
Code Title 8, Chapter 9 Enacted.
No. 1448 (Senate Bill No. 325).
AN ACT
To amend Code Title 8, relating to attachment, as amended, so as
to provide when a judgment of attachment binds the defendants
property; to provide for setting aside judgments; to provide for issue
of execution and levy on judgments; to provide for application of
proceeds of sales; to provide for attachment liens and priorities; to
GEORGIA LAWS 1982 SESSION
1579
require entries in the attachment docket; to provide for all related
matters; to amend the Official Code of Georgia Annotated accord-
ingly; to provide effective dates; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Title 8, relating to attachment, as amended, is
amended by adding a new Code Chapter 8-9 to read as follows:
CHAPTER 8-9. LIEN, JUDGMENT, AND EXECUTION
8-901. When judgment binds defendants property. When the
defendant has given bond and security, or when he has appeared and
made defense by himself or attorney at law without raising a valid
defense of lack of jurisdiction over the person, the judgment rendered
against him in such case shall bind all his property and shall have the
same force and effect as when there has been personal service, and
execution shall issue accordingly, but it shall be first levied upon the
property attached. In all other cases, the judgment on the attachment
shall only bind the property attached, and the judgment shall be
entered only against such property.
8-902. Judgment may be set aside for fraud or want of consider-
ation. A judgment in attachment may be set aside in a court of law
upon an issue suggesting fraud or want of consideration, tendered by
a judgment creditor of the defendant in attachment.
8-903. Executions must issue on all judgments; property on which
levied. After the judgment has been obtained in any case of attach-
ment, execution shall issue as in cases at common law, which execu-
tion shall be levied in the same manner as executions issuing at
common law, and the proceedings in all respects shall be the same,
except that when the judgment only binds the property levied on by
the attachment, as aforesaid, the execution shall be issued against
such property only, and that property only shall be levied on and sold.
8-904. Application of money raised by sale of property. All money
raised by the sale of defendants property, or otherwise, by virtue of
this Title, shall be paid over to the creditors of the defendant,
according to the priority of the lien of their judgments, except that as
1580
GENERAL ACTS AND RESOLUTIONS, VOL. I
between attaching creditors the attachment first levied shall be first
satisfied, to the entire exclusion of any attachment of younger levy.
8-905. Lien of attachments; priorities. The lien of an attachment
is created by the levy, and not the judgment in the attachment; and in
case of a conflict between attachments, the first levied shall be first
satisfied; but in a contest between attachments and ordinary
judgments or suits, it is the judgment and not the levy which fixes the
lien. However, the lien of an attachment shall have priority over the
lien of an ordinary judgment that has been obtained upon a suit filed
after the levy of the attachment.
8-906. Lien on realty only after entry on docket. As against the
interests of third parties acting in good faith and without notice who
may have acquired a transfer or lien binding any real estate no
attachment levied upon real estate shall be a lien on the same from
the levy thereof, unless said attachment is entered upon the attach-
ment docket of the county in which the real estate is situated within
five days from said levy. When the attachment is entered upon the
docket after the five days, the lien shall date from such entry; and it
shall be the duty of the sheriff to have said entry made within the five
days. Nothing in this section shall be construed to affect the validity
or force of any attachment as between the parties thereto.
Part 2
Section 2. Chapter 3 of Title 18 of the Official Code of Georgia
Annotated, relating to attachment proceedings, is amended by adding
a new Article 4 to read as follows:
ARTICLE 4
18-3-70. When the defendant has given bond and security, or
when he has appeared and made defense by himself or attorney at law
without raising a valid defense of lack of jurisdiction over the person,*
the judgment rendered against him in such case shall bind all his
property and shall have the same force and effect as when there has
been personal service, and execution shall issue accordingly, but it
shall be first levied upon the property attached. In all other cases, the
judgment on the attachment shall only bind the property attached
and the judgment shall be entered only against such property.
GEORGIA LAWS 1982 SESSION
1581
18-3-71. A judgment in attachment may be set aside in a court of
law upon an issue suggesting fraud or want of consideration, tendered
by a judgment creditor of the defendant in attachment.
18-3-72. After the judgment has been obtained in any case of
attachment, execution shall issue as in cases at common law, which
execution shall be levied in the same manner as executions issuing at
common law; and the proceedings in all respects shall be the same,
except that when the judgment only binds the property levied on by
the attachment, as aforesaid, the execution shall be issued against
such property only and that property only shall be levied on and sold.
18-3-73. All money raised by the sale of defendants property or
otherwise, by virtue of this chapter, shall be paid over to the creditors
of the defendant, according to the priority of the lien of their
judgments, except that as between attaching creditors the attach-
ment first levied shall be first satisfied to the entire exclusion of any
attachment of younger levy.
18-3-74. The lien of an attachment is created by the levy and not
the judgment in the attachment; and in case of a conflict between
attachments, the first levied shall be first satisfied; but in a contest
between attachments and ordinary judgments or suits, it is the
judgment and not the levy which fixes the lien. However, the lien of
an attachment shall have priority over the lien of an ordinary
judgment that has been obtained upon a suit filed after the levy of the
attachment.
18-3-75. As against the interests of third parties acting in good
faith and without notice who may have acquired a transfer or lien
binding any real estate, no attachment levied upon real estate shall be
a lien on the same from the levy thereof unless said attachment is
entered upon the attachment docket of the county in which the real
estate is situated within five days from said levy. When the attach-
ment is entered upon the docket after the five days, the lien shall date
from such entry; and it shall be the duty of the sheriff to have said
entry made within the five days. Nothing in this Code section shall be
construed to affect the validity or force of any attachment as between
the parties thereto.
1582
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
BOARD OF POLYGRAPH EXAMINERS ACT
AMENDED.
Code Section 43-36-16 Amended.
No. 1449 (Senate Bill No. 485).
AN ACT
To amend an Act creating the Board of Polygraph Examiners,
approved April 9, 1968 (Ga. L. 1968, p. 1217), so as to continue the
board and the laws relating to the board until certain dates; to amend
Chapter 36 of Title 43 of the Official Code of Georgia Annotated,
relating to the State Board of Polygraph Examiners, so as to provide
therein for the same change described above; to provide effective
dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
1583
Part I
Section 1. An Act creating the Board of Polygraph Examiners,
approved April 9,1968 (Ga. L. 1968, p. 1217), is hereby amended by
designating the existing text of Section 3 as subsection (a) and adding
a new subsection (b) of Section 3 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. L. 1977, p. 961), as now or
hereafter amended, the Board of Polygraph Examiners and the laws
relating thereto are hereby continued until July 1,1987, 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.
Part II
Section 2. Official Code of Georgia Annotated Chapter 43-36,
relating to the State Board of Polygraph Examiners, is hereby
amended by striking from Code Section 43-36-16 the following:
1982,
and inserting in lieu thereof the following:
1987,
so that when so amended said Code section shall read as follows:
43-36-16. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the State Board of Polygraph Exam-
iners shall be terminated on July 1, 1987, and this chapter and any
other laws relating to such board shall be repealed in their entirety
effective on the date specified in Code Section 43-2-8.
Part III
Section 3. (a) Except as provided in subsection (c) of this
section this Act shall become effective upon its approval by the
Governor or upon its otherwise becoming law without his approval.
1584
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Part I of this Act shall be repealed effective November 1,
1982.
(c) Part II of this Act shall become effective November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 16,1982.
MOTOR VEHICLE LICENSE PLATES, ETC.
Code Chapter 68-2 Amended.
Code Title 40, Chapter 2 Amended.
No. 1450 (Senate Bill No. 489).
AN ACT
To amend Code Chapter 68-2, relating to licenses for motor
vehicles, as amended, so as to eliminate the payment of a $2.00 fee for
lost, defaced, or destroyed county decals; to provide for the replace-
ment of lost, defaced, or destroyed county decals; to change the
penalty provisions relating to operating a vehicle without the proper
county decal designating the county where the vehicle was last
registered; to provide that special bicentennial license plates issued in
1976 may continue to be used after December 31,1982; to prohibit the
use of certain materials to cover or obstruct license plates; to amend
the Official Code of Georgia Annotated accordingly; to provide effec-
tive dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Chapter 68-2, relating to licenses for motor
vehicles, as amended, is amended by replacing subsection (f) of Code
Section 68-214 with a new subsection to read as follows:
GEORGIA LAWS 1982 SESSION
1585
(f) A duplicate license plate 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. A
duplicate county decal when the original has been lost, defaced, or
destroyed may be obtained from the commissioner at no cost.
Section 2. Said Code chapter is further amended by replacing
subsection (h) of Code Section 68-214 with a new subsection to read
as follows:
(h) (1) 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 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
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 or revalidation sticker has not been
delivered to him, then said owner shall not be subject to the above
penalties.
(2) It shall be unlawful and punishable as for a misde-
meanor to operate any vehicle required to be registered in the
State of Georgia without a valid county decal designating the
county where the vehicle was last registered. Any person convicted
of such offense shall be punished by a fine of $25.00 for a first
offense and $100.00 for a second or subsequent such offense.
However, a county name decal shall not be required if there is no
space provided for a county name decal on the current license
plate.
Section 2A. Said Code chapter is further amended by striking in
its entirety subsection (b) of Code Section 68-214 and inserting in lieu
thereof a new subsection (b) to read as follows:
1586
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Such license plates shall be of metal at least six inches wide
and not less than 12 inches in length, and shall show in bold
characters the year of registration, serial number, and either the full
name or the abbreviation of the name of the State, designate the
county from which the license plate was issued, and such other
distinctive markings as in the judgment of the commissioner may be
deemed advisable, so as to indicate the class of weight of the vehicle
for which the license plate was issued. Such plates may also bear such
figures, characters, letters, or combinations thereof as in the
judgment of the Revenue Commissioner will to the best advantage
advertise, popularize, and otherwise promote Georgia as the Peach
State. The metal shall be of such strength and quality that the plate
shall provide a minimum service period of seven years. Every seven
years a new metal license plate shall be provided by the commissioner
for issuance, except that license plates issued for vehicles in excess of
24,000 pounds shall be issued annually and no revalidation sticker
shall be issued for such plates. Metal license plates issued on or after
January 1,1976, which were originally intended for use for a period of
five years, shall continue to be used until replaced by the issuance of
new metal license plates beginning on January 1, 1983; provided,
however, that special bicentennial license plates issued in 1976 may
continue to be used after December 31, 1982, and the commissioner
shall issue a special revalidation sticker for such license plates in 1983
and regular revalidation stickers thereafter.
Section 3. Said Code chapter is further amended by replacing
Code Section 68-215 with a new Code section to read as follows:
68-215. Display of number plates. Every motor vehicle, tractor,
trailer, or motorcycle, which is in use upon the highways, shall at all
times display the number plate assigned to it, and the same shall be
fastened to the rear of the vehicle in a position so as not to swing, and
shall be at all times plainly visible. The State Revenue Commissioner
shall be authorized to adopt rules and regulations so as to permit the
display of a number plate on the front of certain vehicles. It shall be
the duty of the operator of any vehicle to keep the number plate
legible at all times. No license plate shall be covered with any
material unless the material is colorless and transparent. No appara-
tus that obstructs or hinders the clear display and legibility of a
license plate shall be attached to the rear of any motor vehicle
required to be registered in the state.
GEORGIA LAWS 1982 SESSION
1587
Part 2
Section 4. Title 40 of the Official Code of Georgia Annotated,
relating to motor vehicles and traffic, is amended by replacing Code
Section 40-2-40 with a new Code section to read as follows:
40-2-40. A duplicate license plate or revalidation decal 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
duplicate county decal when the original has been lost, defaced, or
destroyed may be obtained from the commissioner at no cost.
Section 5. Said title is further amended by replacing Code
Section 40-2-8 with a new Code section to read as follows:
40-2-8. (a) Any person owning or operating any vehicle
described in Code Section 40-2-20 on any public highway or street
after April 1 of each year without complying with that Code section
shall be guilty of a misdemeanor. Any person renting, leasing, or
loaning any vehicle described in Code Section 40-2-20 which is being
used on any public highway or street after April 1 of each year without
complying with that Code section shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of $100.00
for each violation; and each day that such vehicle is operated in
violation of Code Section 40-2-20 shall be deemed to be a separate
and distinct offense.
(b) Any vehicle operated in the State of Georgia after April 1 of
any year which is required to be registered and which does not have
attached to the rear thereof a numbered license plate and current
revalidation decal, if required, shall be stored at the owners risk and
expense by any law enforcement officer of the State of Georgia. It
shall be a misdemeanor to operate any vehicle required to be regis-
tered in the State of Georgia without a valid numbered license plate
properly validated. If the owner of such vehicle presents evidence that
he has properly applied for the registration of such vehicle, but that
the license plate or revalidation decal has not been delivered to him,
then the owner shall not be subject to the above penalties.
(c) It shall be unlawful and punishable as for a misdemeanor to
operate any vehicle required to be registered in the State of Georgia
1588
GENERAL ACTS AND RESOLUTIONS, VOL. I
without a valid county decal designating the county where the vehicle
was last registered. Any person convicted of such offense shall be
punished by a fine of $25.00 for a first offense and $100.00 for a second
or subsequent such offense. However, a county name decal shall not
be required if there is no space provided for a county name decal on
the current license plate.
Section 5A. Said title is further amended by striking in its
entirety subsection (b) of Code Section 40-2-29 and inserting in lieu
thereof a new subsection (b) to read as follows:
(b) Such license plates shall be of metal at least six inches
wide and not less than 12 inches in length, and shall show in bold
characters the year of registration, the serial number, and either
the full name or the abbreviation of the name of the state, shall
designate the county from which the license plate was issued, and
shall show such other distinctive markings as in the judgment of
the commissioner may be deemed advisable, so as to indicate the
class of weight of the vehicle for which the license plate was issued.
Such plates may also bear such figures, characters, letters, or
combinations thereof as in the judgment of the commissioner will
to the best advantage advertise, popularize, and otherwise pro-
mote Georgia as the Peach State. The metal shall be of such
strength and quality that the plate shall provide a minimum
service period of seven years. Every seven years a new metal
license plate shall be provided by the commissioner for issuance,
except that license plates issued for vehicles in excess of 24,000
pounds shall be issued annually and no revalidation decal shall be
issued for such plates. Metal license plates issued on or after
January 1, 1976, which were originally intended for use for a
period of five years, shall continue to be used until replaced by the
issuance of new metal license plates beginning on January 1,1983;
provided, however, that special bicentennial license plates issued
in 1976 may continue to be used after December 31,1982, and the
commissioner shall issue a special revalidation decal for such
license plates in 1983 and regular revalidation decals thereafter.
Section 6. Said title is further amended by replacing Code
Section 40-2-38 with a new Code section to read as follows:
40-2-38. Every vehicle required to be registered under this
chapter, which is in use upon the highways, shall at all times display
the license plate assigned to it, and the plate shall be fastened to the
GEORGIA LAWS 1982 SESSION
1589
rear of the vehicle in a position so as not to swing and shall be at all
times plainly visible. The commissioner is authorized to adopt rules
and regulations so as to permit the display of a license plate on the
front of certain vehicles. It shall be the duty of the operator of any
vehicle to keep the license plate legible at all times. No license plate
shall be covered with any material unless the material is colorless and
transparent. No apparatus that obstructs or hinders the clear display
and legibility of a license plate shall be attached to the rear of any
motor vehicle required to be registered in the state.
Part 3
Section 7. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
LICENSURE OF APPLIED PSYCHOLOGISTS
ACT AMENDED.
Code Section 43-39-1 Amended.
No. 1451 (Senate Bill No. 497).
AN ACT
To amend an Act making provision for the licensure of applied
psychologists, approved February 21, 1951 (Ga. L. 1951, p. 408), as
1590
GENERAL ACTS AND RESOLUTIONS, VOL. I
amended, particularly by an Act approved March 20, 1970 (Ga. L.
1970, p. 511), so as to change the definition regarding the practice of
applied psychology; to amend the Official Code of Georgia Annotated
accordingly; to provide for effective dates and automatic repeal; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act making provision for the licensure of applied
psychologists, approved February 21, 1951 (Ga. L. 1951, p. 408), as
amended, particularly by an Act approved March 20, 1970 (Ga. L.
1970, p. 511), is amended by striking Section 1 thereof and inserting
in its place a new Section 1 to read as follows:
Section 1. Practice of Applied Psychology; Definition. A person
practices applied psychology within the meaning of this Act when he
holds himself out to be an applied psychologist and renders or offers
to render to individuals, groups, organizations or the public for fee or
any remuneration, monetary or otherwise, any service involving the
application of recognized principles, methods and procedures of the
science and profession of psychology, such as, but not limited to,
diagnosing and treating mental and nervous disorders, interviewing,
administering and interpreting tests of mental abilities, aptitudes,
interest and personality characteristics for such purposes as psycho-
logical classification or evaluation, or for education or vocational
placement, or for such purposes as psychological counseling, guidance
or readjustment. Nothing in this definition shall be construed as
permitting the administration or prescription of drugs or in any way
infringing upon the practice of medicine as defined in the laws of this
State.
Part 2
Section 2. Code Section 43-39-1 of the Official Code of Georgia
Annotated, relating to definitions regarding applied psychologists, is
amended by striking paragraph (2) thereof and inserting in its place a
new paragraph (2) to read as follows:
GEORGIA LAWS 1982 SESSION
1591
(2) To practice applied psychology means to hold ones self
out to be an applied psychologist and to render or offer to render to
individuals, groups, organizations, or the public for a fee or any
remuneration, monetary or otherwise, any service involving the appli-
cation of recognized principles, methods, and procedures of the
science and profession of psychology, such as, but not limited to,
diagnosing and treating mental and nervous disorders, interviewing,
administering, and interpreting tests of mental abilities, aptitudes,
interest, and personality characteristics for such purposes as psycho-
logical classification or evaluation, or for education or vocational
placement, or for such purposes as psychological counseling,
guidance, or readjustment. Nothing in this paragraph shall be
construed as permitting the administration or prescription of drugs or
in any way infringing upon the practice of medicine as defined in the
laws of this state.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
1592
GENERAL ACTS AND RESOLUTIONS, VOL. I
DEPARTMENT OF HUMAN RESOURCES WAIVER
OF RULES, ETC.
Code Section 88-110 Amended.
Code Section 31-2-4 Amended.
No. 1452 (Senate Bill No. 500).
AN ACT
To amend Code Chapter 88-1, relating to the Department of
Human Resources, as amended, so as to provide for variances, waiv-
ers, and exemptions from certain rules and regulations of the depart-
ment under certain conditions; to amend the Official Code of Georgia
Annotated accordingly; to provide for effective dates and automatic
repeal; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Chapter 88-1, relating to the Department of
Human Resources, as amended, is amended by striking Code Section
88-110 and inserting in its place a new Code Section 88-110 to read as
follows:
88-110. The Department, rules and regulations, (a) Manifestly,
no legislative body can foresee or cope with all situations and condi-
tions, which, if not promptly checked, would militate against the
health of its constituents. Therefore, said Department is authorized
and directed by and through its Board to adopt and promulgate rules
and regulations to effect prevention, correction, and abatement of
such situations and conditions. Such rules and regulations must be
adopted to the purposes intended and be within the purview of the
powers and duties imposed upon said Department of this Title.
(b) The Department upon application or petition may grant
variances and waivers to specific rules and regulations which estab-
lish standards for licensure of facilities when it has been shown that
the rule or regulation is not applicable or to allow experimentation
and demonstration of new and innovative approaches to delivery of
services.
GEORGIA LAWS 1982 SESSION
1593
(1) Waivers or variances which affect an entire class of
facilities may only be approved by the Board of Human Resources
and shall be for a time certain, as determined by the Board. A
proposed variance or waiver which affects an entire class of
facilities under this section shall be considered as a contested case
pursuant to Section 3A-114 of the Georgia Administrative Proce-
dure Act, as amended, except that 30 days notice and an opportu-
nity to submit data, views and arguments, orally or in writing,
shall also be provided to any person who has requested in writing
that he be placed on a mailing list to receive such notices. A notice
of the proposed variance or waiver affecting an entire class of
facilities shall be made in accordance with the requirements for
notice of rule-making in the Georgia Administrative Procedure
Act.
(2) Variances or waivers which affect only one facility in a
class may be approved or denied by the Department and shall be
for a time certain, as determined by the Department. The
Department shall maintain a record of such action and shall make
this information available to the Board and all other persons who
request it. The Department may not grant a variance or waiver to
a facility for purposes of experimentation or demonstration unless
the Department has first complied with the provisions for review
by the Human Subjects Research Review Board as provided for in
subsection (d) of this Section.
(c) The Department may exempt classes of facilities from regu-
lation when, in the Departments judgment, regulation would not
permit the purpose intended or the class of facilities is subject to
similar requirements under other rules and regulations. Such exemp-
tions shall be provided in rules and regulations promulgated by the
Board.
(d) All requests for variances, waivers or exemptions based on
experimentation or demonstration as provided under this section
must first be submitted to the Human Subjects Research Review
Board, which Board shall be established by the Department, for
determination of whether human subjects are involved and whether
such human subjects may be exposed to the possibility of injury
including physical, psychological or sociological injury as a result of
the experiment or demonstration. In no case shall a request for a
waiver, variance or exemption for an experiment or demonstration
determined by the Human Subjects Research Review Board to
1594
GENERAL ACTS AND RESOLUTIONS, VOL. I
involve human subjects so exposed be considered by the Department
until the Human Subjects Research Review Board has determined
that:
(1) the risks to the subjects are so outweighed by the sum of
the benefit to the subjects and the importance of the knowledge to
be gained as to warrant a decision to allow the subjects to accept
these risks;
(2) the rights and welfare of any such subjects will be
adequately protected; and
(3) legally effective informed consent will be obtained by
adequate and appropriate methods.
Variances, waivers, or exemptions based on experimentation or
demonstration may only be approved by the Board and shall be for a
time certain, as determined by the Board. Notice of such proposed
variances, waivers, or exemptions shall be provided as described in
(b)(1).
Part 2
Section 2. Chapter 2 of Title 31 of the Official Code of Georgia
Annotated, relating to the Department of Human Resources, is
amended by striking Code Section 31-2-4 and inserting in its place a
new Code Section 31-2-4 to read as follows:
31-2-4. (a) The department is authorized to adopt and pro-
mulgate rules and regulations to effect prevention, abatement, and
correction of situations and conditions which, if not promptly
checked, would militate against the health of the people of this state.
Such rules and regulations must be adapted to the purposes intended
and be within the purview of the powers and duties imposed upon the
department by this chapter.
(b) The department upon application or petition may grant
variances and waivers to specific rules and regulations which estab-
lish standards for licensure of facilities when it has been shown that
the rule or regulation is not applicable or to allow experimentation
and demonstration of new and innovative approaches to delivery of
services.
GEORGIA LAWS 1982 SESSION
1595
(1) Waivers or variances which affect an entire class of
facilities may only be approved by the Board of Human Resources
and shall be for a time certain, as determined by the board. A
proposed variance or waiver which affects an entire class of
facilities under this Code section shall be considered as a con-
tested case pursuant to Code Section 50-13-13 of the Georgia
Administrative Procedure Act, as amended, except that 30 days
notice and an opportunity to submit data, views, and arguments,
orally or in writing, shall also be provided to any person who has
requested in writing that he be placed on a mailing list to receive
such notices. A notice of the proposed variance or waiver affecting
an entire class of facilities shall be made in accordance with the
requirements for notice of rule-making in the Georgia Adminis-
trative Procedure Act.
(2) Variances or waivers which affect only one facility in a
class may be approved or denied by the department and shall be
for a time certain, as determined by the department. The depart-
ment shall maintain a record of such action and shall make this
information available to the board and all other persons who
request it. The department may not grant a variance or waiver to
a facility for purposes of experimentation or demonstration unless
the department has first complied with the provisions for review
by the Human Subjects Research Review Board as provided for in
subsection (d) of this Code section.
(c) The department may exempt classes of facilities from regula-
tion when, in the departments judgment, regulation would not
permit the purpose intended or the class of facilities is subject to
similar requirements under other rules and regulations. Such exemp-
tions shall be provided in rules and regulations promulgated by the
board.
(d) All requests for variances, waivers, or exemptions based on
experimentation or demonstration as provided under this Code sec-
tion must first be submitted to the Human Subjects Research Review
Board, which board shall be established by the department, for
determination of whether human subjects are involved and whether
such human subjects may be exposed to the possibility of injury
including physical, psychological, or sociological injury as a result of
the experiment or demonstration. In no case shall a request for a
waiver, variance, or exemption for an experiment or demonstration
determined by the Human Subjects Research Review Board to
1596
GENERAL ACTS AND RESOLUTIONS, VOL. I
involve human subjects so exposed be considered by the department
until the Human Subjects Research Review Board has determined
that:
(1) The risks to the subjects are so outweighed by the sum of
the benefit to the subjects and the importance of the knowledge to
be gained as to warrant a decision to allow the subjects to accept
these risks;
(2) The rights and welfare of any such subjects will be
adequately protected; and
(3) Legally effective informed consent will be obtained by
adequate and appropriate methods.
Variances, waivers, or exemptions based on experimentation or
demonstration may only be approved by the board and shall be for a
time certain, as determined by the board. Notice of such proposed
variances, waivers, or exemptions shall be provided as described in
paragraph (1) of subsection (b) of this Code section.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without bis approval.
(b) Part 1 of this Act shall be repealed effective November 1;
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
GEORGIA LAWS 1982 SESSION
1597
GEORGIA BARBER ACT AMENDED.
Code Title 43, Chapter 7 Amended.
No. 1453 (Senate Bill No. 502).
AN ACT
To amend the Georgia Barber Act, approved April 19,1973 (Ga.
L. 1973, p. 1450), as amended, so as to continue the Georgia State
Board of Barbers and the laws relating thereto but to provide for the
later termination of the board and those laws; to amend Chapter 7 of
Title 43 of the Official Code of Georgia Annotated, the Georgia
Barber Act, so as to provide for the same changes described above as
well as to delete certain requirements regarding the furnishing of
certificates of health; to change certain reciprocity provisions; to
provide for effective dates and automatic repeal; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. The Georgia Barber Act, approved April 19, 1973
(Ga. L. 1973, p. 1450), as amended, is amended by adding immedi-
ately following Section 5A thereof a new Section 5B to read as follows:
Section 5B. Pursuant to Section 9 of The Act Providing for the
Review, Continuation, Reestablishment or Termination of Regula-
tory Agencies, approved March 24,1977 (Ga. L. 1977, p. 961), as now
or hereafter amended, the Georgia State Board of Barbers and the
laws relating thereto are hereby continued until July 1,1986, at which
time the board shall be terminated. Upon its termination, the board
shall continue in existence until July 1 of the next succeeding year for
the purpose of concluding its affairs and activities. During that
termination period, the powers or authority of the board shall not be
reduced or otherwise limited. The laws relative to the board shall be
continued in effect for the duration of the termination period only for
the purpose of concluding its affairs. As of the last day of the
termination period, the laws relative to the board shall stand repealed
in their entirety. During the termination period, the board shall not
issue any new licenses nor renew any licenses nor collect any license
fees which were not due and payable prior to the date of termination
of the board.
1598
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 2
Section 2. Chapter 7 of Title 43 of the Official Code of Georgia
Annotated, the Georgia Barber Act, is amended by adding after the
semicolon at the end of paragraph (3) of subsection (a) of Code
Section 43-7-11 the following:
and,
by striking paragraph (4) thereof, which reads as follows:
(4) Presents a certificate of health, personally signed by a
licensed physician of the healing arts, on a form prescribed and
furnished by the board;,
by redesignating paragraph (5) thereof as paragraph (4), and by
striking therefrom subsection (b) and inserting in its place a new
subsection (b) to read as follows:
(b) All persons making application for examination under this
Code section shall be allowed to practice the occupation of barbering
until the next meeting of the board held for the examination of the
applicants, and the board shall issue a permit authorizing them to
practice such occupation.
Section 3. Said chapter is further amended by striking subsec-
tion (a) of Code Section 43-7-15 and inserting in its place a new
subsection (a) to read as follows:
(a) A student license shall be issued to any student duly
enrolled in a licensed barber school who shall furnish the board
evidence that the student has completed the seventh grade of school
instruction or its equivalent.
Section 4. Said chapter is further amended by striking para-
graph (1) of subsection (a) of Code Section 43-7-16, which reads as
follows:
(1) A certificate of health, personally signed by a licensed
physician of the healing arts, on a form prescribed by the board;,
and by redesignating paragraphs (2) and (3) thereof as paragraphs (1)
and (2), respectively.
GEORGIA LAWS 1982 SESSION
1599
Section 5. Said chapter is further amended by striking Code
Section 43-7-17, which reads as follows:
43-7-17. Any person shall obtain a certificate of registration
under this chapter who makes application therefor to the board
through the joint-secretary, pays a fee to the joint-secretary in an
amount established by the board, and meets the following qualifica-
tions:
(1) Is free from infectious and contagious disease at the time
of filing said application;
(2) Is a resident of this state; and
(3) Has held for five years a license or certificate of registra-
tion as a master barber or the equivalent thereto from another
state which has substantially the same requirements for licensing
and registering barbers as required by this chapter.,
and inserting in its place a new Code Section 43-7-17 to read as
follows:
43-7-17. The board may issue a license to practice under this
chapter by endorsement, without examination, to persons having
licenses under similar laws of another state if, in the opinion of the
board, the standards and qualifications for licensure in that state are
comparable to those in this state for the particular license applied
for.
Section 6. Said chapter is further amended by striking Code
Section 43-7-18 and inserting in its place a new Code Section 43-7-18
to read as follows:
43-7-18. All licenses shall expire biennially. All applications for
renewal of a license shall be filed with the joint-secretary prior to the
expiration date, accompanied by the biennial renewal fee prescribed
by the board.
Section 7. Said chapter is further amended by striking Code
Section 43-7-19 and inserting in its place a new Code Section 43-7-19
to read as follows:
1600
GENERAL ACTS AND RESOLUTIONS, VOL. I
43-7-19. A license which has expired for failure to renew may be
restored after application and payment of the prescribed restoration
fee.
Section 8. Said chapter is further amended by striking Code
Section 43-7-27, which reads as follows:
43-7-27. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the State Board of Barbers shall be
terminated on July 1, 1982, and this chapter and any other laws
relating to such board shall be repealed in their entirety effective on
the date specified in Code Section 43-2-8.,
and inserting in its place a new Code Section 43-7-27 to read as
follows:
43-7-27. Pursuant to Code Section 43-2-3 of the Official Code
of Georgia Annotated, relating to the continuation or reestablishment
of regulatory agencies, the Georgia State Board of Barbers and the
laws relating thereto are continued until July 1,1986, at which time
the board shall be terminated. Upon its termination, the board shall
continue in existence until July 1 of the next succeeding year for the
purpose of concluding its affairs and activities. During that termina-
tion period, the powers or authority of the board shall not be reduced
or otherwise limited. The laws relative to the board shall be contin-
ued 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.
Part 3
Section 9. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
GEORGIA LAWS 1982 SESSION
1601
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 10. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 16,1982.
MOTOR VEHICLE OPERATOR LICENSES
SUSPENSION.
Code Section 68B-312 Amended.
Code Section 40-5-63 Amended.
No. 1454 (Senate Bill No. 506).
AN ACT
To amend Code Section 68B-312, relating to periods of suspension
of drivers licenses, as amended, so as to change the period of
suspension in cases where a person who has refused to submit to a test
or tests provided for in Code Section 68B-306 has been charged with
homicide by a vehicle as provided in Code Section 68A-903; to amend
the Official Code of Georgia Annotated accordingly; to provide effec-
tive dates; to provide for automatic repeal of certain provisions of this
Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 68B-312, relating to periods of suspen-
sion of drivers licenses, as amended, is amended by striking subsec-
tion (b) in its entirety and inserting in lieu thereof a new subsection
(b) to read as follows:
1602
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Any suspension made pursuant to Code Section 68B-306 of
this title shall be for six months; provided, however, that, where a
person who has refused to submit to a test or tests provided for in
Code Section 68B-306 has been charged with homicide by a vehicle as
provided in Code Section 68A-903, the suspension shall be for 12
months.
Part 2
Section 2. Code Section 40-5-63 of the Official Code of Georgia
Annotated, relating to periods of suspension of drivers licenses, is
amended by striking subsection (b) in its entirety and inserting in lieu
thereof a new subsection (b) to read as follows:
(b) Any suspension made pursuant to Code Section 40-5-55
shall be for six months; provided, however, that, where a person who
has refused to submit to a test or tests provided for in Code Section
40-5-55 has been charged with homicide by a vehicle as provided in
Code Section 40-6-393, the suspension shall be for 12 months.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
GEORGIA LAWS 1982 SESSION
1603
INTEREST RATES ON COUNTY AND
MUNICIPAL BONDS, ETC.
Code Section 36-82-122 Amended.
No. 1455 (Senate Bill No. 523).
AN ACT
To amend an Act relating to interest rates upon certain bonds and
other obligations issued by local governments, authorities, and public
corporations, approved March 16,1981 (Ga. L. 1981, p. 384), so as to
eliminate the interest rate ceiling on county and municipal bonds
issued pursuant to the Revenue Bond Law; to ratify the provisions
of said Act; to amend the Official Code of Georgia Annotated accord-
ingly; 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:
Part 1
Section 1. An Act relating to interest rates upon certain bonds
and other obligations issued by local governments, authorities, and
public corporations, approved March 16,1981 (Ga. L. 1981, p. 384), is
amended by striking Section 3 and inserting in its place a new section
to read as follows:
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.
Section 2. All the terms and provisions of said 1981 Act, as
amended by this Act, are ratified and reaffirmed and shall be of full
force and effect.
1604
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 2
Section 3. Code Section 36-82-122, relating to interest rates
upon certain bonds and other obligations issued by local govern-
ments, authorities, and public corporations, is amended by striking
subsection (b) and inserting in its place a new subsection (b) to read
as follows:
(b) 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 govern-
ing body to authorize the issuance of any such bonds.
Part 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
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. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1605
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
STATE-WIDE PROBATION ACT AMENDED.
Code Section 42-8-43.1 Enacted.
No. 1456 (Senate Bill 531).
AN ACT
To amend Article 2 of Chapter 8 of Title 42 of the Official Code of
Georgia Annotated, relating to the state-wide probation system, so as
to provide for state participation in the cost of funding certain county
probation systems; to provide that such county probation systems
shall become a part of the state-wide probation system on a certain
date; to provide that employees of such county probation systems
shall, at their option, become employees of the Department of
Offender Rehabilitation and be subject to the salary schedules and
other personnel policies of the department, except that the salaries of
such employees shall not be reduced; to provide for other matters
relative to the foregoing; to provide an effective date and conditions
for the effectiveness of this Act; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 2 of Chapter 8 of Title 42 of the Official Code
of Georgia Annotated, relating to the state-wide probation system, is
amended by adding a new Code section immediately following Code
Section 42-8-43 to be designated Code Section 42-8-43.1 to read as
follows:
42-8-43.1. (a) This Code section shall apply to county proba-
tion systems of all counties of this state having a population of
1606
GENERAL ACTS AND RESOLUTIONS, VOL. I
400,000 or more according to the United States decennial census of
1980 or any future such census, any provision of Code Section 42-8-43
to the contrary notwithstanding. The department shall participate in
the cost of the county probation systems subject to this Code section
for fiscal years 1982-83 and 1983-84. The department shall compute
the state cost per probationer on a state-wide basis for each of the
aforesaid fiscal years pursuant to the formula used by the Office of
Planning and Budget to determine the state cost for probation for
budgetary purposes. For each of the aforesaid fiscal years, the depart-
ment shall pay to the governing authority of each county maintaining
a county probation system subject to this Code section the percentage
shown below of the state-wide cost per probationer for each proba-
tioner being supervised under the respective county probation system
as of the first day of each of said fiscal years:
(1) For fiscal year 1982-83,10 percent; and
(2) For fiscal year 1983-84,10-100 percent.
(b) The funds necessary to participate in the cost of county
probation systems under subsection (a) of this Code section shall
come from funds appropriated to the department for the purposes of
providing state participation in the cost of county probation systems.
The payments to counties provided for in subsection (a) of this Code
section shall be made by, or pursuant to the order of, the department
in single lump sum payment for each fiscal year, with the payment for
fiscal year 1982-83 being made by May 1,1983, and the one for fiscal
year 1983-84 by May 1,1984. As a condition necessary for a county to
qualify for department participation in the cost of the countys
probation system, the employees of such county probation systems
shall be subject to the supervision, control, and direction of the
department.
(c) Each county probation system subject to the provisions of
this Code section shall become a part of the state-wide probation
system provided for by this article effective on July 1,1984, and shall
be fully funded from state funds as a part of the state-wide probation
system beginning with fiscal year 1984-85. The employees of said
county probation systems, at their option, shall become employees of
the department on the date said county systems become a part of the
state-wide probation system and, on or after said date, said employees
shall be subject to the salary schedules and other personnel policies of
the department, except that the salaries of such employees shall not
be reduced as a result of becoming employees of the department.
GEORGIA LAWS 1982 SESSION
1607
Section 2. If a local Act of the General Assembly or a general law
of local application is adopted and becomes effective on or before
April 1, 1983, expressing approval that a county probation system
affected by this Act become a part of the state-wide probation system
in accordance with the terms of this Act, then this Act shall become
effective as to the county probation system affected by such local Act
on April 1,1983. This Act shall become effective only for each county
probation system for which a local Act or a general law of local
application is adopted and effective on or before April 1, 1983, as
provided in this section.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
SHERIFFS RETIREMENT FUND OF GEORGIA
ACT AMENDED.
Code Section 47-16-103 Amended.
No. 1457 (Senate Bill No. 551).
AN ACT
To amend an Act creating the Sheriffs Retirement Fund of
Georgia, approved April 16,1963 (Ga. L. 1963, p. 630), as amended, so
as to provide that the board of commissioners may accept certain
applications for reinstatement in said fund from prior members who
have withdrawn the total sum which they had paid into the fund in
dues; to provide interest and penalty requirements to be paid by said
prior members seeking reinstatement; to set a deadline for the filing
of said applications for reinstatement with the secretary-treasurer of
said board of commissioners; to amend the Official Code of Georgia
Annotated accordingly; to provide effective dates; to repeal conflict-
ing laws; and for other purposes.
1608
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act creating the Sheriffs Retirement Fund of
Georgia, approved April 16,1963 (Ga. L. 1963, p. 630), as amended, is
amended by striking Section 15 of said Act in its entirety and
substituting in lieu thereof a new Section 15 to read as follows:
Section 15. (a) Any member may withdraw the total sum which
he has paid into the fund as dues, without interest thereon, at any
time before retirement and his commencement of drawing retiring
benefits, but he shall not be eligible at any time after such withdrawal
to again become a member of such retirement fund or to receive any
benefits provided in this Chapter.
(b) Notwithstanding any provision of section 15(a), any prior
member who has withdrawn the total sums which he has paid into the
fund as dues prior to January 1,1982, may be reinstated as a member
of the Fund by meeting the following requirements:
(1) He may claim credit for all prior services as a sheriff
(only) by tendering payment of all dues which he would have paid
had he been a member of the fund, with interest thereon at eight
per cent per annum and with such reasonable penalty as may be
provided for by said board of commissioners; in no event shall any
sheriff who avails himself of this provision be permitted to claim
credit for any prior service as a peace officer (except sheriff) or as a
member of any of the armed services of the United States; and
(2) Said application for reinstatement is filed by the prior
member seeking reinstatement with the secretary-treasurer of
said board of commissioners on or before June 30,1982.
Part 2
Section 2. Code Section 47-16-103 of the Official Code of
Georgia Annotated, relating to the withdrawal of funds from and the
reinstatement to the sheriffs retirement system, is amended by
striking said Code section in its entirety and inserting in lieu thereof a
new Code Section 47-16-103 to read as follows:
GEORGIA LAWS 1982 SESSION
1609
47-16-103. (a) Any member may withdraw the total sum
which he has paid into the fund as membership dues at any time
before retirement or before he begins to draw retirement benefits. No
interest shall be paid on amounts so withdrawn.
(b) Membership shall cease upon withdrawal of dues under
subsection (a) of this Code section. No person who so withdraws his
dues shall be eligible to again become a member or to receive any
benefits under this chapter, provided that any prior member who,
before January 1, 1982, has withdrawn the total sums which he has
paid into the fund may be reinstated as a member by meeting the
following requirements:
(1) He may claim credit for all prior service as a sheriff by
tendering payment of all dues which he would have paid had he
been a member of the fund, together with interest on such amount
at 8 percent per annum and such reasonable penalty as may be
imposed by the board, provided that in no event shall any sheriff
who rejoins the fund under this subsection be permitted to claim
credit for any prior service as a peace officer, except sheriff, or as a
member of the armed forces of the United States; and
(2) The application for reinstatement is filed with the secre-
tary-treasurer on or before June 30,1982.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
1610
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
TEACHERS RETIREMENT SYSTEM ACT AMENDED.
Code Section 47-3-66 Amended.
No. 1458 (Senate Bill No. 555).
AN ACT
To amend an Act establishing the Teachers Retirement System,
approved March 19,1943 (Ga. L. 1943, p. 640), as amended, so as to
change the provisions relative to the transfer of teachers under a
certain independent school system to the Teachers Retirement
System; to amend the Official Code of Georgia Annotated accord-
ingly; to provide effective dates; to provide for specific repeal; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act establishing the Teachers Retirement
System, approved March 19,1943 (Ga. L. 1943, p. 640), as amended, is
amended by striking paragraph (e) of subsection (8) of Section 9 in its
entirety and substituting in lieu thereof a new paragraph (e) to read
as follows:
(e) Each teacher becoming a member of the Teachers Retire-
ment System pursuant to paragraph (c) of this subsection shall pay to
the Board of Trustees the amount of contributions which would have
been paid by the teacher to the Teachers Retirement System had the
teacher been a member of the Teachers Retirement System during
the period of creditable service established pursuant to paragraph (c)
GEORGIA LAWS 1982 SESSION
1611
of this subsection, plus interest, as hereinafter provided, which would
have accumulated on such contributions, less the amount paid on
behalf of each such teacher pursuant to paragraph (d) of this subsec-
tion. Interest which would have accumulated on such contributions
shall be computed on the basis of regular accrued interest until
January 1, 1982, and on the basis of 16 percent per annum from
January 1, 1982, until the payment required herein is made. The
Board of Trustees shall determine the amount required to be paid as
interest. Such payment shall and must be made to the Board of
Trustees in the manner prescribed by the Board of Trustees by not
later than December 31, 1983, or by the date of retirement for any
teacher who retires prior to December 31,1983, whichever is earlier.
Part 2
Section 2. Code Section 47-3-66 of the Official Code of Georgia
Annotated, relating to membership of teachers who are employed by
certain independent school systems, is amended by striking subsec-
tion (e) in its entirety and substituting in lieu thereof a new subsec-
tion (e) to read as follows:
(e) Each teacher who becomes a member of the retirement
system pursuant to subsection (c) of this Code section shall pay to the
board of trustees the amount of contributions which would have been
paid by the teacher to the retirement system had the teacher been a
member of the retirement system during the period of creditable
service established pursuant to subsection (c) of this Code section,
plus interest, as hereinafter provided, which would have accumulated
on such contributions, less the amount paid on behalf of each such
teacher pursuant to subsection (d) of this Code section. Interest
which would have accumulated on such contributions shall be com-
puted on the basis of regular accrued interest until January 1,1982,
and on the basis of 16 percent per annum from January 1,1982, until
the payment required herein is made. The board of trustees shall
determine the amount to be paid as interest. Such payment shall and
must be made to the board of trustees in the manner prescribed by
the board of trustees by not later than December 31,1983, or by the
date of retirement for any teacher who retires prior to December 31,
1983, whichever is earlier.
1612
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
EXECUTIVE PROBATE JUDGES COUNCIL OF
GEORGIA.
Code Title 15, Chapter 9 Amended.
No. 1459 (Senate Bill No. 567).
AN ACT
To create the Executive Probate Judges Council of Georgia; to
provide for the membership of the council, their qualifications,
appointment, election, compensation, expenses, terms of office, suc-
cession, duties, powers, authority, and responsibilities; to provide for
a method of filling vacancies; to provide for meetings of the council; to
provide for officers of the council and their terms; to provide for rules,
regulations, practices, and procedures; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to provide
for automatic repeal of certain provisions of this Act; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
1613
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. There is established the Executive Probate Judges
Council of Georgia. It shall be the duty of the council to advise and
coordinate with the Institute of Continuing Judicial Education of
Georgia concerning educational programs for probate judges and
probate judges elect, to assist probate judges in improving the opera-
tions of the probate courts, and to perform such other duties as may
be required by law or requested by judges of the probate courts.
Section 2. (a) The Executive Probate Judges Council of Georgia
shall be a legal entity and an agency of the State of Georgia; shall have
perpetual existence; may contract; may own property; may accept
funds, grants, and gifts from any public or private source for use in
defraying the expenses of the council in carrying out its duties; may
adopt and use an official seal; may establish a principal office at the
office of the judicial council of Georgia; may employ such administra-
tive or clerical personnel as may be necessary and appropriate to
fulfill its necessary duties; and shall have such other powers, privi-
leges, and duties as may be reasonable and necessary for the proper
fulfillment of its purposes and duties. All administrative and clerical
personnel shall be employees of the administrative office of the
courts; and shall be a part of this budget unit.
(b) The executive council shall require a sufficient bond signed
by some surety or guaranty company authorized to do business in this
state of any administrative or clerical personnel employed by the
council and empowered to handle funds of the council. The pre-
miums on such bonds shall be paid by the council from funds
appropriated or otherwise available to the council.
(c) The executive council shall establish such auditing proce-
dures as may be required in connection with the handling of public
funds. The state auditor is authorized and directed to make an
annual audit of the acts and doings of the council and to make a
complete report of the same to the General Assembly. The report
shall disclose all moneys received by the council and all expenditures
made by the council, including administrative expense. He shall also
make an audit of the affairs of the council at any time required by a
majority of the council or the Governor of the State.
1614
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. (a) The executive council shall be composed of 13
members as follows: three members from the state at large elected by
the probate judges at the annual meeting of the County Officers
Association for two-year terms and one member from each judicial
administrative district who shall be a probate judge of the probate
court and elected by the judges of the probate courts within the
district for a four-year term; provided, however, that the initial
members elected from judicial administrative districts 1, 2, and 3
shall serve for two-year terms and the initial members elected from
judicial administrative districts 4, 5, and 6 shall serve for three-year
terms. All members may succeed themselves except for the three
state-at-large members. Successors shall be elected in the same
manner as the original members immediately prior to the expiration
of each members term of office; provided, however, that the state-at-
large members shall be elected by the probate judges at the annual
meeting of the County Officers Association which occurs immediately
preceding the expiration of the state-at-large members terms of
office.
(b) In the event a vacancy occurs in the membership of the
council as a result of a death, resignation, removal, or failure of
reelection as a probate judge, the remaining members of the council
shall elect a qualified person to serve for the remainder of the
unexpired term of the member whose seat is vacant. The person
elected to fill such vacancy shall take office immediately upon elec-
tion.
Section 4. The executive council shall meet at such times and
places as it shall determine necessary or convenient to perform its
duties. The council shall annually elect a chairman and such other
officers as it shall deem necessary and shall adopt such rules for the
transaction of its business as it shall desire. The members of the
council shall receive no compensation for their services but shall be
reimbursed for their actual expenses incurred in the performance of
their duties as members of the council.
Section 5. Notwithstanding any other law, a council member
shall not be ineligible to hold the office of judge of the probate court
by virtue of his position as a member of the council.
GEORGIA LAWS 1982 SESSION
1615
Part 2
Section 6. Chapter 9 of Title 15 of the Official Code of Georgia
Annotated, relating to probate courts is amended by adding immedi-
ately following Article 4, a new article to be designated Article 5, to
read as follows:
Article 5
15-9-100. There is established the Executive Probate Judges
Council of Georgia. It shall be the duty of the council to advise and
coordinate with the Institute of Continuing Judicial Education of
Georgia concerning educational programs for probate judges and
probate judges elect, to assist probate judges in improving the opera-
tions of the probate courts, and to perform such other duties as may
be required by law or requested by judges of the probate courts.
15-9-101. (a) The Executive Probate Judges Council of
Georgia shall be a legal entity and an agency of the State of Georgia;
shall have perpetual existence; may contract; may own property; may
accept funds, grants, and gifts from any public or private source for
use in defraying the expenses of the council in carrying out its duties;
may adopt and use an official seal; may establish a principal office;
may employ such administrative or clerical personnel as may be
necessary and appropriate to fulfill its necessary duties; and shall
have such other powers, privileges, and duties as may be reasonable
and necessary for the proper fulfillment of its purposes and duties.
(b) The executive council shall require a sufficient bond signed
by some surety or guaranty company authorized to do business in this
state of any administrative or clerical personnel employed by the
council and empowered to handle funds of the council. The pre-
miums on such bonds shall be paid by the council from funds
appropriated or otherwise available to the council.
(c) The executive council shall establish such auditing proce-
dures as may be required in connection with the handling of public
funds. The state auditor is authorized and directed to make an
annual audit of the acts and doings of the council and to make a
complete report of the same to the General Assembly. The report
shall disclose all moneys received by the council and all expenditures
made by the council, including administrative expense. He shall also
make an audit of the affairs of the council at any time required by a
majority of the council or the Governor of the state.
1616
GENERAL ACTS AND RESOLUTIONS, VOL. I
15-9-102. (a) The executive council shall be composed of 13
members as follows: three members from the state at large elected by
the probate judges at the annual meeting of the County Officers
Association for two-year terms and one member from each judicial
administrative district who shall be a judge of the probate court and
elected by the judges of the probate courts within the district for a
four-year term; provided, however, that the initial members elected
from judicial administrative districts 1, 2, and 3 shall serve for two-
year terms and the initial members elected from judicial administra-
tive districts 4,5, and 6 shall serve for three-year terms. All members
may succeed themselves except for the three state at large members.
Successors shall be elected in the same manner as the original
members immediately prior to the expiration of each members term
of office; provided, however, that the state-at-large members shall be
elected by the probate judges at the annual meeting of the County
Officers Association which occurs immediately preceding the expira-
tion of the state-at-large members terms of office.
(b) In the event a vacancy occurs in the membership of the
council as a result of a death, resignation, removal, or failure of
reelection as a probate judge, the remaining members of the council
shall elect a qualified person to serve for the remainder of the
unexpired term of the member whose seat is vacant. The person
elected to fill such vacancy shall take office immediately upon elec-
tion.
15-9-104. The executive council shall meet at such times and
places as it shall determine necessary or convenient to perform its
duties. The council shall annually elect a chairman and such other
officers as it shall deem necessary and shall adopt such rules for the
transaction of its business as it shall desire. The members of the
council shall receive no compensation for their services but shall be
reimbursed for their actual expenses incurred in the performance of
their duties as members of the council.
15-9-105. Notwithstanding any other law, a council member
shall not be ineligible to hold the office of judge of the probate court
by virtue of his position as a member of the council.
Part 3
Section 7. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
GEORGIA LAWS 1982 SESSION
1617
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) (1) Part 2 of this Act shall become effective on November 1,
1982.
(2) Section 3 of 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
repealed.
Approved April 16,1982.
PROBATE COURTS RECORDS.
Code Sections 24-1804, 15-9-37 Amended.
No. 1460 (Senate Bill No. 582).
AN ACT
To amend Code Section 24-1804, relating to duties of the clerk or
judge of the probate court acting as such, as amended, so as to provide
for the combining of certain records of the probate court; to amend
the Official Code of Georgia Annotated accordingly; to provide for
effective dates and automatic repeal; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 24-1804, relating to duties of the clerk or
judge of the probate court acting as such, as amended, is amended by
striking subsection 7 thereof and inserting in its place a new subsec-
tion 7 to read as follows:
1618
GENERAL ACTS AND RESOLUTIONS, VOL. I
7. To keep fair and regular minutes of each session of the court,
entered in a suitable book, and perform such other services during
term time as the judges of the probate courts may require. Any
minutes, dockets, or other records required to be kept as records of
the probate court under subsections 7 or 8 of this Code section or
under any other law may be combined into one or more suitable
books, as the ends of justice require, but in any case shall be indexed,
permanent, economical, and accessible to the public.
Part 2
Section 2. Code Section 15-9-37 of the Official Code of Georgia
Annotated, relating to duties of clerks or probate judges acting as
clerks, is amended by striking paragraph (7) thereof and inserting in
its place a new paragraph (7) to read as follows:
(7) To keep fair and regular minutes of each session of the court
entered in a suitable book and perform such other services as the
judge may require; but any minutes, dockets, or other records
required to be kept as records of the probate court under paragraphs
(7) or (8) of this Code section or under any other law may be combined
into one or more suitable books, as the ends of justice require, but in
any case shall be indexed, permanent, economical, and accessible to
the public;.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1619
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
GAME AND FISH ALLIGATORS.
Code Sections 45-527, 27-3-19 Amended.
No. 1461 (Senate Bill No. 590).
AN ACT
To amend Code Section 45-527, relating to alligator hides, skins,
and products, so as to authorize the transportation, possession, and
sale of alligator hides, skins, or products from alligators lawfully
possessed, taken, or acquired and to require retention of documenta-
tion proving the place of origin of any such hides, skins, or meat; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide effective dates; to provide for specific repeal; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 45-527, relating to alligator hides, skins,
and products, is amended by striking in its entirety subsection (c)
thereof and substituting in lieu thereof a new subsection (c) to read as
follows:
(c) It shall be unlawful for any person to possess, buy, or sell
any untanned alligator hide or skin or alligator product in this state.
All such hides and skins are declared to be contraband and shall be
seized and disposed of as directed by the commissioner. Possession of
such untanned hides or skins or alligator products in a store, war-
ehouse, or retail place of business shall be prima-facie evidence of
1620
GENERAL ACTS AND RESOLUTIONS, VOL. I
violation of this subsection. This subsection shall not apply to alliga-
tor products made from hides or skins of alligators produced on farms
licensed under this Title or from hides or skins of alligators lawfully
possessed, taken, or acquired outside of this state, nor shall any
provision of this subsection be construed so as to prohibit the
preparation, processing, or manufacturing of such commercially
grown or lawfully possessed, taken, or acquired alligator hides or meat
or the storage or sale of products made therefrom.,
and by adding at the end of said Code Section 45-527 a new subsec-
tion (e) to read as follows:
(e) Any person who possesses any untanned alligator hide, skin,
or meat from any place in which the taking of alligators is lawful or
from an alligator farm licensed under this Title shall retain such
receipts, invoices, bills of lading, or other indicia of lawful possession,
taking, or acquisition as are necessary to indicate clearly at all times
the place of origin of the specific untanned alligator hides, skins, or
meats possessed.
Part 2
Section 2. Section 27-3-19 of the Official Code of Georgia
Annotated, relating to alligator hides, skins, and products, is
amended by striking in its entirety subsection (c) thereof and substi-
tuting in lieu thereof a new subsection (c) to read as follows:
(c) It shall be unlawful for any person to possess, buy, or sell
any untanned alligator hide or skin or alligator product in this state.
All such hides and skins are declared to be contraband and shall be
seized and disposed of as directed by the commissioner. Possession of
such untanned hides or skins or alligator products in a store, war-
ehouse, or retail place of business shall be prima-facie evidence of
violation of this subsection. This subsection shall not apply to alliga-
tor products made from hides or skins of alligators produced on farms
licensed under this title or from hides or skins of alligators lawfully
possessed, taken, or acquired outside of this state, nor shall any
provision of this subsection be construed so as to prohibit the
preparation, processing, or manufacturing of such commercially
grown or lawfully possessed, taken, or acquired alligator hides or the
storage or sale of products made therefrom.,
GEORGIA LAWS 1982 SESSION
1621
and by adding at the end of said Code Section 27-3-19 a new
subsection (e) to read as follows:
(e) Any person who possesses any untanned alligator hide, skin,
or meat from any place in which the taking of alligators is lawful or
from an alligator farm licensed under this title shall retain such
receipts, invoices, bills of lading, or other indicia of lawful possession,
taking, or acquisition as are necessary to indicate clearly at all times
the place of origin of the specific untanned alligator hides, skins, or
meats possessed.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
f
Approved April 16,1982.
STATE BOARD OF PODIATRY EXAMINERS.
Code Section 84-602 Amended.
Code Title 43, Chapter 35 Amended.
No. 1462 (Senate Bill No. 592).
AN ACT
To amend Code Section 84-602, re-creating the State Board of
Podiatry Examiners, as amended, so as to continue the board and the
1622
GENERAL ACTS AND RESOLUTIONS, VOL. I
laws relating thereto but to provide for the later termination of the
board and those laws; to amend Chapter 35 of Title 43 of the Official
Code of Georgia Annotated, relating to podiatrists, so as to provide
for the same changes described above as well as to change the
definition of podiatry and prohibit certain procedures relating
thereto; to change certain provisions relating to amputations, surgery,
and the use of anesthetic; to provide for continuing education; to
remove certain prohibitions regarding corporate, mobile, or commer-
cial practice; to provide for effective dates and automatic repeal; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 84-602, re-creating the State Board of
Podiatry Examiners, as amended, is amended by adding at the end
thereof a new paragraph to read as follows:
Pursuant to Section 9 of The Act Providing for the Review,
Continuation, Reestablishment or Termination of Regulatory Agen-
cies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or
hereafter amended, the State Board of Podiatry Examiners and the
laws relating thereto are hereby continued until July 1,1988, 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.
GEORGIA LAWS 1982 SESSION
1623
Part 2
Section 2. Chapter 35 of Title 43 of the Official Code of Georgia
Annotated, relating to podiatrists, is amended by striking paragraph
(2) of Code Section 43-35-1 and inserting in its place a new paragraph
(2) to read as follows:
(2) Podiatry (chiropody) means performing, for a fee or other
compensation received directly or indirectly, any examination, diag-
nosis, or medical, surgical, mechanical, manipulative, or electrical
treatment of diseases, ailments, injuries, or abnormal conditions of
the human foot or leg, except that podiatry shall not include the
performing of and a podiatrist shall not perform (A) any surgical
procedure under general anesthesia, unless administered by or under
the direction of a qualified anesthesiologist licensed to practice
medicine under Chapter 34, or (B) any amputation.
Section 3. Said chapter is further amended by adding at the end
of Code Section 43-35-7 a new subsection (f) to read as follows:
(f) The board, in its discretion, may require that licensees
under this chapter meet board specified continuing education
requirements as a prerequisite for license renewal.
Section 3.1. Said chapter is further amended by striking Code
Section 43-35-10, which reads as follows:
43-35-10. No podiatrist shall perform any amputation or use any
anesthetic other than local.
Section 4. Said chapter is further amended by striking Code
Section 43-35-11, which reads as follows:
It shall be unlawful for any person or persons to incorporate
under the laws of this state for the purpose of practicing podiatry,
provided that this restriction shall not apply to accredited podiatry
colleges whose students are receiving their practical training under
the personal supervision of licensed podiatrists. It shall be unlawful
for any foreign corporation organized for such purpose to attempt to
practice podiatry in this state. Any podiatrist must practice in an
ethical, professional office and not in, or as a part of, any corporation,
or in any unauthorized mobile vehicle, or in direct connection with, or
employment by, any commercial establishment other than a hospital,
approved clinic, or recognized, accredited college of podiatry.
1624
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. Said chapter is further amended by striking Code
Section 43-35-14 and inserting in its place a new Code Section 43-35-
14 to read as follows:
43-35-14. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies the State Board of Podiatry Examin-
ers shall be terminated on July 1,1988, and this chapter and any other
laws relating to such board shall be repealed in their entirety effective
on the date specified in Code Section 43-2-8.
Part 3
Section 6. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
MOTOR VEHICLE INSURANCE POLICIES.
Code Sections 56-414, 68C-608,
33-7-15, 40-9-103 Amended.
No. 1463 (Senate Bill No. 593).
AN ACT
To amend Code Chapter 56-4, relating to kinds of insurance,
reinsurance, and limits of risk, as amended, so as to provide that no
GEORGIA LAWS 1982 SESSION
1625
motor vehicle liability insurance policy covering a motor vehicle
principally garaged or principally used in this state shall be issued,
delivered or issued for delivery, or renewed in this state unless such
policy contains certain provisions; to provide that noncompliance by
the insured with such policy provisions shall constitute a breach of
the insurance contract which, if prejudicial to the insurer, shall relieve
the insurer of certain obligations; to amend Code Chapter 68C-6,
relating to other provisions pertaining to financial responsibility, so
as to provide that no compulsory motor vehicle liability insurance
policy or assigned risk motor vehicle liability insurance policy cover-
ing a motor vehicle principally garaged or principally used in this
state shall be issued, delivered or issued for delivery, or renewed in
this state unless such policy contains certain provisions; to provide
that noncompliance by the insured with such policy provisions shall
constitute a breach of the insurance contract which, if prejudicial to
the insurer, shall relieve the insurer of certain obligations; to provide
for conditions and exceptions; to provide for other matters relative to
the foregoing; to amend the Official Code of Georgia Annotated
accordingly; to provide for effective dates; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 56-4, relating to kinds of insurance,
reinsurance, and limits of risk, as amended, is amended by adding a
new Code Section 56-414 at the end thereof to read as follows:
56-414. (a) No motor vehicle liability insurance policy covering a
motor vehicle principally garaged or principally used in this state
shall be issued, delivered or issued for delivery, or renewed in this
state unless such policy contains provisions or has an endorsement
thereto which specifically requires the insured to send his insurer, as
soon as practicable after the receipt thereof, a copy of every summons
or other process relating to the coverage under the policy and to
cooperate otherwise with the insurer in connection with the defense of
any action or threatened action covered under the policy.
1626
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Noncompliance by the insured with this required provision
or endorsement shall constitute a breach of the insurance contract
which, if prejudicial to the insurer, shall relieve the insurer of its
obligation to defend its insureds under the policy and of any liability
to pay any judgment or other sum on behalf of its insureds.
In the event the insuror denies coverage and it is determined by
declaratory judgment or other civil process that there is in fact
coverage, the insuror shall be liable to the insured for legal cost and
attorneys fees as may be awarded by the court.
(c) Subsections (a) and (b) of this Code section shall not operate
to deny coverage for failure to send a copy of a summons or other
process relating to policy coverage if such documents are sent by a
third party to the insurer or to the insurers agent by certified mail
within ten days of the filing of such documents with the clerk of the
court. If the name of the insurer or the insurers agent is unknown,
the third party shall have a period of 30 days from the date the insurer
or agent becomes known in which to send these required documents.
Such documents must be sent to the insurer or agent at least 30 days
prior to the entry of any judgment against the insured.
Section 2. Code Chapter 68C-6, relating to other provisions
pertaining to financial responsibility, is amended by adding a new
Code Section 68C-608 at the end thereof to read as follows:
68C-608. (a) No motor vehicle liability insurance policy covering
a motor vehicle principally garaged or principally used in this state
shall be issued, delivered or issued for delivery, or renewed in this
state unless such policy contains provisions or has an endorsement
thereto which specifically requires the insured to send his insurer, as
soon as practicable after the receipt thereof, a copy of every summons
or other process relating to the coverage under the policy and to
cooperate otherwise with the insurer in connection with the defense of
any action or threatened action covered under the policy.
(b) Noncompliance by the insured with this required provision
or endorsement shall constitute a breach of the insurance contract
which, if prejudicial to the insurer, shall relieve the insurer of its
obligation to defend its insureds under the policy and of any liability
to pay any judgment or other sum on behalf of its insureds.
GEORGIA LAWS 1982 SESSION
1627
In the event the insuror denies coverage and it is determined by
declaratory judgment or other civil process that there is in fact
coverage, the insuror shall be liable to the insured for legal cost and
attorneys fees as may be awarded by the court.
(c) Subsections (a) and (b) of this Code section shall not operate
to deny coverage for failure to send a copy of a summons or other
process relating to policy coverage if such documents are sent by a
third party to the insurer or to the insurers agent by certified mail
within ten days of the filing of such documents with the clerk of the
court. If the name of the insurer or the insurers agent is unknown,
the third party shall have a period of 30 days from the date the insurer
or agent becomes known in which to send these required documents.
Such documents must be sent to the insurer or agent at least 30 days
prior to the entry of any judgment against the insured.
Part 2
Section 3. Chapter 7 of Title 33 of the Official Code of Georgia
Annotated, relating to kinds of insurance, limits of risk, and reinsur-
ance, is amended by adding a new Code Section 33-7-15 at the end
thereof to read as follows:
33-7-15. (a) No motor vehicle liability insurance policy cover-
ing a motor vehicle principally garaged or principally used in this
state shall be issued, delivered or issued for delivery, or renewed in
this state unless such policy contains provisions or has an endorse-
ment thereto which specifically requires the insured to send his
insurer, as soon as practicable after the receipt thereof, a copy of
every summons or other process relating to the coverage under the
policy and to cooperate otherwise with the insurer in connection with
the defense of any action or threatened action covered under the
policy.
(b) Noncompliance by the insured with this required provision
or endorsement shall constitute a breach of the insurance contract
which, if prejudicial to the insurer, shall relieve the insurer of its
obligation to defend its insureds under the policy and of any liability
to pay any judgment or other sum on behalf of its insureds.
In the event the insuror denies coverage and it is determined by
declaratory judgment or other civil process that there is in fact
coverage, the insuror shall be liable to the insured for legal cost and
attorneys fees as may be awarded by the court.
1628
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Subsections (a) and (b) of this Code section shall not operate
to deny coverage for failure to send a copy of a summons or other
process relating to policy coverage if such documents are sent by a
third party to the insurer or to the insurers agent by certified mail
within ten days of the filing of such documents with the clerk of the
court. If the name of the insurer or the insurers agent is unknown,
the third party shall have a period of 30 days from the date the insurer
or agent becomes known in which to send these required documents.
Such documents must be sent to the insurer or agent at least 30 days
prior to the entry of any judgment against the insured.
Section 4. Article 5 of Chapter 9 of Title 40 of the Official Code
of Georgia Annotated, relating to assigned risk plans, self-insurers,
and spot insurance, is amended by adding a new Code Section 40-9-
103 at the end thereof to read as follows:
40-9-103. (a) No motor vehicle liability insurance policy cov-
ering a motor vehicle principally garaged or principally used in this
state shall be issued, delivered or issued for delivery, or renewed in
this state unless such policy contains provisions or has an endorse-
ment thereto which specifically requires the insured to send his
insurer, as soon as practicable after the receipt thereof, a copy of
every summons or other process relating to the coverage under the
policy and to cooperate otherwise with the insurer in connection with
the defense of any action or threatened action covered under the
policy.
(b) Noncompliance by the insured with this required provision
or endorsement shall constitute a breach of the insurance contract
which, if prejudicial to the insurer, shall relieve the insurer of its
obligation to defend its insureds under the policy and of any liability
to pay any judgment or other sum on behalf of its insureds.
In the event the insuror denies coverage and it is determined by
declaratory judgment or other civil process that there is in fact
coverage, the insuror shall be liable to the insured for legal cost and
attorneys fees as may be awarded by the court.
(c) Subsections (a) and (b) of this Code section shall not operate
to deny coverage for failure to send a copy of a summons or other
process relating to policy coverage if such documents are sent by a
third party to the insurer or to the insurers agent by certified mail
within ten days of the filing of such documents with the clerk of the
GEORGIA LAWS 1982 SESSION
1629
court. If the name of the insurer or the insurers agent is unknown,
the third party shall have a period of 30 days from the date the insurer
or agent becomes known in which to send these required documents.
Such documents must be sent to the insurer or agent at least 30 days
prior to the entry of any judgment against the insured.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
GAME AND FISH CODE AMENDED.
Code Title 27 Amended.
No. 1464 (Senate Bill No. 596).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated,
known as the Game and Fish Code, so as to eliminate poisonous
snakes from the provision prohibiting the destruction or disturbance
of the habitats of wildlife; to change the provisions relating to
confiscation and seizure of property used in night hunting; to delin-
eate a new salt-water and fresh-water demarcation line for fishing
1630
GENERAL ACTS AND RESOLUTIONS, VOL. I
licenses, commercial fishing, and sport fishing; to provide an excep-
tion to the salt-water and fresh-water demarcation line for purposes
of crabbing on the Altamaha River; to provide for other matters
relative to the foregoing; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 27 of the Official Code of Georgia Annotated,
known as the Game and Fish Code, is amended by striking Code
Section 27-1-30 in its entirety and substituting in lieu thereof a new
Code Section 27-1-30 to read as follows:
27-1-30. Except as otherwise provided by law or regulation, it
shall be unlawful to disturb, mutilate, or destroy the dens, holes, or
homes of any wildlife; to blind wildlife with lights; or to use explo-
sives, chemicals, electrical or mechanical devices, or smokers of any
kind in order to drive such wildlife out of such habitats; provided that
this Code section shall not apply to poisonous snakes.
Section 2. Said title is further amended by striking subsection
(c) of Code Section 27-3-48 in its entirety and substituting in lieu
thereof a new subsection (c) to read as follows:
(c) The district attorney whose circuit includes the county in
which a seizure is made, within 30 days after the seizure of any
vehicle, boat, animal, or firearm used in the hunting of deer at night,
shall institute proceedings by petition in the superior court of any
county where the seizure was made against the property so seized and
against any and all persons having an interest in or right affected by
the seizure or sale of such property. A copy of the petition shall be
served upon the person or persons having custody or possession of the
property at the time of the confiscation or seizure and, if known, upon
any owner or lessee of the property and any person having a duly
recorded security interest in or lien upon the property. If the owner,
lessee, or person or persons having custody or possession of the
property at the time of seizure is unknown or resides out of the state
or departs the state or cannot after due diligence be found within the
state or conceals himself so as to avoid service, notice of such
proceedings shall be published once a week for two consecutive weeks
in the newspaper in which sheriffs advertisements of the county are
published. The publication shall be deemed notice to any and all
persons having an interest in or right affected by the proceeding and
GEORGIA LAWS 1982 SESSION
1631
any sale of the property resulting therefrom but shall not constitute
notice to any person having a duly recorded security interest in or lien
upon such property and required to be served under this Code section
unless that person is unknown or resides out of the state or departs
the state or cannot after due diligence be found within the state or
conceals himself so as to avoid service. If no defense or intervention
shall be filed within 30 days from the filing of the petition, judgment
by default shall be entered by the court; otherwise, the case shall
proceed as other civil cases. Should it appear upon the trial of the case
or upon default that the property was so used and that such use was
with the consent, express or implied, of the owner, the property shall
be sold by order of the court sifter such advertisement as the court
may direct. The proceeds arising from the sale shall be applied:
(1) To the payment of proper costs and expenses, including
expenses incurred in the seizure;
(2) To the payment of the cost of the court and its officers;
(3) To the payment of any cost incurred in the storage,
advertisement, maintenance, or care of the property; and
(4) If any money remains, to the state treasury.
The Attorney General may, upon the request of the commissioner,
aid the district attorney in the in rem proceeding arising from any
seizure or confiscation of property.
Section 3. Said title is further amended by striking subsection
(f) of Code Section 27-3-48 in its entirety and substituting in lieu
thereof a new subsection (f) to read as follows:
(f) Any party at interest may appear, by answer under oath,
and make his defense. The owner, lessee, security interest holder, or
lienholder shall be permitted to defend by showing that the property
seized, if illegally used by another, was used without the knowledge,
connivance, or consent, expressed or implied, of the owner, lessee,
security interest holder, or lienholder. The holder of any bona fide
lien on or security interest in the property shall be protected to the
full extent of his lien or security interest, respectively; provided,
however, that nothing contained in this Code section shall be con-
strued to obligate the district attorney whose circuit includes the
county in which a seizure is made beyond the proceeds of any such
sale less the actual costs incurred by him.
1632
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. Said title is further amended by striking Code Section
27-4-1 in its entirety and substituting in lieu thereof a new Code
Section 27-4-1 to read as follows:
27-4-1. (a) The line established in this state as the separation
point between salt waters and fresh waters for fishing licenses,
commercial fishing, and sport fishing is as follows:
(1) The point at which U.S. Highway 17 crosses the follow-
ing bodies of water and their tributaries shall be the line of
demarcation for them: St. Marys River, Satilla River , South
Altamaha River, Champney River, Butler River, Darien River,
and Little Ogeechee System , except Salt Creek, North Newport
River, Medway River, Big Ogeechee River, and Savannah River.
All water seaward of these points shall be considered salt water;
and
(2) The following streams and their tributaries are desig-
nated as salt water for their entire length: Crooked River, Little
Satilla River, South Brunswick River, Turtle River, Sapelo River,
South Newport River, Salt Creek (Little Ogeechee System), and
all other rivers, streams, and tributaries in the six coastal counties
which are not enumerated in this subsection.
(b) This Code section shall not apply to fresh-water ponds on
the seaward side of the demarcation line.
Section 5. Said title is further amended by striking subsection
(a) of Code Section 27-4-151 in its entirety and substituting in lieu
thereof a new subsection (a) to read as follows:
(a) For purposes of crabbing, that portion of the St. Marys
River and the Satilla River System (including the Satilla River and
White Oak Creek) which is seaward of the points at which the
Seaboard Coastline Railroad crosses such streams and that portion of
the Altamaha River System which is seaward of the points at which
U.S. Highway 1-95 crosses the streams of that system shall be
considered salt water. It shall be unlawful to place any crab trap in the
waters of this state other than that described as salt water in Code
Section 27-4-1 or by this subsection.
GEORGIA LAWS 1982 SESSION
1633
Section 6. This Act shall become effective on November 1,1982.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
MOTOR VEHICLES SUSPENSION OF
OPERATORS LICENSES.
Code Sections 68B-307, 40-5-57 Amended.
No. 1465 (Senate Bill No. 599).
AN ACT
To amend Code Section 68B-307, relating to the authority of the
Department of Public Safety, to suspend or revoke licenses, as
amended, so as to require the Department of Public Safety to deduct
any points assessed against an individual and to remove the uniform
traffic citation issued therefor from the records of the individual
under certain circumstances; to provide for other matters relative to
the foregoing; to amend Code Section 40-5-57 of the Official Code of
Georgia Annotated, relating to suspension or revocation of licenses, so
as to provide therein for the same changes described above; to provide
effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 68B-307, relating to the authority of the
Department of Public Safety, to suspend or revoke licenses, as
amended, is amended by striking subsection (c) of said Code section
in its entirety and substituting in lieu thereof the following:
1634
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) (1) (A) The points to be assessed for each offense shall
be as provided in the following schedule:
Reckless driving7 points
Unlawful passing of a school bus6 points
Improper passing on a hill or a curve4 points
Exceeding the speed limit by more than 11 miles per hour but
less than 16 miles per hour2 points
Exceeding the speed limit by 16 miles per hour or more but
less than 21 miles per hour3 points
Exceeding the speed limit by 21 miles per hour or more but
less than 31 miles per hour4 points
Exceeding the speed limit by 31 miles per hour or more6
points
Disobedience of any traffic-control device or traffic officer3
points
All other moving traffic violations which are not speed limit
violations3 points.
(B) The Commissioner shall suspend the drivers
license of any person who has accumulated a violation point
count of 15 or more points in any consecutive 24-month
period: Provided that a second or subsequent plea of nolo
contendere, within the preceding five years, to a charge of
committing an offense listed in this subsection (c) shall be
considered a conviction for the purposes of this Section. At
the end of the period of suspension, the violation point count
shall be reduced to 0 points.
(2) Any points assessed against an individual for exceeding
the speed limit shall be deducted from that individuals accumu-
lated violation point count and the uniform traffic citation issued
therefor shall be removed from the individuals record if:
GEORGIA LAWS 1982 SESSION
1635
(A) The points were assessed based on the use of a
radar speed detection device by a county or municipality
during a period of time when the Commissioner has deter-
mined that such county or municipality was operating a radar
speed detection device in violation of an Act providing for the
use of radar speed detection devices by counties and munici-
palities, approved March 27, 1968 (Ga. L. 1968, p. 425), as
amended, and
(B) The Commissioner has suspended or revoked the
radar speed detection device permit of such county or munici-
pality pursuant to Section 8 of said Act.
Part 2
Section 2. Code Section 40-5-57 of the Official Code of Georgia
Annotated, relating to suspension or revocation of licenses, is
amended by striking subsection (c) of said Code section in its entirety
and substituting in lieu thereof the following:
(c) (1) (A) The points to be assessed for each offense shall
be as provided in the following schedule:
Reckless driving......................7 points
Unlawful passing of a school bus......6 points
Improper passing on a hill or a curve.4 points
Exceeding the speed limit by more than 11 miles
per hour but less than 16 miles per
hour................................2 points
Exceeding the speed limit by 16 miles per hour
or more but less than 21 miles per hour
3 points
Exceeding the speed limit by 21 miles per hour
or more but less than 31 miles per hour
4 points
1636
GENERAL ACTS AND RESOLUTIONS, VOL. I
Exceeding the speed limit by 31 miles per hour
or more.......................,;......6 points
Disobedience of any traffic-control device or
traffic officer.......................3 points
All other moving traffic violations which are not
speed limit violations................3 points
(B) The commissioner shall suspend the drivers
license of any person who has accumulated a violation point
count of 15 or more points in any consecutive 24 month
period. A second or subsequent plea of nolo contendere,
within the preceding five years, to a charge of committing an
offense listed in this subsection shall be considered a convic-
tion for the purposes of this Code section. At the end of the
period of suspension, the violation point count shall be
reduced to zero points.
(2) Any points assessed against an individual for exceeding
the speed limit shall be deducted from that individuals accumu-
lated violation point count and the uniform traffic citation issued
therefor shall be removed from the individuals record if:
(A) The points were assessed based on the use of a
radar speed detection device by a county or municipality
during a period of time when the commissioner has deter-
mined that such county or municipality was operating a radar
speed detection device in violation of Chapter 40-14 of the
Official Code of Georgia Annotated, relating to the use of
radar speed detection devices; and
(B) The commissioner has suspended or revoked the
radar speed detection device permit of such county or munici-
pality pursuant to Code Section 40-14-11.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
GEORGIA LAWS 1982 SESSION
1637
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
BUILDING AND CONSTRUCTION STANDARDS.
Code Title 8, Chapter 2 Amended.
No. 1466 (Senate Bill No. 602).
AN ACT
To amend Chapter 2 of Title 8 of the Official Code of Georgia
Annotated, relating to standards and requirements for the construc-
tion and alteration of buildings and other structures, so as to provide
for the certification of industrialized buildings and for the establish-
ment of uniform health and safety standards and inspection proce-
dures for industrialized buildings; to provide for findings and for the
purpose of this Act; to provide for definitions; to provide for the
regulation of industrialized buildings; to provide for application and
scope and for the promulgation of rules and regulations to interpret
and make specific the provisions provided herein; to provide for the
approval of out-of-state industrialized buildings; to provide for
appeals; to provide for injunctive relief; to provide for civil courses of
action; to provide for penalties; to provide for other matters relative
to the foregoing; to provide for exceptions; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
1638
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Chapter 2 of Title 8 of the Official Code of Georgia
Annotated, relating to standards and requirements for the construc-
tion and alteration of buildings and other structures, is amended by
striking in its entirety Part 1 of Article 2 and inserting in lieu thereof a
new Part 1 to read as follows:
8-2-110. The General Assembly finds that, in an effort to meet
the building needs within the state, the private construction industry
has developed mass production techniques which can substantially
reduce construction costs and that the mass production of buildings
presents unique problems with respect to the establishment of uni-
form health and safety standards and inspection procedures. The
General Assembly further finds that, by minimizing the problems of
standards and inspection procedures, it is demonstrating its intention
to encourage the reduction of building construction costs and to make
building and home ownership more feasible for all residents of the
state.
8-2-111. As used in this part, the term:
(1) Commissioner means the commissioner of community
affairs.
(2) Component means any assembly, subassembly, or com-
bination of parts for use as a part of a building, which may include
structural, electrical, plumbing, mechanical, and fire protection
systems and other systems affecting health and safety.
(3) Industrialized building means any structure or compo-
nent thereof which is wholly or in substantial part made, fabri-
cated, formed, or assembled in manufacturing facilities for instal-
lation or assembly and installation on a building site and has been
manufactured in such a manner that all parts or processes cannot
be inspected at the installation site without disassembly, damage
to, or destruction thereof.
(4) Installation means the assembly of an industrialized
building on site and the process of affixing the industrialized
building, component, or system to land, a foundation, footings, or
an existing building.
(5) Local government means a county or municipality of
this state.
GEORGIA LAWS 1982 SESSION
1639
(6) Manufacture means the process of making, fabricating,
constructing, forming, or assembling a product from raw, unfin-
ished, or semifinished materials.
(7) Site means the entire tract, subdivision, or parcel of
land on which the industrialized building is installed.
(8) System means structural, plumbing, mechanical, elec-
trical, or fire safety elements, materials, or components used
separately or combined for use in a building.
(9) Temporary structure means a building not designed to
be mounted on a permanent foundation and is only intended to be
used during the time permanent facilities are being constructed.
A temporary structure shall not include a structure used as a
dwelling.
8-2-112. (a) (1) An industrialized building manufactured
after the effective date of the rules adopted pursuant to Code
Section 8-2-113 which is sold, offered for sale or installed within
this state must bear the insignia of approval issued by the commis-
sioner.
(2) This Code section shall not apply to industrialized
buildings which are inspected and approved by a local government
which has jurisdiction at the site of installation and which are
inspected at the place of and during the time of manufacture in
accordance with standards established by the commissioner. The
cost of the inspection shall be borne by the manufacturer. The
commissioner shall be notified of the installation of all such
buildings in a manner as the commissioner shall prescribe by rule.
(b) (1) All industrialized buildings bearing an insignia of
approval issued by the commissioner pursuant to this part shall be
held to comply with the requirements of all ordinances or regula-
tions enacted by any local government which are applicable to the
manufacture or installation of such buildings. The determination
by the commissioner of the scope of such approval is final.
(2) No industrialized buildings or component bearing an
insignia of approval issued by the commissioner pursuant to this
part shall be in any way modified prior to or during installation
unless approval is first obtained from the commissioner.
1640
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Industrialized buildings which have been inspected and
approved by a local government agency shall not be modified prior
to or during installation unless approval for the modification is
first obtained from the local government agency.
(c) The commissioner by rule shall establish a schedule of fees to
pay the costs incurred for the work related to administration and
enforcement of this Code section.
(d) All rules and regulations promulgated by the commissioner
under this part shall be adopted pursuant to Chapter 13 of Title 50.
8-2-113. (a) The commissioner shall promulgate rules and reg-
ulations to interpret and make specific the provisions of this part.
These rules and regulations shall include provisions imposing
requirements reasonably consistent with recognized, nationally
accepted standards. The commissioner shall adopt other rules and
regulations necessary to carry out the provisions of this part.
(b) The commissioner shall enforce the provisions of this part
and the rules and regulations adopted pursuant hereto, except that
inspection authority may be delegated to a local government agency,
an approved inspection agency, or an agency of another state in such
manner as the commissioner shall determine.
(c) The rules promulgated by the State Building Administrative
Board pursuant to an Act providing for certification of factory-built
housing and for the establishment of uniform health and safety
standards and inspection procedures for factory-built housing,
approved April 1, 1971 (Ga. L. 1971, p. 364), as amended, shall
continue in full force and effect until the effective date of rules
adopted pursuant to this part. Units approved under the provisions
of the State Building Administrative Boards rules shall be deemed to
comply with the requirements of rules promulgated pursuant to this
part.
(d) The commissioner shall consult with and obtain the advice of
an advisory committee on industrialized buildings in the drafting,
promulgation, and revision of rules and regulations to be adopted for
the purpose of this part. The committee shall consist of 11 members
appointed by the commissioner and approved by the Governor to
serve at the commissioners pleasure. Members of said committee
shall consist of technically qualified, interested, and affected persons
GEORGIA LAWS 1982 SESSION
1641
appointed by the commissioner from the following professional,
technical, and occupational fields:
(1) One member shall be associated with the practice of
architecture;
(2) One member shall be associated with the practice of
structural engineering;
(3) One member shall be associated with building code
enforcement;
(4) One member shall be associated with the practice of
mechanical engineering or contracting;
(5) One member shall be associated with the practice of
electrical engineering or contracting;
(6) One member shall be from the industrialized building
industry;
(7) One member shall be a member of a municipal governing
body;
(8) One member shall be a member of the governing body of
a county;
(9) One member shall be associated with the industrialized
building evaluation-inspection service;
(10) One member shall be from an area planning and devel-
opment commission; and
(11) One member shall be appointed from any state agency
actively involved with housing.
(e) The advisory committee shall meet on call by the commis-
sioner, and the members of the advisory committee shall be reim-
bursed for any reasonable and necessary travel and other expenses
actually incurred by them while attending meetings of said commit-
tee.
1642
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) Recommendations from this committee shall be subject to
approval by an advisory committee appointed by the commissioner
pursuant to Code Section 8-2-24.
(g) The commissioner may set qualifications and employ and fix
the compensation of any state inspectors or other employees neces-
sary to carry out the provisions of this part. The commissioner may
authorize such state inspectors to travel within or without the state
for the purpose of inspecting industrialized buildings and manufac-
turing facilities to determine compliance of such structures with
standards promulgated pursuant to this part. Upon the request of a
local government, the commissioner may authorize a state inspector
to visit any site of installation of industrialized buildings for the
purpose of inspecting such installation on behalf of the local govern-
ment requesting such service. The cost of any inspections made
pursuant to this subsection shall be borne by the manufacturer in
such manner as the commissioner may prescribe by rule.
(h) The commissioner may establish necessary training pro-
grams for a local government enforcement agency and inspection
agency personnel.
8-2-114. (a) If the commissioner determines that the standards
for construction and inspection of industrialized buildings prescribed
by statute or rule of another state are reasonably consistent with the
standards developed by the commissioner under this part and that
such standards are actually enforced by such other state, the commis-
sioner may provide by rule that industrialized buildings approved by
such other state are approved by the commissioner.
(b) The commissioner may assign inspection authority con-
tained in this part by contract with political subdivisions of the State
of Georgia, private persons, corporations, and associations.
8-2-115. (a) Any person aggrieved by the application of any
rule or regulation to such person, which rule or regulation is promul-
gated pursuant to this part, may appeal such application of such rule
or regulation. Any such appeal shall be made to an appeals committee
appointed by the commissioner which shall consist of not less than
three nor more than five members.
(b) The commissioner may promulgate rules and regulations
pertaining to the hearing of appeals consistent with the provisions of
this Code section.
GEORGIA LAWS 1982 SESSION
1643
(c) A final decision of an appeals committee of the commissioner
may be appealed in the same manner specified in Chapter 13 of Title
50 to the same courts with the same rights and limitations specified in
such chapter.
8-2-116. The commission may obtain injunctive relief from the
superior court to enjoin the sale, delivery, or installation or to require
the repair or removal of an industrialized building upon an affidavit
specifying the manner in which the industrial building does not
conform to the requirements of this part or to rules and regulations
promulgated pursuant hereto.
8-2-117. Notwithstanding any other remedy at law, a person who
suffers an injury to his person or property or to his person and
property as a result of a violation of this part or rules and regulations
adopted pursuant hereto shall have a cause of action against the
manufacturer, installer, or manufacturer and installer of the industri-
alized building causing such injury. Any award may include damages
and the cost of litigation, including reasonable attorneys fees.
8-2-118. A person who violates any of the provisions of this part
or any rule or regulation adopted pursuant hereto shall be guilty of a
misdemeanor. A separate violation shall be deemed to have occurred
with respect to each industrialized building or component involved.
8-2-119. The provisions of this part shall not apply to Part 2 of
this article relating to mobile homes.
Section 2. This Act shall become effective upon approval by the
Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
1644
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA BOARD OF REGISTERED
PROFESSIONAL SANITARIANS.
Code Title 43, Chapter 42 Amended.
No. 1467 (Senate Bill No. 620).
AN ACT
To amend Chapter 42 of Title 43 of the Official Code of Georgia
Annotated, relating to professional sanitarians, so as to change the
membership of the Georgia Board of Registered Professional Sanitar-
ians and to provide for a quorum; to abolish the boards advisory
council but to provide for resource councils; to change certain require-
ments relating to examinations and applications therefor and provide
for licenses, certificates, and fees; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 42 of Title 43 of the Official Code of Georgia
Annotated, relating to professional sanitarians, is amended by strik-
ing Code Section 43-42-2, which reads as follows:
43-42-2. (a) There is created the Georgia Board of Registered
Professional Sanitarians, to be composed of seven members who are
citizens of the United States and legal residents of this state and who
are appointed by the Governor as provided in subsections (e) and (f)
of this Code section.
(b) No member of such board shall be appointed for more than
two consecutive terms.
(c) Vacancies on the board shall be filled by the Governor for the
unexpired term in the same manner as the original appointment.
(d) The Governor may remove any member from the board for
neglect of duty required by law or for incompetency or unprofessional
or dishonorable conduct.
(e) Six members of the board shall at all times consist of the
following:
GEORGIA LAWS 1982 SESSION
1645
(1) One registered professional sanitarian from the Depart-
ment of Agriculture;
(2) One registered professional sanitarian from a Depart-
ment of Human Resources local health department;
(3) One registered professional sanitarian from the Depart-
ment of Human Resources, state level;
(4) One registered professional sanitarian from the College
of Agriculture of the University of Georgia;
(5) One registered professional sanitarian from a unit of the
University System of Georgia other than the University of
Georgia; and
(6) One registered professional sanitarian from the indus-
tries in which registered professional sanitarians are employed.
Those persons serving as such members immediately prior to July
1, 1980, shall serve out their terms of office. Thereafter, the term of
each such member shall be for three years and until the appointment
and qualification of a successor.
(f) One member of the board shall be a consumer member who is
not a registered professional sanitarian. The initial term of the
consumer member shall begin July 1, 1980, and end June 30, 1982,
upon the appointment and qualification of a successor. Thereafter,
the term of the consumer member shall be for three years and until
the appointment and qualification of a successor. The consumer
member may vote only on matters relating to administration and
policy which do not directly relate to practical and scientific examina-
tion of registered professional sanitarians for licensing in this state.
(g) The board shall meet annually and shall elect from its
members a president and a vice-president and such other officers as
the board may deem necessary. All officers shall be elected annually
by the board for terms of one year each or until their successors shall
have been elected. The board may hold such other meetings during
the year as may be necessary to transact its business.
(h) Each member of the board shall be reimbursed as provided
for in subsection (f) of Code Section 43-1-2.,
1646
GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in its place a new Code Section 43-42-2 to read as
follows:
43-42-2. (a) There is created the Georgia Board of Registered
Professional Sanitarians, to be composed of eight members who are
legal residents of this state and who are appointed by the Governor as
provided in subsections (e) and (f) of this Code section.
(b) No member of such board shall be appointed for more than
two consecutive terms.
(c) Vacancies on the board shall be filled by the Governor for the
unexpired term in the same manner as the original appointment.
(d) The Governor may remove any member from the board for
neglect of duty required by law or for incompetency or unprofessional
or dishonorable conduct.
(e) Eight members of the board shall at all times consist of the
following:
(1) One registered professional sanitarian from the Georgia
Department of Agriculture, district level, and the member serving
as the registered professional sanitarian from the Georgia Depart-
ment of Agriculture immediately prior to the effective date of this
Code section shall be deemed to be the district level member from
that department. Upon the expiration of that members term,
successors shall be appointed from the Georgia Department of
Agriculture, district level;
(2) One registered professional sanitarian from the Georgia
Department of Agriculture, state level, who shall be appointed for
an initial term beginning November 1,1982, and ending December
31,1984, and until the appointment and qualification of a succes-
sor. Thereafter, successors shall serve for terms of three years and
until their successors are appointed and qualified;
(3) One registered professional sanitarian from a Depart-
ment of Human Resources local health department;
(4) One registered professional sanitarian from the Depart-
ment of Human Resources, state level;
GEORGIA LAWS 1982 SESSION
1647
(5) One registered professional sanitarian from the College
of Agriculture of the University of Georgia;
(6) One registered professional sanitarian from the Univer-
sity System of Georgia other than the University of Georgia; and
(7) One registered professional sanitarian who is not an
employee of government.
Those persons serving as such members immediately prior to July
1, 1980, shall serve out their terms of office. Thereafter, the term of
each such member shall be for three years and until the appointment
and qualification of a successor.
(8) One member of the board shall be a consumer member
who is not a registered professional sanitarian. The initial term of
the consumer member shall begin July 1,1980, and end June 30,
1982, upon the appointment and qualification of a successor.
Thereafter, the term of the consumer member shall be for three
years and until the appointment and qualification of a successor.
(f) The board shall meet annually and shall elect from its
members a president and a vice-president and such other officers as
the board may deem necessary. All officers shall be elected annually
by the board for terms of one year each or until their successors shall
have been elected. The board may hold such other meetings during
the year as may be necessary to transact its business. Five members
of the eight board members shall constitute a quorum.
(g) Each member of the board shall be reimbursed as provided
for in subsection (f) of Code Section 43-1-2.
Section 2. Said chapter is further amended by striking from
paragraph (12) of Code Section 43-42-3, relating to powers and duties
of the board, the following:
; and,
and inserting in its place a semicolon, and by striking the period in
paragraph (13) and inserting in its place the following:
1648
GENERAL ACTS AND RESOLUTIONS, VOL. I
and by adding a new paragraph (14) thereafter to read as follows:
(14) To appoint, at such times as it deems necessary, one or
more resource councils consisting of nonboard members to serve at
the pleasure of the board and provide assistance to the board in
carrying out its duties, provided that at no time shall the membership
of any such council exceed six persons, nor shall the members thereof
receive any compensation, allowances, or expenses for services
thereon.
Section 3. Said chapter is further amended by striking in its
entirety Code Section 43-42-4, which reads as follows:
43-42-4. (a) There is established an advisory council of 11
members, which council shall consist at all times of one representative
from each of the following organizations, agencies, professions, or
offices:
(1) Georgia Environmental Health Association;
(2) Georgia Public Health Association;
(3) Two members from industries that employ registered
professional sanitarians;
(4) Department of Agriculture;
(5) Department of Human Resources;
(6) College of Agriculture of the University of Georgia;
(7) Federal Environmental Protection Agency;
(8) One doctor of veterinary medicine;
(9) One mayor who is a member of the Georgia Municipal
Association; and
(10) One county commissioner who is a member of the Asso-
ciation County Commissioners of Georgia.
(b) All advisory council members shall be appointed by the
board for terms of three years each. The board may remove any
GEORGIA LAWS 1982 SESSION
1649
member from the council for neglect of duty required by law or for
incompetency or unprofessional or dishonorable conduct. Vacancies
on the council may be filled by the board by appointment of a
member to serve the remainder of the unexpired term.
(c) The council shall meet annually on the second Monday in
September and elect a chairman, a vice-chairman, and a secretary and
shall meet at other times on call from the chairman or written
demand of five members. There shall be at least one meeting annually
with the board and such other joint meetings as deemed necessary by
the board and the council.
(d) It shall be the duty of the council to advise the board
concerning any and all matters coming within the purview of this
chapter and the enforcement thereof, which in the opinion of the
board or the council, or both, shall be deemed necessary or expedient.
(e) The members of the council shall receive no compensation.
Section 4. Said chapter is further amended by striking Code
Section 43-42-5 in its entirety and inserting in its place a new Code
Section 43-42-5 to read as follows:
43-42-5. (a) Any person desiring to be licensed as a registered
professional sanitarian in this state shall make written application to
the board to take the sanitarian examination. The application shall
include evidence that the applicant will possess, within 30 days after
the examination and as certified by the department head and dean of
applicants college or university, or already possesses a degree from a
four-year accredited college or university with a minimum of 40
quarter-hours in basic physical, biological, and sanitary sciences.
(b) The application shall be accompanied by a fee in the amount
established and published by the board.
(c) If the board determines that an applicant possesses the
proper qualifications, it shall admit the applicant to the next exami-
nation.
(d) The board shall hold at least one examination each year and
may hold such additional examinations as are necessary. The prepa-
ration, administration, and grading of examinations shall be governed
by rules prescribed by the board.
1650
GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) After each examination, the joint-secretary shall notify each
examinee of the result of his examination. Any person failing an
examination shall be admitted to any subsequent examination on
payment of the appropriate fee.
(f) The board shall issue licenses to persons who have success-
fully completed the examination and have completed two years of on-
the-job training; provided, however, that the board may accept one
year of on-the-job training where the applicant has participated in a
board approved organized training program sponsored by industry or
government. The joint-secretary shall record the new licenses and
issue a certificate of registration for the new licenses.
Section 5. This Act shall become effective November 1,1982.
Section 6. All laws and'parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
REMOVAL OF ABANDONED MOTOR VEHICLES, ETC.
Code Section 40-11-5 Amended.
No. 1468 (Senate Bill No. 623).
AN ACT
To amend 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. L. 1980, p. 995), as amended
by an Act approved March 24, 1981 (Ga. L. 1981, p. 469), so as to
provide for the fee which shall be charged for the filing of certain
affidavits; to provide for the method of providing certain notices; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide effective dates; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
1651
Be it enacted by the General Assembly of Georgia:
Part 1
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. L. 1980, p. 995), as
amended by an Act approved March 24,1981 (Ga. L. 1981, p. 469), is
amended by striking subsections (b) and (c) of Section 5 of said Act in
their entirety and inserting in lieu thereof new subsections (b) and (c)
to read as follows:
(b) (1) If, within ten days of delivery to the appropriate
address of the written demand required by subsection (a), the
owner of the abandoned motor vehicle fails to respond to such
demand or refuses to pay or if the owner of the abandoned motor
vehicle cannot be ascertained, the person removing or storing the
abandoned motor vehicle may foreclose such lien. The person
asserting such lien may move to foreclose by making an affidavit
to a court of competent jurisdiction showing all facts necessary to
constitute such lien and the amount claimed to be due. Such
affidavit shall aver that the notice requirements of Section 2 of
this Act have been complied with, and such affidavit shall also
aver that a demand for payment has been made and refused or
that the identity of the owner cannot be ascertained. The person
foreclosing shall verify the statement by oath or affirmation and
shall affix his signature thereto.
(2) Regardless of the court in which the affidavit required
by this subsection is filed, the fee for filing such affidavit shall be
$5.00 per motor vehicle upon which a lien is asserted.
(c) (1) Upon such affidavits being filed, the lien claimant shall
give the clerk or judge of the court the address (if known) of the
owner, lessor, lessee, security interest holder, and lienholder of the
abandoned vehicle. The clerk or judge of the court shall serve
notice upon such owner, lessor, lessee, security interest holder,
and lienholder of the abandoned motor vehicle of a right to a
hearing to determine if reasonable cause exists to believe that a
valid debt exists; that said hearing must be petitioned for within
ten days after receipt of such notice; and that, if no petition for
such hearing is filed within the time allowed, the lien will conclu-
sively be deemed a valid one and foreclosure thereof allowed.
1652
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Any notice required by this subsection shall be by
certified mail or, if the owner, lessor, lessee, security interest
holder, or lienholder is unknown, by posting such notice at the
county courthouse in such place where other public notices are
posted.
Part 2
Section 2. Code Section 40-11-5 of the Official Code of Georgia
Annotated, relating to the foreclosure of liens on abandoned motor
vehicles, is amended by striking paragraphs (3) and (4) of said Code
section in their entirety and inserting in lieu thereof new paragraphs
(3) and (4) to read as follows:
(3) (A) If, within ten days of delivery to the appropriate
address of the written demand required by paragraph (2) of this
Code section, the owner of the abandoned motor vehicle fails to
respond to such demand or refused to pay, or if the owner of the
abandoned motor vehicle cannot be ascertained, the person
removing or storing the abandoned motor vehicle may foreclose
such lien. The person asserting such lien may move to foreclose by
making an affidavit to a court of competent jurisdiction showing
all facts necessary to constitute such lien and the amount claimed
to be due. Such affidavit shall aver that the notice requirements of
Code Section 40-11-2 have been complied with, and such affidavit
shall also aver that a demand for payment has been made and
refused or that the identity of the owner cannot be ascertained.
The person foreclosing shall verify the statement by oath or
affirmation and shall affix his signature thereto.
(B) Regardless of the court in which the affidavit
required by this paragraph is filed, the fee for filing such
affidavit shall be $5.00 per motor vehicle upon which a lien is
asserted.
(4) (A) Upon such affidavits being filed, the lien claimant
shall give the clerk or judge of the court the address (if
known) of the owner, lessor, lessee, security interest holders,
and lienholders of the abandoned vehicle. The clerk or judge
of the court shall serve notice upon such owner, lessor, lessee,
security interest holders, and lienholders of the abandoned
motor vehicle of a right to a hearing to determine if reason-
able cause exists to believe that a valid debt exists; that such
GEORGIA LAWS 1982 SESSION
1653
hearing must be petitioned for within ten days after receipt of
such notice; and that, if no petition for such hearing is filed
within the time allowed, the lien will conclusively be deemed a
valid one and foreclosure thereof allowed.
(B) Any notice required by this paragraph shall be by
certified mail or, if the owner, lessor, lessee, security interest
holder, or lienholder is unknown, by posting such notice at the
county courthouse in such place where other public notices
are posted.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
ELECTIONS RECALL OF PUBLIC OFFICIALS.
Code Sections 21-4-6, 21-4-7 Amended.
No. 1469 (Senate Bill No. 639).
AN ACT
To amend Chapter 4 of Title 21 of the Official Code of Georgia
Annotated, relating to elections for the recall of public officials, so as
1654
GENERAL ACTS AND RESOLUTIONS, VOL. I
to require additional information to be written or printed on the
recall petition; to require certain information to be read by, or read to,
each person who signs a petition; to change the form of the affidavit of
the circulator of the recall petition; 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. Chapter 4 of Title 21 of the Official Code of Georgia
Annotated, relating to elections for the recall of public officials, is
amended by striking Code Section 21-4-6, relating to forms, in its
entirety and inserting in lieu thereof a new Code Section 21-4-6 to
read as follows:
21-4-6. (a) The form of the recall petition shall be substan-
tially as follows:
RECALL PETITION
(Official application no.)
(County or city)
To____________________________________
(Name of election superintendent)
(Address)
(City, state, ZIP Code)
We, the electors registered to vote in the recall election herein
petitioned, demand the recall of__________________(Name and office)
for the following specific reasons:
GEORGIA LAWS 1982 SESSION
1655
Name
(Six lines for listing)
Date of Residence County of
Signing Address Residence
(Signature) (Number and Street
or route)
Printed name (City)
of elector
(Fifteen lines for signatures and printed names)
(b) The following statements shall be written or printed on each
petition and each signer must read, or be read, the following state-
ments:
(1) Any person who gives or receives money or any other
thing of value for signing a recall petition or for signing an
affidavit of signature withdrawal shall be guilty of a misdemeanor;
(2) If (insert appropriate number) electors sign this peti-
tion, there will be an election at which a majority of the electors
voting therein will determine whether the above-named official
will be removed from office.
Section 2. Said chapter is further amended by striking Code
Section 21-4-7, relating to procedures for circulating recall petitions,
in its entirety and inserting in lieu thereof a new Code Section 21-4-7
to read as follows:
21-4-7. (a) All signers of a single recall petition shall be
electors who are registered and eligible to vote in the recall election
and who reside in the electoral district of the officer sought to be
recalled. When a petition for the recall of a public official is circulated
in more than one county, each sheet of the petition shall bear the
name of the county in which it is circulated, and only electors of the
designated county may sign such sheet.
1656
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Every elector signing a recall petition shall do so in the
presence of the person circulating the petition, who is to execute the
affidavit of verification on the reverse side of the petition form. At the
time of signing, the elector shall sign his name, and such elector or the
person circulating the petition shall print the name of the elector
below the electors signature and shall print or write in the appropri-
ate spaces following the signature the electors residence address,
giving number and street or route and city, the name of the county,
and the date on which the elector signed the petition.
(c) If an elector is incapable of signing his own name, he may
specifically request the circulator of the petition to sign and print his
name and complete the information required on the petition sheet to
accompany the signature; provided, however, that the circulator shall
also sign his name beside the printed name of such elector.
(d) The person before whom the electors signed the recall peti-
tion shall verify, in an affidavit subscribed and sworn to by him before
a notary public, that each of the names on the petition form was
signed in his presence on the date indicated and that in his belief each
signer was an elector of the electoral district of the officer sought to be
recalled.
(e) The affidavit printed on the reverse side of each recall
petition form shall be in the following form:
AFFIDAVIT OF CIRCULATOR
State of Georgia
County of______________
Under the penalty of a misdemeanor, punishable by a fine not to
exceed $1,000.00 or by imprisonment not to exceed 12 months, or
both, I do depose and say that I am an elector registered to vote in
the recall election herein petitioned for and that each petitioner
signed or caused to be signed the foregoing petition in my presence
on the date indicated; and I believe that each signers name and
residence address are correctly stated, and that each signer is an
elector of the electoral district in which such recall election will be
GEORGIA LAWS 1982 SESSION
1657
conducted, and that each signer must read, or be read, the re-
quired statements which are also set out on each petition.
(Signature of affiant)___________
(Residence address)______________
(Number and street or route)
(City)
Subscribed and sworn to before me this_________day of__________,
19 .
Notary public
________, Georgia
My commission expires on the__________day of__________, 19 .
(f) An elector may change the way his signature and residence
address appear on a recall petition at any time prior to the filing of the
petition for verification by striking through his name and initialing
the strike-through and re-signing the petition with his printed name
corrected accordingly.
Section 3. This Act shall become effective on November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
1658
GENERAL ACTS AND RESOLUTIONS, VOL. I
BOND FORFEITURES.
Code Sections 17-6-70, 17-6-72 Amended.
No. 1470 (Senate Bill No. 644).
AN ACT
To amend Chapter 6 of Title 17 of the Official Code of Georgia
Annotated, relating to bonds and recognizances, so as to change the
provisions relating to proceedings for forfeiture of bonds or recogni-
zances; to provide that judgment of forfeiture shall not be entered in
cases where the defendant has not been brought to trial for a period of
three 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. Chapter 6 of Title 17 of the Official Code of Georgia
Annotated, relating to bonds and recognizances, is amended by
striking Code Section 17-6-70 in its entirety and inserting in lieu
thereof a new Code Section 17-6-70 to read as follows:
17-6-70. Upon the failure of any principal in any bond or
recognizance given by a person charged with a penal offense to appear
or of a witness to appear and testify, the prosecuting attorney shall
proceed to forfeit such bond or recognizance.
Section 2. Said chapter is further amended by adding at the end
of Code Section 17-6-72 a new subsection, to be designated subsection
(d), to read as follows:
(d) No judgment shall be rendered decreeing the forfeiture of
any appearance bond if the defendant has not been brought to trial
for a period of three years after the date of posting bond.
Section 3. This Act shall become effective November 1,1982.
GEORGIA LAWS 1982 SESSION
1659
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
SHERIFFS FEES.
Code Sections 24-2823, 15-16-21 Amended.
No. 1471 (Senate Bill No. 655).
AN ACT
To amend Code Section 24-2823, relating to sheriffs fees, as
amended, so as to change certain fees of the sheriffs; to amend the
Official Code of Georgia Annotated accordingly; to provide effective
dates; to provide for automatic repeal of certain provisions of this Act;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Section 24-2823, relating to sheriffs fees, as
amended, is amended by striking therefrom the following:
Serving copy of process and returning
original, per copy..................................$15.00,
and inserting in lieu thereof the following:
Serving copy of process and returning
original, per copy..................................$20.00.
Section 2. Said Code section is further amended by striking
therefrom the following:
1660
GENERAL ACTS AND RESOLUTIONS, VOL. I
Executing and returning any warrant............... 15.00
Serving any warrant.................................. 15.00,
and inserting in lieu thereof the following:
Executing and returning any warrant............... 20.00
Serving any warrant.................................. 20.00.
Part 2
Section 3. Code Section 15-16-21 of the Official Code of Georgia
Annotated, relating to fees of sheriffs, is amended by striking in its
entirety paragraph (1) of subsection (b) and inserting in lieu
thereof a new paragraph (1) to read as follows:
(1) Serving copy of process and returning
original, per copy...............$20.00.
Section 4. Said Code section is further amended by striking in
their entirety paragraphs (5) and (6) of subsection (c) and inserting in
lieu thereof new paragraphs (5) and (6) to read as follows:
(5) Executing and returning any warrant ....
20.00
(6) Serving any warrant...........20.00.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1661
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16, 1982.
PROMOTIONAL CONTESTS LOTTERIES.
Code Sections 26-2701, 26-2714,
16-12-20, 16-12-36 Amended.
No. 1472 (Senate Bill No. 661).
AN ACT
To amend Code Chapter 26-27, relating to gambling and related
criminal offenses, as amended, so as to legalize and regulate operation
of certain promotional contests under certain conditions; to provide
for unlawful promotional contests; to declare crimes and penalties; to
provide for civil remedies and for civil enforcement; to provide for all
related matters; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 26-27, relating to gambling and related
criminal offenses, as amended, is amended by striking subsection (d)
of Code Section 26-2701 and inserting in its place a new subsection to
read as follows:
(d) Lottery. A lottery is any scheme or procedure whereby one
or more prizes are distributed by chance among persons who have
paid or promised consideration for a chance to win such prize,
whether such scheme or procedure is called a pool, lottery, raffle, gift,
gift enterprise, sale or policy game, or by some other name. A lottery
1662
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall not mean a promotional contest which is declared to be lawful by
Code Section 26-2714 or a scheme whereby a business gives away
prizes to persons selected by lot, if such prizes are made on the
following conditions:
(1) such prizes are conducted as advertising and promo-
tional undertakings, in good faith, solely for the purpose of
advertising the goods, wares and merchandise of such business;
and
(2) no person to be eligible to receive such prize shall be
required to:
(i) pay any tangible consideration to the operator of
such business in the form of money or other property or thing
of value, or
(ii) purchase any goods, wares, merchandise or any-
thing of value from such business, or
(iii) be present to win such prizes.
Section 2. Said Code chapter is further amended by adding a
new Code Section 26-2714 to read as follows:
26-2714. (a) A promotional contest which conforms with the
qualifications of a lawful promotion specified in this Code section
shall not be included within the definition of the term lottery for
purposes of this Code chapter and shall be lawful.
(b) For purposes of this Code section the terms promotional
contest and promotion are synonymous and mean any scheme or
procedure for the promotion of sales of any realty or personalty
whereby one or more prizes are distributed by chance among persons
who are informed by mail of their opportunity to participate and who
are required to be present at a real estate development or other place
of business to determine if they have won a prize.
(c) In order to be lawful a promotion must comply with all
requirements of this subsection:
(1) Persons who are offered an opportunity to participate
may be notified of such opportunity only by mail.
GEORGIA LAWS 1982 SESSION
1663
(2) The promotion must be an advertising and promotional
undertaking, in good faith, solely for the purpose of advertising
the real estate development or other place of business which
participants are required to visit.
(3) No person shall be required to pay or furnish any
tangible consideration (other than the consideration of visiting
the real estate development or place of business) in order to be
eligible for any prize.
(4) Each mailing must state the actual cash value of each
prize which the participant has a chance to win and must state the
odds of the participants winning each prize.
(5) Upon each participants visit to the real estate develop-
ment or place of business, the participant must be immediately
informed whether he has won a prize; and if he has won a prize it
must be awarded to him immediately.
(6) No participant shall be required to view, hear, or attend
any sales presentation; and no sales presentation may be made to
any participant until after he has been informed whether he has
won a prize and has been awarded his prize if any.
(7) A list of all winning tickets, tokens, numbers, lots, or
other devices used to determine winners must be prominently
posted at the real estate development or place of business and a
copy of such list shall be furnished to each participant who so
requests.
(d) Any person who operates or participates in the operation of a
promotion which does not conform to the requirements of this Code
section shall be guilty of a misdemeanor of a high and aggravated
nature; and such conduct shall constitute the offense of operating a
fraudulent promotion.
(e) Any person who operates or participates in the operation of a
promotion which does not conform to the requirements of this Code
section shall be liable to each participant who visits the real estate
development or place of business for the expenses of the participant
in making the visit and punitive damages not to exceed $1,000.00.
This remedy is in addition to any other remedy available.
1664
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) The administrator of the Fair Business Practices Act may in
any court of competent jurisdiction seek an injunction against the
operation of any promotion which does not conform to the require-
ments of this Code section. The administrator shall have the power to
investigate all promotions to determine if they are in compliance with
the requirements of this Code section. Any violation of this Code
section shall also constitute an unlawful act under the Fair Business
Practices Act of 1975.
(g) This Code section shall apply to all promotions involving real
estate developments or places of business in this state or participants
who are residents of this state to whom mailings are delivered in this
state.
(h) Except as specifically provided in this Code section, this
Code section shall not operate to make lawful any otherwise unlawful
conduct.
Part 2
Section 3. Part 1 of Article 2 of Chapter 12 of Title 16 of the
Official Code of Georgia Annotated, relating to gambling and related
criminal offenses, is amended by striking paragraph (4) of Code
Section 16-12-20 and inserting in its place a new paragraph to read as
follows:
(4) Lottery means any scheme or procedure whereby one or
more prizes are distributed by chance among persons who have paid
or promised consideration for a chance to win such prize, whether
such scheme or procedure is called a pool, lottery, raffle, gift, gift
enterprise, sale, policy game, or by some other name. A lottery shall
not mean a promotional contest which is declared to be lawful by
Code Section 16-12-36 or a scheme whereby a business gives away
prizes to persons selected by lot if such prizes are made on the
following conditions:
(A) Such prizes are conducted as advertising and promo-
tional undertakings in good faith solely for the purpose of adver-
tising the goods, wares, and merchandise of such business; and
(B) No person to be eligible to receive such prize shall be
required to:
GEORGIA LAWS 1982 SESSION
1665
(i) Pay any tangible consideration to the operator of
such business in the form of money or other property or thing
of value;
(ii) Purchase any goods, wares, merchandise, or any-
thing of value from such business; or
(iii) Be present to win such prizes.
Section 4. Said part is further amended by adding a new Code
Section 16-12-36 to read as follows:
16-12-36. (a) A promotional contest which conforms with the
qualifications of a lawful promotion specified in this Code section
shall not be included within the definition of the term lottery for
purposes of this article and shall be lawful.
(b) For purposes of this Code section the terms promotional
contest and contest are synonymous and mean any scheme or
procedure for the promotion of sales of any realty or personalty
whereby one or more prizes are distributed by chance among persons
who are informed by mail of their opportunity to participate and who
are required to be present at a real estate development or other place
of business to determine if they have won a prize.
(c) In order to be lawful a promotion must comply with all
requirements of this subsection:
(1) Persons who are offered an opportunity to participate
may be notified of such opportunity only by mail;
(2) The promotion must be an advertising and promotional
undertaking, in good faith, solely for the purpose of advertising
the real estate development or other place of business which
participants are required to visit;
(3) No person shall be required to pay or furnish any
tangible consideration (other than the consideration of visiting
the real estate development or place of business) in order to be
eligible for any prize;
(4) Each mailing must state the actual cash value of each
prize which the participant has a chance to win and must state the
odds of the participants winning each prize;
1666
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Upon each participants visit to the real estate develop-
ment or place of business, the participant must be immediately
informed whether he has won a prize; and if he has won a prize it
must be awarded to him immediately;
(6) No participant shall be required to view, hear, or attend
any sales presentation; and no sales presentation may be made to
any participant until after he has been informed whether he has
won a prize and has been awarded his prize, if any;
(7) A list of all winning tickets, tokens, numbers, lots, or
other devices used to determine winners must be prominently
posted at the real estate development or place of business and a
copy of such list shall be furnished to each participant who so
requests.
(d) Any person who operates or participates in the operation of a
promotion which does not conform to the requirements of this Code
section shall be guilty of a misdemeanor of a high and aggravated
nature; and such conduct shall constitute the offense of operating a
fraudulent promotion.
(e) Any person who operates or participates in the operation of a
promotion which does not conform to the requirements of this Code
section shall be liable to each participant who visits the real estate
development or place of business for the expenses of the participant
in making the visit and punitive damages not to exceed $1,000.00.
This remedy is in addition to any other remedy available.
(f) The administrator of the Fair Business Practices Act may in
any court of competent jurisdiction seek an injunction against the
operation of any promotion which does not conform to the require-
ments of this Code section. The administrator shall have the power to
investigate all promotions to determine if they are in compliance with
the requirements of this Code section. Any violation of this Code
section shall also constitute an unlawful act under the Fair Business
Practices Act of 1975.
(g) This Code section shall apply to all promotions involving real
estate developments or places of business in this state or participants
who are residents of this state to whom mailings are delivered in this
state.
GEORGIA LAWS 1982 SESSION
1667
(h) Except as specifically provided in this Code section, this
Code section shall not operate to make lawful any otherwise unlawful
conduct.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
GEORGIA HEALTH CODE INSPECTION
WARRANTS.
Code Sections 88-301A, 88-302A,
31-5-20, 31-5-21 Amended.
No. 1473 (Senate Bill No. 684).
AN ACT
To amend Code Chapter 88-3A, relating to public health law
inspection warrants, approved April 18,1975 (Ga. L. 1975, p. 693), so
as to change the definition of inspection warrant; to provide for
persons who may obtain inspection warrants; to amend the Official
Code of Georgia Annotated accordingly; to provide effective dates; to
repeal conflicting laws; and for other purposes.
1668
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 88-3A, relating to public health law
inspection warrants, approved April 18,1975 (Ga. L. 1975, p. 693), is
amended by striking Code Sections 88-301A and 88-302A, which read
as follows:
88-301A. Definitions.Unless a different meaning is required
by the context, the following term as used in this Chapter shall have
the meaning hereinafter respectively ascribed to it:
(a) Public Health Law means Chapters 1, 2, 10, 11, 12, 13,14,
15,16,19,27,28, and 31 of this Title 88 of the Code of Georgia and any
rule or regulation duly promulgated thereunder.
(b) Inspection warrant means a warrant authorizing a search or
inspection of private property where such a search or inspection is one
that is necessary for the enforcement of any of the provisions of a
public health law.
88-302A. Persons who may obtain inspection warrants.The
Commissioner of Human Resources or his delegate, and the director
of any county board of health, in addition to other procedures now or
hereafter provided, may obtain an inspection warrant, under the
conditions specified in this Chapter, authorizing him, or his agents, to
conduct a search or inspection of property, either with or without the
consent of the person whose property is to be searched or inspected, if
such search or inspection is one that is elsewhere authorized under
the rules and regulations duly promulgated under Code Title 88, the
Georgia Health Code, as amended.,
and substituting in lieu thereof the following two new Code sections
to read as follows:
88-301A. Definitions. Unless a different meaning is required by
the context, as used in this Chapter, the term inspection warrant
means a warrant authorizing a search or inspection of private prop-
erty where such a search or inspection is one that is necessary for the
enforcement of any of the provisions of laws authorizing licensure,
inspection or regulation by the Department of Human Resources or a
local agency thereof.
GEORGIA LAWS 1982 SESSION
1669
88-302A. Persons who may obtain inspection warrants. The
Commissioner of Human Resources or his delegate, and the director
of any county board of health, in addition to other procedures now or
hereafter provided, may obtain an inspection warrant, under the
conditions specified in this Chapter, authorizing him, or his agents, to
conduct a search or inspection of property, either with or without the
consent of the person whose property is to be searched or inspected, if
such search or inspection is one that is elsewhere authorized under a
provision of law which authorizes licensure, inspection or regulation
by the Department of Human Resources or a local agency thereof.
Part 2
Section 2. Article 2 of Chapter 5 of Title 31 of the Official Code
of Georgia Annotated, relating to public health law inspection war-
rants, is amended by striking Code Sections 31-5-20 and 31-5-21 and
substituting in lieu thereof new Code sections to read as follows:
31-5-20. As used in this chapter, the term inspection warrant
means a warrant authorizing a search or inspection of private prop-
erty where such a search or inspection is one that is necessary for the
enforcement of any of the provisions of laws authorizing licensure,
inspection, or regulation by the Department of Human Resources or a
local agency thereof.
31-5-21. The commissioner or his delegate or the director of any
county board of health, in addition to other procedures now or
hereafter provided, may obtain an inspection warrant under the
conditions specified in this chapter. Such warrant shall authorize the
commissioner or the director of any county board of health, or the
agents of either, or the Department of Agriculture, as appropriate, to
conduct a search or inspection of property, either with or without the
consent of the person whose property is to be searched or inspected, if
such search or inspection is one that is elsewhere authorized under
the rules and regulations duly promulgated under this title or any
provision of law which authorizes licensure, inspection, or regulation
by the Department of Human Resources or a local agency thereof,
provided that only the Commissioner of Agriculture shall have the
authority to obtain an inspection warrant in connection with matters
arising under Chapter 25 of this title.
1670
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
MUNICIPAL ELECTION CODE AMENDED.
Code Title 21, Chapter 3 Amended.
No. 1474 (Senate Bill No. 685).
AN ACT
To amend Chapter 3 of Title 21 of the Official Code of Georgia
Annotated, known as the Georgia Municipal Election Code, so as to
change the provisions relating to duties of municipal superintendents
to conduct municipal elections; to change the provisions relating to
the date of municipal elections; to change the provisions relating to
filing notice of candidacy; to change the provisions relating to qualifi-
cation of registrars and deputy registrars; to provide for the appoint-
ment of county registrars or deputy registrars as deputy registrars of
the municipality; to provide for the applicability of registration to
vote in municipal elections; to provide for duties of registrars of
municipalities; to change the provisions relating to the filing of the
certified list of qualified voters with the city clerk; to change the
GEORGIA LAWS 1982 SESSION
1671
provisions relating to challenge of listed persons by other electors; to
provide for certain duties by the board of registrars in connection
with challenged electors; to change the provisions relating to the filing
of petitions to contest results of a primary or election; to provide the
grounds on which a primary or election may be contested; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 3 of Title 21 of the Official Code of Georgia
Annotated, known as the Georgia Municipal Election Code, is
amended by adding at the end of Code Section 21-3-30, immediately
following subsection (b), a new subsection, to be designated subsec-
tion (c), to read as follows:
(c) The following shall be the form of oath for the election
superintendent:
I,______________, do swear (or affirm) that I will as superin-
tendent duly attend the ensuing election (or primary) during the
continuance thereof, that I will to the best of my ability prevent
any fraud, deceit, or abuse in carrying on the same, that I will
make a true and perfect return of the said election (or primary),
and that I will at all times truly, impartially, and faithfully
perform my duties in accordance with Georgia laws to the best of
my judgment and ability.
Section 2. Said chapter is further amended by striking Code
Section 21-3-51 in its entirety and inserting in lieu thereof a new Code
Section 21-3-51 to read as follows:
21-3-51. The date of the municipal election shall be specified
by the charter of the municipality or, if not so specified, then by
municipal ordinance. Public notice of such election shall be published
by the governing authority in a newspaper of general circulation in
the municipality at least 30 days prior to the election.
Section 3. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 21-3-91 and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) Each candidate or his designee shall file notice of his
candidacy in the office of the municipal superintendent of his munici-
1672
GENERAL ACTS AND RESOLUTIONS, VOL. I
pality at least 22 but not more than 52 days prior to the election in the
case of a general election and at least 15 but not more than 30 days
prior to the election in the case of a special election. The opening and
closing dates shall, within the limitations as provided in this Code
section, be as set forth in the municipal charter or, if not so specified,
then by municipal ordinance. If a run-off primary is held, each
candidate nominated therein or his designee shall file notice of his
candidacy with the municipal superintendent within three days after
the holding of such primary, irrespective of such three-day periods
exceeding a qualification deadline prescribed in this subsection.
Notice of the opening and closing dates for candidates to qualify shall
be published by the governing authority in a newspaper of general
circulation in the municipality at least ten days and not more than
thirty days prior to the first date for qualifying.
Section 4. Said chapter is further amended by striking Code
Section 21-3-121 in its entirety and inserting in lieu thereof a new
Code Section 21-3-121 to read as follows:
21-3-121. (a) Registrars and deputy registrars 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 elections, 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 in performing the
functions of a deputy to the board of registrars as provided in
subsection (b) of Code Section 21-2-212. However, nothing contained
in this Code section shall preclude a registrar, deputy registrar, or
member of a municipal board of elections from qualifying for office,
having his name placed on the ballot, or holding office in a political
party or body or serving as a presidential elector.
(b) Notwithstanding any other provision of this Code section to
the contrary, in those municipalities maintaining their own registra-
tion lists, the municipal governing authority shall appoint county
registrars or deputy registrars as deputy registrars of the municipal-
ity, notwithstanding such county registrars or deputy registrars may
not be electors of the municipality.
(c) In cases where a municipality uses its own registration
system, the registrar or deputy registrar shall require the applicant to
GEORGIA LAWS 1982 SESSION
1673
complete two registration cards and the registrar shall forward one of
such registration cards to the county registrars. Where a municipality
is located in more than one county, the registrar shall forward the
registration card to the county of the applicants residence. The
registrars of the county shall check the name and identifying informa-
tion of each applicant against the registration cards on file in their
office so as to ensure that no voter is registered twice. If the registrar
finds the applicant meets the qualifications for registration in the
county, the registration card shall be placed on file in the registrars
office and the applicants name shall be added to the electors list.
Section 5. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 21-3-135 and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) At least three days prior to the primary or election, the
registrar shall file with the city clerk a certified copy of a list
containing the names, addresses, and ZIP codes of all the electors
found to be qualified. The list shall be alphabetically arranged by
election districts or precincts, and it shall be the list of electors for the
municipal election to be held in such year. No person whose name
does not appear on such list shall vote at such municipal election,
except as otherwise provided in this chapter. This list shall be
accompanied by the registrars certification of the number of electors
by race in each election district. Such lists shall not be used by any
person for commercial purposes.
Section 6. Said chapter is further amended by striking Code
Section 21-3-138 in its entirety and inserting in lieu thereof a new
Code Section 21-3-138 to read as follows:
21-3-138. (a) Any elector of the municipality shall be allowed
to challenge the right of registration of any person whose name
appears upon the electors list; and, upon a challenge as to the
qualifications of the elector being filed, the registrars shall notify the
elector and pass upon the challenge. Each challenge shall specify the
grounds of the challenge; and, when notice is given the elector by the
registrars, a copy of such challenge shall be furnished the challenged
elector at least three days before passihg upon the same. Any elector
of the municipality shall also be allowed to challenge the qualifica-
tions of any applicant for registration. A challenge of a persons
qualification to register or to vote shall be decided in every case by the
board of registrars with the right of appeal therefrom to the superior
court.
1674
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Any elector of the municipality shall be allowed to challenge
the right to vote of any person whose name appears upon the electors
list by making application to the board of registrars of the municipal-
ity at any time, including election day itself. Such challenge may be
oral or written but shall distinctly set forth the grounds of challenge.
The board of registrars shall immediately consider the same and
unless they find probable cause to sustain such challenge shall deny
it. If the registrars find probable cause to sustain such challenge, the
poll officers of the challenged electors district shall be notified; and,
if practical, the challenged elector shall be notified and afforded an
opportunity to answer. If the challenged elector presents himself at
the polling place to vote, he shall be given an opportunity to appear
before the registrar and answer the grounds of challenge; and, after
hearing the challenger and the challenged elector, such registrars
shall determine whether probable cause to sustain such challenge
exists and shall:
(1) If no probable cause exists, permit the challenged elector
to vote;
(2) If in doubt as to the merit of the challenge, permit the
challenged elector to vote by having the word challenged written
across the back of the challenged electors ballot for later determi-
nation; or
(3) If it is determined that a challenged elector is not
eligible to vote, refuse to allow the challenged elector to vote by
having the words ineligible to vote written on the electors list
next to the challenged electors name.
Section 7. Said chapter is further amended by striking Code
Section 21-3-420 in its entirety and inserting in lieu thereof a new
Code Section 21-3-420 to read as follows:
21-3-420. A petition to contest the results of a primary or
election shall be filed in writing with the city clerk within five days
after the results of the election are declared by the governing author-
ity. Upon the filing of the contest petition, a hearing shall be set
before the governing authority of the municipality. Reasonable
notice of the hearing shall be either personally delivered or forwarded
by mail to all parties involved. The notice shall include a statement of
the time, place, and nature of the hearing; a statement of the legal
authority and jurisdiction under which the hearing is to be held; and a
GEORGIA LAWS 1982 SESSION
1675
short and plain statement of the grounds for contest. Opportunity
shall be afforded all parties to be represented by legal counsel and to
respond and present evidence on all issues involved. The hearing
shall be presided over by the mayor or such other individual as the
governing authority may appoint. Any member of the governing
authority involved in the contest shall disqualify himself from
judging the contest. The governing authority shall render its decision
in writing within a reasonable time after such hearing and a copy of
the decision shall be provided to all parties involved. The decision of
the governing authority shall be considered a final determination of
the contest unless appealed as provided in Code Section 21-3-421. If
all members of the governing authority must disqualify themselves
from judging the contest, the contestant may, within ten days of
official notice of their disqualification, file an action in superior court
as set forth in Code Section 21-3-421 without exhausting any other
administrative remedies.
Section 8. Said chapter is further amended by adding immedi-
ately following Code Section 21-3-421 a new Code section, to be
designated Code Section 21-3-422, to read as follows:
21-3-422. The nomination of any person who is declared nomi-
nated at a primary, or the election of any person who is declared
elected to any municipal office, or the eligibility of any person
declared eligible to seek nomination or office in a run-off primary or
election, or the approval or disapproval of any question submitted to
electors at an election may be contested on one or more of the
following grounds:
(1) Malconduct, fraud, or irregularity by any primary or
election official or officials sufficient to change or place in doubt
the result of the primary or election;
(2) That the candidate elected is ineligible for the nomina-
tion or office in dispute;
(3) That illegal votes have been received or legal votes
rejected at the polls sufficient to change or place in doubt the
result of the primary or election;
(4) An error in counting the votes or declaring the result of
the primary or election if such error would change the result; or
1676
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Any other cause which shows that another was the
person legally nominated, elected, or eligible to compete in a run-
off primary or election.
Section 9. This Act shall become effective November 1,1982.
Section 10. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 16,1982.
MOTOR VEHICLE TITLES REBUILT VEHICLES.
Code Section 40-3-35 Amended.
No. 1475 (Senate Bill No. 696).
AN ACT
To amend Chapter 3 of Title 40 of the Official Code of Georgia
Annotated, relating to certificates of titles, security interests, and
liens, so as to require the Georgia Bureau of Investigation to inspect
certain motor vehicles to ensure that the word Rebuilt is affixed
thereto; to require that the word Rebuilt be affixed to certain motor
vehicles in certain locations; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 3 of Title 40 of the Official Code of Georgia
Annotated, relating to certificates of titles, security interests, and
liens, is amended by striking paragraph (1) of subsection (b) of Code
Section 40-3-35.1 in its entirety and inserting in lieu thereof a new
paragraph (1) to read as follows:
(1) Upon receipt of such notification from the commissioner,
the Georgia Bureau of Investigation shall promptly inspect each such
GEORGIA LAWS 1982 SESSION
1677
motor vehicle prior to the issuance of a certificate of title for the
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, verification that the
word Rebuilt is permanently affixed as required by subsection (c) of
this Code section, and verification that the motor vehicle conforms to
all safety equipment standards required by law. The Georgia Bureau
of Investigation shall be authorized to charge an inspection fee of
$50.00 for each motor vehicle inspected. In the event a third or
subsequent inspection is required for any one motor vehicle under
this Code section, the Georgia Bureau of Investigation shall be
authorized to charge a fee of $50.00 for the third and each subsequent
inspection. The Georgia Bureau of Investigation shall promptly
notify the commissioner of the results of each inspection.
Section 2. Said chapter is further amended by striking para-
graph (1) of subsection (c) of Code Section 40-3-35.1 in its entirety
and inserting in lieu thereof a new paragraph (1) to read as follows:
(1) (A) Upon inspection by the Georgia Bureau of Invest-
igation, if it is determined that the motor vehicle has been restored
to an operable condition by the replacement of two or more major
component parts, a certificate of title may be issued for such
motor vehicle which shall contain the word Rebuilt on its face in
such manner as the commissioner shall prescribe. This require-
ment will indicate to all subsequent owners of the motor vehicle
that such is a rebuilt motor vehicle.
(B) If it is determined that the motor vehicle shall require
the replacement of two or more major component parts in order to
restore the motor vehicle to an operable condition, the person,
firm, or corporation restoring such motor vehicle shall, prior to the
inspection by the Georgia Bureau of Investigation, cause the word
Rebuilt to be permanently affixed to said motor vehicle. The
word Rebuilt shall be affixed in a clear and conspicious manner
to the door post or such other location as the commissioner may
prescribe. The word Rebuilt shall be stamped on the motor
vehicle or shall be stamped on a metal plate which shall be riveted
to the motor vehicle or shall be permanently affixed to the motor
vehicle in such manner as the commissioner may prescribe. The
requirement of this subparagraph (B) shall only apply to motor
vehicles restored after November 1,1982.
1678
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. This Act shall become effective on November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
GEORGIA INSURANCE CODE AMENDED.
Code Title 56 Amended.
Code Title 33 Amended.
No. 1476 (Senate Bill No. 711).
AN ACT
To amend Code Title 56, known as the Georgia Insurance Code,
as amended, so as to provide that the Commissioner may impose an
administrative fine upon an insurer for certain acts of officers,
employees, agents, or representatives; to change the time within
which the insurer must furnish claim forms to the insured; to provide
that individual, group, and blanket accident and sickness insurance
policies shall contain a provision that benefits shall be payable
immediately upon receipt of proof of loss by the insurer; to provide
that any insurer which fails to pay a claim within 15 working days
after receipt of due written proof of loss shall mail the insured a letter
giving the reason or reasons the insurer may have for failing to make
such payment; to provide for the processing and payment of claims by
an insurer within 15 working days after receipt of the needed docu-
ments or information; to provide that each insurer shall pay the
insured interest on claims which are not paid in a timely manner; to
provide for applicability; to provide for other matters relative to the
foregoing; to amend the Official Code of Georgia Annotated accord-
ingly; to provide for effective dates; to provide for automatic repeal of
certain portions of this Act; to repeal conflicting laws; and for other
purposes.
GEORGIA LAWS 1982 SESSION
1679
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Title 56, known as the Georgia Insurance
Code, as amended, is amended by striking Code Section 56-317.1 in
its entirety and inserting in lieu thereof a new Code Section 56-317.1
to read as follows:
56-317.1. Administrative fine for certain acts of officers, employ-
ees, agents or representatives. The commissioner may, after a hear-
ing, impose upon an insurer an administrative fine if he finds that
such insurer through the acts of its officers, employees, agents or
representatives has:
(1) With such frequency as to indicate its general business
practice in this State:
(a) Failed to use due diligence in processing all claims,
failed to pay claims in a timely manner, failed to provide proper
notice when required with respect to the reasons for the insurers
failure to make claims payments when due, or refused without just
cause to pay proper claims arising under coverage provided by its
policies, whether such claim is in favor of an insured or in favor of
a third person with respect to the liability of an insured to such
third person or in favor of any other person entitled to the
proceeds of a policy, or
(b) Compelled, without just cause, insureds, claimants or
other persons entitled to the proceeds of its policies in this State to
accept less than the amount due them or to bring suit against the
insurer or an insured to secure full payment or settlement thereof.
(c) Accepted money, trade stamps, gifts or other remunera-
tion of any kind in return for referring automobile and other
property repair business including glass breakage to a particular
automobile repairer, glass company, construction company or
other repair company of any kind.
The administrative fine imposed for violations set forth in para-
graphs (a), (b) or (c) shall not exceed $1,000 for each act of miscon-
duct constituting a violation provided, however, a fine of not more
than $5,000 for each act of wilful misconduct constituting a violation
1680
GENERAL ACTS AND RESOLUTIONS, VOL. I
may be imposed. For the purposes of this Code section, the term
insurer shall include any insurer, nonprofit organization, or any
other person authorized to sell accident and sickness insurance
policies, subscriber contracts, certificates, or agreements of any form
under Code Chapter 56-17, 56-17A, 56-18, 56-19, 56-30, 56-31, or 56-
36.
Section 2. Said Code title is further amended by striking
subsections (6) and (8) of Code Section 56-3004 in their entirety and
inserting in lieu thereof new subsections (6) and (8) to read as follows:
(6) Claim forms. The insurer, upon receipt of a notice of claim,
will furnish to the claimant such forms as are usually furnished by it
for filing proofs of loss. If such forms are not furnished within ten
working days after the giving of such notice the claimant shall be
deemed to have complied with the requirements of this policy as to
proof of loss upon submitting, within the time fixed in the policy for
filing proofs of loss, written proof covering the occurrence, the
character and the extent of the loss for which claim is made.
(8) Time of payment of claims.
(a) All benefits payable under the policy other than benefits
for loss of time will be payable immediately upon receipt of due
written proof of such loss. Should the insurer fail to pay the
benefits payable under its policy, other than benefits payable for
loss of time, upon receipt of due written proof of loss, the insurer
shall have 15 working days thereafter within which to mail the
insured or subscriber a letter or notice which states the reasons the
insurer may have for failing to pay the claim, either in whole or in
part, and which also gives the insured or subscriber a written
itemization of any documents or other information needed to
process the claim or any portions thereof which are not being paid.
When all of the listed documents or other information needed to
process the claim have been received, the insurer shall then have
15 working days within which to process and either pay the claim
or deny it, in whole or in part, giving the insured the reasons the
insurer may have for denying such claim or any portion thereof.
(b) Subject to proof of loss, all accrued benefits payable
under the policy for loss of time will be paid not later than at the
expiration of each period of 30 days during the continuance of the
period for which the insurer is liable and any balance remaining
GEORGIA LAWS 1982 SESSION
1681
unpaid at the termination of such period will be paid immediately
upon receipt of such proof.
(c) Each insurer admitted to transact accident and sickness
insurance in this state shall pay interest to the insured equal to 18
percent per annum on the proceeds or benefits due under the
terms of the policy for failure to comply with the requirements of
paragraphs (a) or (b).,
and by adding at the end of said Code Section 56-3004 the following
paragraph:
The provisions of this Code section shall also apply to individual
accident and sickness insurance policies issued by a fraternal benefit
society, a hospital service nonprofit corporation, a nonprofit medical
service corporation, a nonprofit health care corporation, a health
maintenance organization, or any other similar entity.
Section 3. Said Code title is further amended by striking
subsections (3) and (5) of Code Section 56-3105 in their entirety and
inserting in lieu thereof new subsections (3) and (5) to read as follows:
(3) A provision that the insurer will furnish to the policyholder
such forms as are usually furnished by it for filing proof of loss. If
such forms are not furnished before the expiration of ten working
days after the giving of such notice, the claimant shall be deemed to
have complied with the requirements of the policy as to proof of loss
upon submitting within the time fixed in the policy for filing proof of
loss, written proof covering the occurrence, character and extent of
the loss for which claim is made.
(5) (a) A provision that all benefits payable under the policy
other than benefits for loss of time will be payable immediately upon
receipt of due written proof of such loss. Should the insurer fail to pay
the benefits payable under its policy, except for benefits payable for
loss of time, upon receipt of due written proof of loss, the insurer shall
have 15 working days thereafter within which to mail the insured or
subscriber a letter or notice which states the reasons the insurer may
have for failing to pay the claim, either in whole or in part, and which
also gives the insured or subscriber a written itemization of any
documents or other information needed to process the claim or any
portions thereof which are not being paid. When all of the listed
documents or other information needed to process the claim have
1682
GENERAL ACTS AND RESOLUTIONS, VOL. I
been received, the insurer shall then have 15 working days within
which to process and either pay the claim or deny it, in whole or in
part, giving the insured the reasons the insurer may have for denying
such claim or any portion thereof.
(b) Subject to proof of loss, all accrued benefits payable
under the policy for loss of time will be paid not later than at the
expiration of each period of 30 days during the continuance of the
period for which the insurer is liable and any balance remaining
unpaid at the termination of such period will be paid immediately
upon receipt of such proof.
(c) Each insurer admitted to transact accident and sickness
insurance in this state shall pay interest to the insured equal to 18
percent per annum on the proceeds or benefits due under the
terms of the policy for failure to comply with the requirements of
paragraphs (a) or (b).,
and by adding at the end of said Code Section 56-3105 the following
paragraph:
The provisions of this Code section shall also apply to group and
blanket accident and sickness insurance policies issued by a fraternal
benefit society, a hospital service nonprofit corporation, a nonprofit
medical service corporation, a nonprofit health care corporation, a
health maintenance organization, or any other similar entity.
Part 2
Section 4. Title 33 of the Official Code of Georgia Annotated,
known as the Georgia Insurance Code, is amended by striking
subsection (a) of Code Section 33-3-20 in its entirety and inserting in
lieu thereof a new subsection (a) to read as follows:
(a) The Commissioner may, after a hearing, impose upon an
insurer an administrative fine if he finds that such insurer through
the acts of its officers, employees, agents, or representatives has with
such frequency as to indicate its general business practice in this
state:
(1) Failed to use due diligence in processing all claims,
failed to pay claims in a timely manner, failed to provide proper
notice when required with respect to the reasons for the insurers
GEORGIA LAWS 1982 SESSION
1683
failure to make claims payments when due, or refused without just
cause to pay proper claims arising under coverage provided by its
policies, whether the claim is in favor of an insured or in favor of a
third person with respect to the liability of an insured to a third
person or in favor of any other person entitled to the proceeds of a
policy;
(2) Compelled, without just cause, insureds, claimants, or
other persons entitled to the proceeds of its policies in this state to
accept less than the amount due them or to bring an action against
the insurer or an insured to secure full payment or settlement
thereof; or
(3) Accepted money, trade stamps, gifts, or other remunera-
tion of any kind in return for referring automobile and other
property repair business including glass breakage to a particular
automobile repairer, glass company, construction company, or
other repair company of any kind.,
and by adding at the end of said Code Section 33-3-20 a new
subsection (c) to read as follows:
(c) For the purposes of this Code section, the term insurer
shall include any insurer, nonprofit organization, or any other person
authorized to sell accident and sickness insurance policies, subscriber
contracts, certificates, or agreements of any form under Chapter 15,
18,19,20,21,29, or 30 of Title 33.
Section 5. Said title is further amended by striking paragraphs
(6) and (8) of subsection (b) of Code Section 33-29-3 in their entirety
and inserting in lieu thereof new paragraphs (6) and (8) to read as
follows:
(6) The insurer, upon receipt of a notice of claim, will furnish to
the claimant such forms as are usually furnished by it for filing proofs
of loss. If the forms are not furnished within ten working days after
the giving of the notice, the claimant shall be deemed to have
complied with the requirements of this policy as to proof of loss upon
submitting, within the time fixed in the policy for filing proofs of loss,
written proof covering the occurrence, the character, and the extent
of the loss for which claim is made.
1684
GENERAL ACTS AND RESOLUTIONS, VOL. I
(8) (A) All benefits payable under the policy other than
benefits for loss of time will be payable immediately upon receipt
of due written proof of such loss. Should the insurer fail to pay the
benefits payable under its policy, other than benefits payable for
loss of time, upon receipt of due written proof of loss, the insurer
shall have 15 working days thereafter within which to mail the
insured or subscriber a letter or notice which states the reasons the
insurer may have for failing to pay the claim, either in whole or in
part, and which also gives the insured or subscriber a written
itemization of any documents or other information needed to
process the claim or any portions thereof which are not being paid.
When all of the listed documents or other information needed to
process the claim have been received, the insurer shall then have
15 working days within which to process and either pay the claim
or deny it, in whole or in part, giving the insured the reasons the
insurer may have for denying such claim or any portion thereof.
(B) Subject to proof of loss, all accrued benefits payable
under the policy for loss of time will be paid not later than at the
expiration of each period of 30 days during the continuance of the
period for which the insurer is liable and any balance remaining
unpaid at the termination of such period will be paid immediately
upon receipt of such proof.
(C) Each insurer admitted to transact accident and sickness
insurance in this state shall pay interest to the insured equal to 18
percent per annum on the proceeds or benefits due under the
terms of the policy for failure to comply with the requirements of
subparagraphs (A) or (B).,
and by adding at the end of said Code Section 33-29-3 a new
subsection (d) to read as follows:
(d) The provisions of this Code section shall also apply to
individual accident and sickness insurance policies issued by a frater-
nal benefit society, a hospital service nonprofit corporation, a non-
profit medical service corporation, a nonprofit health care corpora-
tion, a health maintenance organization, or any other similar entity.
Section 6. Said title is further amended by striking paragraphs
(3) and (5) of subsection (b) of Code Section 33-30-6 in their entirety
and inserting in lieu thereof new paragraphs (3) and (5) to read as
follows:
GEORGIA LAWS 1982 SESSION
1685
(3) A provision that the insurer will furnish to the policyholder
such forms as are usually furnished by it for filing proof of loss. If the
forms are not furnished before the expiration of ten working days
after the giving of notice, the claimant shall be deemed to have
complied with the requirements of the policy as to proof of loss upon
submitting, within the time fixed in the policy for filing proof of loss,
written proof covering the occurrence, character, and extent of the
loss for which claim is made;
(5) (A) A provision that all benefits payable under the policy
other than benefits for loss of time will be payable immediately
upon receipt of due written proof of such loss. Should the insurer
fail to pay the benefits payable under the policy, other than
benefits for loss of time, upon receipt of due written proof of loss,
the insurer shall have 15 working days thereafter within which to
mail the insured or subscriber a letter or notice which states the
reasons the insurer may have for failing to pay the claim, either in
whole or in part, and which also gives the insured or subscriber a
written itemization of any documents or other information needed
to process the claim or any portions thereof which are not being
paid. When all of the listed documents or other information
needed to process the claim have been received, the insurer shall
then have 15 working days within which to process and either pay
the claim or deny it, in whole or in part, giving the insured the
reasons the insurer may have for denying such claim or any
portion thereof.
(B) Subject to proof of loss, all accrued benefits payable
under the policy for loss of time will be paid not later than at the
expiration of each period of 30 days during the continuance of the
period for which the insurer is liable and any balance remaining
unpaid at the termination of such period will be paid immediately
upon receipt of such proof.
(C) Each insurer admitted to transact accident and sickness
insurance in this state shall pay interest to the insured equal to 18
percent per annum on the proceeds or benefits due under the
terms of the policy for failure to comply with the requirements of
subparagraphs (A) or (B);,
and by adding at the end of said Code Section 33-30-6 a new
subsection (c) to read as follows:
1686
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) The provisions of this Code section shall also apply to group
and blanket accident and sickness insurance 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.
Part 3
Section 7. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
LICENSING OF AUCTIONEERS.
Code Sections 84-311A, 43-6-11 Amended.
No. 1477 (Senate Bill No. 730).
AN ACT
To amend Code Section 84-311A, relating to the qualifications for
auctioneers and apprentice auctioneers, so as to authorize the issu-
ance of an auctioneers license to certain persons without the neces-
sity for taking an examination; to amend the Official Code of Georgia
Annotated accordingly; to provide effective dates; to repeal conflict-
ing laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
1687
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 84-311A, relating to the qualifications
for auctioneers and apprentice auctioneers, is amended by striking
subsection (e) of said Code section in its entirety and inserting in lieu
thereof a new subsection (e) to read as follows:
(e) (1) Any person who is a resident of Georgia and who on
January 1,1975, is lawfully engaged in business as an auctioneer
and has engaged for a period of at least one year prior to January 1,
1975, and has been principal auctioneer for at least three auctions
during this period of time, and furnishes satisfactory proof of
same to the Commission by January 1,1980, shall not be required
to take an examination, but all such persons shall be entitled to
receive a license from the Commission under the provisions of this
Chapter on proper application thereof submitted by July 1,1979,
and payment of the license fee required by this Chapter.
(2) Any person who is a resident of Georgia shall not be required
to take an examination and shall be entitled to receive an auction-
eers license from the Commission upon submission of a proper
application for an auctioneers license and upon payment of the
license fee prior to May 31,1982, and upon furnishing satisfactory
proof to the Commission by May 31,1982, that he:
(A) Is not less than 45 years of age nor more than 60
years of age; and
(B) Has been the principal auctioneer in not less than
500 auctions prior to 1971.
Part 2
Section 2. Code Section 43-6-11 of the Official Code of Georgia
Annotated, relating to qualifications for auctioneers and apprentice
auctioneers, is amended by striking subsection (e) of said Code
section in its entirety and inserting in lieu thereof a new subsection
(e) to read as follows:
(e) (1) Any person who is a resident of Georgia and who on
January 1, 1975, is lawfully engaged in business as an auctioneer
1688
GENERAL ACTS AND RESOLUTIONS, VOL. I
and has been so engaged for a period of at least one year prior to
January 1, 1975, has been principal auctioneer for at least three
auctions during this period of time, and furnishes satisfactory
proof of same to the commission by January 1,1980, shall not be
required to take an examination; but all such persons shall be
entitled to receive a license from the commission under this
chapter on proper application therefor submitted by July 1,1979,
and payment of the license fee required by this chapter.
(2) Any person who is a resident of Georgia shall not be required
to take an examination and shall be entitled to receive an auction-
eers license from the commission upon submission of a proper
application for an auctioneers license and upon payment of the
license fee prior to May 31,1982, and upon furnishing satisfactory
proof to the commission by May 31,1982, that he:
(A) Is not less than 45 years of age nor more than 60
years of age; and
(B) Has been the principal auctioneer in not less than
500 auctions prior to 1971.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
GEORGIA LAWS 1982 SESSION
1689
FAIR BUSINESS PRACTICES ACT OF
1975 AMENDED.
Code Title 10, Chapter 1 Amended.
No. 1478 (Senate Bill No. 747).
AN ACT
To amend an Act known as the Fair Business Practices Act of
1975, approved April 10,1975 (Ga. L. 1975, p. 376), as amended, so as
to provide for the regulation of career consulting firms; to define a
certain term; to require certain contracts and clauses; to provide for
editorial revision; to provide for matters relative to the foregoing; to
amend Part 1 of Article 15 of Chapter 1 of Title 10 of the Official Code
of Georgia Annotated, known as the Fair Business Practices Act of
1975, so as to provide for the regulation of career consulting firms; to
define a certain term; to require certain contracts and clauses; to
provide for 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:
Parti
Section 1. An Act known as the Fair Business Practices Act of
1975, approved April 10, 1975 (Ga. L. 1975, p. 376), as amended, is
amended by adding at the end of Section 2 a new subsection (j) to
read as follows:
(j) Career consulting firm means any person providing ser-
vices to an individual in conjunction with a career search and consult-
ing program for the individual, including, but not limited to, counsel-
ing as to the individuals career potential, counseling as to interview
techniques, and the identification of prospective employers. A career
consulting firm does not guarantee actual job placement as one of its
services. A career consulting firm shall not include any person who
provides these services without charging a fee to applicants for those
services or any employment agent or agency regulated under the
Private Employment Agencies Act, approved March 21,1974 (Ga. L.
1974, p. 567), as now or hereafter amended.
1690
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said Act is further amended by adding at the end of
subsection (b) of Section 3 a new paragraph (13) to read as follows:
(13) Failure to comply with the following provisions concerning
career consulting firms:
(A) A written contract shall be employed which shall consti-
tute the entire agreement between the parties, a fully completed
copy of which shall be furnished to the consumer at the time of its
execution which shows the date of the transaction and the name
and address of the career consulting firm.
(B) The contract or an attachment thereto shall contain a
statement in bold-faced type which complies substantially with
the following:
The provisions of this agreement have been fully
explained to me and I understand that the services to be
provided under this agreement by the seller do not include
actual job placement.
The statement shall be signed by both the consumer and the
authorized representative of the seller.
(C) Any advertising offering the services of a career consult-
ing firm shall contain a statement which contains the following
language: A career consulting firm does not guarantee actual job
placement as one of its services.
Section 2A. Said Act is further amended by striking from the
second sentence of subsection (e) of Section 2 the following:
section 3(b)(1) through 3(b)(ll) hereof,
and inserting in lieu thereof the following:
subsection (b) of Section 3 of this Act,
so that when so amended subsection (e) of Section 2 shall read as
follows:
(e) An intentional violation occurs when the person commit-
ting the act or practice knew that his conduct was in violation of this
GEORGIA LAWS 1982 SESSION
1691
Act. Maintenance of an act or practice specifically designated as
unlawful in subsection (b) of Section 3 of this Act, after the Adminis-
trator gives notice that such act or practice is in violation of the Act,
shall be prima facie evidence of intentional violation. For the
purposes of this paragraph, the Administrator gives notice that an act
or practice is in violation of this Act by the adoption of specific rules
promulgated pursuant to section 4(a) hereof, and by notice in writing
to the alleged violator of a violation, if such written notice may be
reasonably given without substantially or materially altering the
purposes of this Act; provided, however, that no presumption of
intention shall arise in the case of an alleged violator who maintains a
place of business within the jurisdiction of this State with sufficient
assets to respond to a judgment under this Act, unless such alleged
violator has received written notice. The burden of showing no
reasonable opportunity to give written notice shall be upon the
Administrator.
Part 2
Section 3. Part 2 of Article 15 of Chapter 1 of Title 10, known as
the Fair Business Practices Act of 1975, is amended by adding
following paragraph (1) of subsection (a) of Code Section 10-1-392 a
new paragraph (1.1) to read as follows:
(1.1) Career consulting firm means any person providing ser-
vices to an individual in conjunction with a career search and consult-
ing program for the individual, including, but not limited to, counsel-
ing as to the individuals career potential, counseling as to interview
techniques, and the identification of prospective employers. A career
consulting firm does not guarantee actual job placement as one of its
services. A career consulting firm shall not include any person who
provides these services without charging a fee to applicants for those
services or any employment agent or agency regulated under Chapter
10 of Title 34 of the Official Code of Georgia Annotated.
Section 4. Said Part 2 is further amended by changing the period
at the end of subparagraph (G) of paragraph (12) of subsection (b) of
Code Section 10-1-393 to a semicolon and adding at the end of
subsection (b) of Code Section 10-1-393 a new paragraph (13) to read
as follows:
(13) Failure to comply with the following provisions concerning
career consulting firms:
1692
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) A written contract shall be employed which shall consti-
tute the entire agreement between the parties, a fully completed
copy of which shall be furnished to the consumer at the time of its
execution which shows the date of the transaction and the name
and address of the career consulting firm.
(B) The contract or an attachment thereto shall contain a
statement in bold-faced type which complies substantially with
the following:
The provisions of this agreement have been fully
explained to me and I understand that the services to be
provided under this agreement by the seller do not include
actual job placement.
The statement shall be signed by both the consumer and the
authorized representative of the seller.
(C) Any advertising offering the services of a career consult-
ing firm shall contain a statement which contains the following
language: A career consulting firm does not guarantee actual job
placement as one of its services.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
GEORGIA LAWS 1982 SESSION
1693
COUNTY BOARDS OF EDUCATION
PROVISIONS FOR THE ELDERLY.
Code Sections 32-942.1, 20-2-1074 Amended.
No. 1479 (Senate Bill No. 758).
AN ACT
To amend Code Chapter 32-9, relating to county boards of educa-
tion, so as to continue the authority of local school systems to provide
for the elderly; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 32-9, relating to county boards of
education, is amended by replacing Code Section 32-942.1 with a new
Code section to read as follows:
32-942.1. Transportation of the elderly.Notwithstanding any
other provisions of law to the contrary including Section 32-942,
relating to school funds, county and independent school systems may
use school buses to provide transportation for the elderly and the
handicapped if the cost of such transportation is reimbursed in full
from federal, State, local or other funds, other than school funds.
Part 2
Section 2. Part 1 of Article 22 of Chapter 2 of Title 20 of the
Official Code of Georgia Annotated, relating to school buses, is
amended by replacing Code Section 20-2-1074 with a new Code
section to read as follows:
20-2-1074. Notwithstanding any other provisions of law to the
contrary, including Code Section 20-2-411, relating to school funds,
county and independent school systems may use school buses to
provide transportation for the elderly and the handicapped if the cost
of such transportation is reimbursed in full from federal, state, local,
or other funds other than school funds.
1694
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 16,1982.
CRIMES HOMICIDE BY VEHICLE, ETC.
Code Sections 68A-903, 68A-1507, 40-6-393,
40-6-376 Amended.
No. 1482 (House Bill No. 580).
AN ACT
To amend Code Section 68A-903, relating to homicide by vehicle,
as amended, so as to change the definition of and punishment for
homicide by vehicle; to amend Code Section 68A-1507, relating to
prosecution of a traffic violation as a state or local offense, so as to
provide for jurisdiction over certain offenses; to amend the Official
Code of Georgia Annotated accordingly; to provide effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
1695
Part 1
Section 1. Code Section 68A-903, relating to homicide by
vehicle, as amended, is amended by striking said Code section in its
entirety and inserting in lieu thereof a new Code Section 68A-903 to
read as follows:
68A-903. Homicide by vehicle, (a) Whoever shall, without
malice aforethought, cause the death of another person through the
violation of section 68A-901, section 68A-902, section 68A-904(a), or
section 42 of an Act known as the Uniform Act Regulating Traffic on
Highways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dee.
Sess., p. 556), shall be guilty of homicide by vehicle in the first degree.
A person convicted under this subsection shall be punished by
imprisonment for not less than one year nor more than ten years.
(b) Whoever shall cause the death of another person, without an
intention to do so, by violating any section of this Title other than
section 68A-901, section 68A-902, section 68A-904(a), or section 42 of
an Act known as the Uniform Act Regulating Traffic on Highways,
approved January 11,1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556),
shall be guilty of homicide by vehicle in the second degree when such
violation is the cause of said death. A person convicted under this
subsection shall be punished as for a misdemeanor.
(c) Whoever shall, after being declared a habitual violator as
determined under section 68B-308 and while such persons license is
in revocation, cause the death of another person, without malice
aforethought, by operation of a motor vehicle, shall be guilty of
homicide by vehicle in the first degree. A person convicted under this
subsection shall be punished by imprisonment for not less than three
years nor more than ten years, and adjudication of guilt or imposition
of such sentence for a person so convicted may be suspended, pro-
bated, deferred, or withheld but only after such person shall have
served at least one year in the penitentiary.
Section 2. Code Section 68A-1507, relating to prosecution of a
violation as a state or local offense, is amended by striking said Code
section in its entirety and inserting in lieu thereof a new Code Section
68A-1507 to read as follows:
1696
GENERAL ACTS AND RESOLUTIONS, VOL. I
68A-1507. Option to treat as State or local offense; right of
defendant to have case treated as State offense, (a) Any offense,
except a violation of Code Section 68A-903, which is a violation 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. A violation of Code Section 68A-903
shall be charged as a violation of State law.
(b) 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.
(c) 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, and under the Act to
create the Department of Public Safety for Georgia, approved March
13,1937, and the several Acts amendatory thereof.
(d) No court, other than a court having jurisdiction to try a
person charged with a violation of Code Section 68A-903, shall have
jurisdiction over any offense arising under the laws of this State or the
ordinances of any political subdivision thereof, which offense arose
out of the same conduct which led to said person being charged with a
violation of Code Section 68A-903 and any judgment rendered by
such court shall be null and void.
Part 2
Section 3. Code Section 40-6-393 of the Official Code of Georgia
Annotated, relating to homicide by vehicle, is amended by deleting
said Code section in its entirety and inserting in lieu thereof a new
Code Section 40-6-393 to read as follows:
40-6-393. (a) Any person who, without malice aforethought,
causes the death of another person through the violation of Code
Section 40-6-271, 40-6-390, 40-6-391, or subsection (a) of Code Sec-
tion 40-6-395 commits the offense of homicide by vehicle in the first
GEORGIA LAWS 1982 SESSION
1697
degree and, upon conviction thereof, shall be punished by impris-
onment for not less than one year nor more than ten years.
(b) Any person who causes the death of another person, without
an intention to do so, by violating any provision of this title other than
Code Section 40-6-271, 40-6-390, 40-6-391, or subsection (a) of Code
Section 40-6-395 commits the offense of homicide by vehicle in the
second degree when such violation is the cause of said death and,
upon conviction thereof, shall be punished as provided in Code
Section 17-10-3.
(c) Any person who, after being declared a habitual violator as
determined under Code Section 40-5-58 and while such persons
license is in revocation, causes the death of another person, without
malice aforethought, by operation of a motor vehicle, commits the
offense of homicide by vehicle in the first degree and, upon conviction
thereof, shall be punished by imprisonment for not less than three
years nor more than ten years, and adjudication of guilt or imposition
of such sentence for a person so convicted may be suspended, pro-
bated, deferred, or withheld but only after such person shall have
served at least one year in the penitentiary.
Section 4. Code Section 40-6-376 of the Official Code of Georgia
Annotated, relating to prosecution of a violation as a state or local
offense, is amended by striking said Code section in its entirety and
inserting in lieu thereof a new Code Section 40-6-376 to read as
follows:
40-6-376. (a) Any offense, except a violation of Code Section
40-6-393, which is a violation of a provision of this chapter 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
of the local ordinance. A violation of Code Section 40-6-393 shall be
charged as a state violation.
(b) If the offense charged under an ordinance constitutes a
violation of any provision of this chapter, the defendant may elect to
have the charge treated as a state offense. If the defendant so elects,
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 the defendants bond and
bind his case over to the appropriate state tribunal.
1698
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) No person tried in any court for a violation of this chapter 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 chapter shall be considered a
prior conviction for all purposes under this chapter and under Chap-
ter 13 of this title.
(d) No court, other than a court having jurisdiction to try a
person charged with a violation of Code Section 40-6-393, shall have
jurisdiction over any offense arising under the laws of this state or the
ordinances of any political subdivision thereof, which offense arose
out of the same conduct which led to said person being charged with a
violation of Code Section 40-6-393 and any judgment rendered by
such court shall be null and void.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 19,1982.
GEORGIA LAWS 1982 SESSION
1699
GEORGIA STUDENT FINANCE AUTHORITY.
Code Chapters 32-37, 32-49 Amended.
Code Title 20, Chapter 3 Amended.
No. 1483 (House Bill No. 589).
AN ACT
To amend Code Chapter 32-37, relating to the Georgia Student
Finance Authority, so as to provide for payment of tuition equaliza-
tion grants to certain citizens of this state attending certain out-of-
state institutions of higher education; to state findings and purposes;
to define terms; to provide for all related matters; to amend Code
Chapter 32-49, relating to the Private Colleges and Universities
Facilities Authority, so as to authorize the members of the Authority
to be compensated for their services; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 32-37, relating to the Georgia Student
Finance Authority, is amended by replacing Code Section 32-3758
with a new Code section to read as follows:
32-3758. Legislative findings and purpose, (a) The General
Assembly finds that the facilities of accredited independent colleges
and universities located within the state can be used more effectively
in the public interest by the grant of financial assistance to citizens
who choose to attend such colleges and universities, and that the
provision of such assistance will reduce the costs to the taxpayers of
the state below the cost of providing similar instruction to such
citizens within the university system. The purpose of the General
Assembly, as provided for in this article, is to enable the authority to
provide tuition equalization grant assistance to citizens who choose to
attend such accredited private colleges and universities located
within the state.
(b) The General Assembly further finds that, because of their
location within the state, the four-year and graduate level institutions
1700
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the University System of Georgia are not equally available to
citizens in certain areas of the state. The General Assembly further
finds that extension of the program of tuition equalization grants
established by this article to include certain students attending
certain out-of-state institutions will be in the public interest as an
effective and efficient means of making four-year and graduate level
institutions of higher education more equally available to all citizens
of the state.
Section 2. Said Code chapter is further amended by replacing
paragraphs (1) and (2) of Code Section 32-3759 with new paragraphs
to read as follows:
(1) Approved schoolmeans: (A) A nonproprietary institution
of higher education located in this state 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 accreditation status with the
Southern Association of Colleges and Schools; and
(B) A nonproprietary institution of higher education
located outside the State of Georgia which is a four-year or
graduate level institution of higher education that is, or is a part of
a college or university system that is, owned and operated by a
state other than 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 located within 50 road miles, by the nearest
practical route of travel, of the home residence of one or more
eligible students. The term home residence, for purposes of this
article, shall, in the case of a dependent student, mean the
principal residence of the parent or legal guardian of a student.
(2) Eligible student means a person who:
GEORGIA LAWS 1982 SESSION
1701
(A) Is enrolled in or accepted for enrollment as a full-time
undergraduate level student in an approved school, or as a gradu-
ate level student if funds are specifically appropriated in appro-
priation Acts of the General Assembly for payment of grants to
graduate level students;
(B) Is or will be a citizen of Georgia for a period of at least 12
months immediately prior to each date of registration in the
approved school;
(C) Is not knowingly promoting or engaging in any activity
which is determined by the approved schools governing body to
be detrimental to the school; and
(D) In the case of an approved school located outside the
State of Georgia, is enrolled or accepted for enrollment therein at
an academic level beyond the sophomore academic classification,
and whose home residence is, by the nearest practical route of
travel, located within 50 road miles of the approved school and
more than 50 road miles from the nearest four-year institution of
the University System of Georgia.
Section 3. Code Chapter 32-49, relating to the Private Colleges
and Universities Facilities Authority, is amended by replacing Code
Section 32-4902 with a new Code section to read as follows:
32-4902. Private Colleges and Universities Facilities Authority.
There is hereby created a public body corporate and politic to be
known as the Private Colleges and Universities Facilities Authority
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. Said Authority,
however, shall not be a State institution nor a department or agency
of the State, but shall be an instrumentality of purely public charity
performing an essential governmental function, being a distinct cor-
porate entity. The provisions of Article VII, Section III of the
Constitution of the State of Georgia of 1976 (Chapter 2-48) and the
provisions of the Georgia State Financing and Investment Commis-
sion Act (Chapter 87-1 A) shall not apply to the Authority herein
created. The Authority shall consist of five members appointed by
the Governor. Two of the members appointed in 1978 shall be
appointed for a term expiring January 1,1980; two shall be appointed
for a term expiring January 1,1982; and one shall be appointed for a
1702
GENERAL ACTS AND RESOLUTIONS, VOL. I
term expiring January 1, 1984. Thereafter, each member shall be
appointed for a six-year term. The Governor shall fill the unexpired
term of any member so appointed who shall cease to serve. All
members appointed shall serve until their successors are appointed
and qualified and any member may be reappointed. Immediately
after each such appointment, such member of the Authority shall
enter upon his duties. The Authority shall elect one of its members as
chairman and another as vice chairman and shall appoint a secretary
who need not be a member of the Authority. The members of the
Authority may be compensated in an amount not to exceed $44 per
day, plus actual expenses incurred, from the funds available to pay
the administrative costs and expenses incurred by the Authority, for
each days service spent in the performance of the duties of the
Authority. The Authority may make rules and regulations for its own
government, including, but not limited to, the payment of compensa-
tion to its members. The Authority shall have perpetual existence.
At all meetings of the Authority the presence in person of a majority
of the members in office shall be necessary for the transaction of
business and the affirmative vote of a majority of the members then
in office shall be necessary for any action of the Authority.
Part 2
Section 4. Subpart 5 of Part 3 of Chapter 3 of Title 20 of the
Official Code of Georgia Annotated, relating to tuition equalization
grants, is amended by replacing Code Section 20-3-410 with a new
Code section to read as follows:
20-3-410. (a) The General Assembly finds that the facilities
of accredited independent colleges and universities located within the
state can be used more effectively in the public interest by the grant
of financial assistance to citizens who choose to attend such colleges
and universities and that the provision of such assistance will reduce
the costs to the taxpayers of the state below the cost of providing
similar instruction to such citizens within the university system. The
purpose of the General Assembly, as provided for in this subpart, is to
enable the authority to provide tuition equalization grant assistance
to citizens who choose to attend such accredited private colleges and
universities located within the state.
(b) The General Assembly further finds that, because of their
location within the state, the four-year and graduate level institutions
of the University System of Georgia are not equally available to
GEORGIA LAWS 1982 SESSION
1703
citizens in certain areas of the state. The General Assembly further
finds that extension of the program of tuition equalization grants
established by this subpart to include certain students attending
certain out-of-state institutions will be in the public interest as an
effective and efficient means of making four-year and graduate level
institutions of higher education more equally available to all citizens
of the state.
Section 5. Said subpart is further amended by replacing para-
graphs (2) and (3) of Code Section 20-3-411 with new paragraphs to
read as follows:
(2) Approved school means:
(A) A nonproprietary institution of higher education
located in this state which is not a branch of the university system;
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 Article 4 of this chapter;
provided, however, that an institution which otherwise meets the
requirements of this definition and of this subpart except for the
lack of accreditation by the Southern Association of Colleges and
Schools shall be deemed to be an approved school during the
period that the institution holds candidate for accreditation status
with the Southern Association of Colleges and Schools; and
(B) A nonproprietary institution of higher education
located outside the State of Georgia which is a four-year or
graduate level institution of higher education that is, or is a part of
a college or university system that is, owned and operated by a
state other than 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 located within 50 road miles, by the nearest
practical route of travel, of the home residence of one or more
eligible students. The term home residence, for purposes of this
subpart, shall, in the case of a dependent student, mean the
principal residence of the parent or legal guardian of a student.
(3) Eligible student means a person who:
1704
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Is enrolled in or accepted for enrollment as a full-time
undergraduate level student in an approved school or as a gradu-
ate level student if funds are specifically appropriated in appro-
priations Acts of the General Assembly for payment of grants to
graduate level students;
(B) Is or will be a citizen of Georgia for a period of at least 12
months immediately prior to each date of registration in the
approved school;
(C) Is not knowingly promoting or engaging in any activity
which is determined by the approved schools governing body to
be detrimental to the school; and
(D) In the case of an approved school located outside the
State of Georgia, is enrolled or accepted for enrollment therein at
an academic level beyond the sophomore academic classification
and whose home residence is, by the nearest practical route of
travel, located within 50 road miles of the approved school and
more than 50 road miles from the nearest four-year institution of
the University System of Georgia.
Section 6. Article 6 of Chapter 3 of Title 20 of the Official Code
of Georgia Annotated, relating to the Private Colleges and Universi-
ties Facilities Authority, is amended by replacing Code Section 20-3-
202 with a new Code section to read as follows:
20-3-202. There is created a public body corporate and politic to
be known as the Private Colleges and Universities Facilities Author-
ity, and by that name, style, and title, such body may contract and be
contracted with, bring and defend actions and implead and be
impleaded, and complain and defend in all courts of law and equity.
Such authority, however, shall not be a state institution nor a
department or agency of the state but shall be an instrumentality of
purely public charity performing an essential governmental function,
being a distinct corporate entity. Article VII, Section III of the
Constitution of Georgia and Article 2 of Chapter 17 of Title 50, the
Georgia State Financing and Investment Commission Act shall not
apply to the authority created in this Code section. The authority
shall consist of five members appointed by the Governor. Two of the
members appointed in 1978 shall be appointed for a term expiring
January 1,1980; two shall be appointed for a term expiring January 1,
1982; and one shall be appointed for a term expiring January 1,1984.
GEORGIA LAWS 1982 SESSION
1705
Thereafter, each member shall be appointed for a six-year term. The
Governor shall fill the unexpired term of any member so appointed
who shall cease to serve. All members appointed shall serve until
their successors are appointed and qualified and any member may be
reappointed. Immediately after each such appointment, such
member of the authority shall enter upon his duties. The authority
shall elect one of its members as chairman and another as vice-
chairman and shall appoint a secretary, who need not be a member of
the authority. The members of the authority may be compensated in
an amount not to exceed $44.00 per day, plus actual expenses incur-
red, from the funds available to pay the administrative costs and
expenses incurred by the authority, for each days service spent in the
performance of the duties of the authority. The authority may make
rules and regulations for its own government, including, but not
limited to, the payment of compensation to its members. The
authority shall have perpetual existence. At all meetings of the
authority the presence in person of a majority of the members in
office shall be necessary for the transaction of business, and the
affirmative vote of a majority of the members then in office shall be
necessary for any action of the authority.
Part 3
Section 7. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on June 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 19,1982.
1706
GENERAL ACTS AND RESOLUTIONS, VOL. I
DEVELOPMENT AUTHORITIES LAW AMENDED.
Code Title 36, Chapter 62 Amended.
No. 1484 (House Bill No. 1249).
AN ACT
To amend an Act known as the Development Authorities Law,
approved March 28,1969 (Ga. L. 1969, p. 137), as amended, so as to
redefine the term cost of project; to specify conditions under which
an authority may deal with one of its directors or an organization or
person with which a director is in any way interested or involved; to
provide that no director who is present at any meeting or who
participates in any decision of the authority shall be prohibited from
providing legal services in connection with any of the undertakings of
the authority or from being paid for such services; to provide that the
acquisition and development of land as a site for an industrial park by
an authority shall not be deemed to be the operation of a project; to
provide that an authority shall not be required to enter into a lease of
a project involving the development of land as the site for an
industrial park or a contract for its sale as a condition to the issuance
of bonds or other obligations to provide financing; to provide that the
notice to the district attorney or the Attorney General and the notice
to the public of the time, place, and date of the validation hearing
need not state the rate of interest the bonds will bear; to provide that
bonds or bond anticipation notes may be issued by an authority to
finance the acquisition or development of land as the site for an
industrial park without a finding that the project will increase or
maintain employment under certain conditions; to amend the Official
Code of Georgia Annotated accordingly; to provide effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act known as the Development Authorities
Law, approved March 28,1969 (Ga. L. 1969, p. 137), as amended, is
amended by striking subsection (f) of Section 1 in its entirety and
inserting in lieu thereof a new subsection (f) to read as follows:
GEORGIA LAWS 1982 SESSION
1707
(f) The term cost of project shall include: all costs of construc-
tion, purchase or other form of acquisition; all costs of real or personal
property required for the purposes of such project and of all facilities
related thereto, including land and any rights or undivided interest
therein, easements, franchises, water rights, fees, permits, approvals,
licenses and certificates and the securing of such franchises, permits,
approvals, licenses and certificates and the preparation of applica-
tions therefor; all machinery, equipment, initial fuel and other sup-
plies required for such project; financing charges, interest prior to and
during construction and during such additional period as the Author-
ity may reasonably determine to be necessary for the placing of such
project in operation; costs of engineering, architectural and legal
services; fees paid to fiscal agents for financial and other advice or
supervision; cost of plans and specifications and all expenses neces-
sary or incidental to the construction, purchase or acquisition of the
completed project or to determining the feasibility or practicability of
the project; administrative expenses and such other expenses as may
be necessary or incidental to the financing herein authorized. There
may also be included, as part of such cost of project, the repayment of
any loans made for the advance payment of any part of such cost,
including the interest thereon. The cost of any project may also
include a fund or funds for the creation of a debt service reserve, a
renewal and replacement reserve, and such other reserves as may be
reasonably required by the Authority with respect to the financing
and operation of its projects and as may be authorized by any bond
resolution or trust agreement or indenture pursuant to the provisions
of which the issuance of any such bonds may be authorized. Any
obligation or expense incurred for any of the foregoing purposes shall
be regarded as a part of the cost of the project and may be paid or
reimbursed as such out of the proceeds of revenue bonds or notes
issued under the provisions of this Act.
Section 2. Said Act is further amended by striking Section 3 in
its entirety and inserting in lieu thereof a new Section 3 to read as
follows:
Section 3. (a) The Directors shall be taxpayers residing in the
county or municipal corporation for which the Authority is created,
and their successors shall be appointed as provided by the above
mentioned resolution. No director shall be an officer or employee of
the county or municipal corporation. The directors shall elect one of
their members as chairman and another as vice chairman and shall
also elect a secretary and a treasurer or a secretary-treasurer, either of
1708
GENERAL ACTS AND RESOLUTIONS, VOL. I
whom may but need not be a director. The directors shall receive no
compensation for their services, but shall be reimbursed for their
actual expenses incurred in the performance of their duties; provided,
however, the directors of the development Authority activated by
counties having a population of 550,000 or more according to the
United States decennial census of 1980 or any future such census shall
be paid a per diem allowance to be determined by the governing
authority of such counties for each day, or part thereof, spent in the
performance of their duties. The Authority may make by-laws and
regulations for its government and may delegate to one or more of its
officers, agents and employees such powers and duties as may be
deemed necessary and proper. Such Authority shall have perpetual
existence as hereinafter provided.
(b) (1) The provisions of Code Sections 89-916 and 89-953, as
now or hereafter amended, shall apply to all directors of the
Authority. The provisions of Code Sections 89-916 and 89-953(i),
as now or hereafter amended, shall be deemed to have been
complied with and the Authority may purchase from, sell to,
borrow from, loan to, contract with or otherwise deal with any
director or any organization or person with which any director of
the Authority is in any way interested or involved, provided (1)
that any interest or involvement by such director is disclosed in
advance to the directors of the Authority and is recorded in the
minutes of the Authority; (2) no director having a substantial
interest or involvement may be present at that portion of an
Authority meeting during which discussion of any matter is
conducted involving any such organization or person; and (3) no
director having a substantial interest or involvement may partici-
pate in any decision of the Authority relating to any matter
involving such organization or person. As used herein, a substan-
tial interest shall mean any interest which reasonably may be
expected to result in a direct financial benefit to such director as
determined by the Authority, which determination shall be final
and not subject to review.
(2) Nothing contained herein or in Code Sections 89-916
and 89-953 shall be deemed to prohibit any director who is present
at any meeting or who participates in any decision of the Author-
ity from providing legal services in connection with any of the
undertakings of the Authority or from being paid for such ser-
vices.
GEORGIA LAWS 1982 SESSION
1709
Section 3. Said Act is further amended by striking Section 5 in
its entirety and inserting in lieu thereof a new Section 5 to read as
follows:
Section 5. No project acquired hereunder shall be operated by an
Authority, any municipal corporation, county or other governmental
subdivision but shall be leased or sold to one or more persons, firms or
private corporations and if revenue bonds or other obligations are to
be issued to pay all or part of the cost of such project, the project must
be so leased or the contract for its sale entered into prior to or
simultaneously with the issuance of such bonds or obligations; pro-
vided, however, that the acquisition and development of land by an
Authority as the site for an industrial park as provided in this Act
shall not be deemed to be the operation of a project and, notwith-
standing anything herein to the contrary, an Authority shall not be
required to enter into a lease of such a project or a contract for its sale
as a condition to the issuance of bonds or other obligations of the
Authority to provide financing therefor. If sold, the purchase price
may be paid at one time or in installments falling due over not more
than forty years from the date of transfer of possession. The lessee or
purchaser shall be required to pay all costs of operating and maintain-
ing the leased or purchased property and to pay rentals or install-
ments in amounts sufficient to pay principal of and interest and
premium, if any, on all of its bonds and other obligations as such
principal and interest become due.
Section 4. Said Act is further amended by striking paragraph (3)
of subsection (f) of Section 6 in its entirety and inserting in lieu
thereof a new paragraph (3) to read as follows:
(3) The notice to the district attorney or the Attorney General
and the notice to the public of the time, place and date of the
validation hearing need not state the rate of interest the bonds will
bear;.
Section 5. Said Act is further amended by striking Section 7 in
its entirety and inserting in lieu thereof a new Section 7 to read as
follows:
Section 7. The purposes of this Act are to develop and promote
for the public good and general welfare trade, commerce, industry
and employment opportunities and to promote the general welfare of
the State. No bonds or bond anticipation notes except refunding
1710
GENERAL ACTS AND RESOLUTIONS, VOL. I
bonds shall be issued by an Authority hereunder unless its board of
directors shall adopt a resolution finding that the project for which
such bonds or notes are to be issued will promote the foregoing
objectives and will increase or maintain employment in the territorial
area of such Authority. Notwithstanding the foregoing requirement:
(1) Bonds or bond anticipation notes may be issued to
finance projects for air and water pollution control facilities and
for sewage and solid waste disposal facilities as provided in this
Act without a finding that the project will increase or maintain
employment so long as the appropriate certification described in
this Act shall have been secured from the federal, State or local
agency having jurisdiction in the premises; and
(2) Bonds or bond anticipation notes may also be issued by
an Authority to finance the acquisition or development of land as
the site for an industrial park as provided in this Act without a
finding that the project will increase or maintain employment if
its Board of Directors shall adopt a resolution finding that the
tract of land to be included in the project is not intended for use by
a single enterprise, will be suitable primarily for use as building
sites for a group of enterprises engaged in industrial, distribution
or wholesale businesses, and that either:
(A) The control and administration of the tract is to be
vested in the Authority or in another county or joint county
and municipal development authority (or in a corporation
organized under the Georgia Nonprofit Corporation Code)
having as one of its purposes the development of trade,
commerce, industry and employment opportunities; or
(B) The uses of such tract of land are to be regulated by
protective restrictions to be approved by the Authority and
determined by the Authority to be appropriate to encourage
and facilitate use thereof by business enterprises engaged in
industrial, distribution or wholesale businesses.
Part 2
Section 6. Chapter 62 of Title 36 of the Official Code of Georgia
Annotated, relating to development authorities, is amended by strik-
ing paragraph (2) of Code Section 36-62-2 in its entirety and inserting
in lieu thereof a new paragraph (2) to read as follows:
GEORGIA LAWS 1982 SESSION
1711
(2) Cost of project includes:
(A) All costs of construction, purchase, or other form of
acquisition;
(B) All costs of real or personal property required for the
purposes of such project and of all facilities related thereto,
including land and any rights or undivided interest therein,
easements, franchises, water rights, fees, permits, approvals,
licenses, and certificates and the securing of such franchises,
permits, approvals, licenses, and certificates and the preparation
of applications therefor;
(C) All machinery, equipment, initial fuel, and other sup-
plies required for such project;
(D) Financing charges and interest prior to and during
construction and during such additional period as the authority
may reasonably determine to be necessary for the placing of such
project operation;
(E) Costs of engineering, architectural, and legal services;
(F) Fees paid to fiscal agents for financial and other advice
or supervision;
(G) Cost of plans and specifications and all expenses neces-
sary or incidental to the construction, purchase, or acquisition of
the completed project or to determining the feasibility or practica-
bility of the project; and
(H) Administrative expenses and such other expenses as
may be necessary or incidental to the financing authorized in this
chapter.
There may also be included, as part of such cost of project, the
repayment of any loans made for the advance payment of any part of
such cost, including the interest thereon. The cost of any project may
also include a fund or funds for the creation of a debt service reserve, a
renewal and replacement reserve, and such other reserves as may be
reasonably required by the authority with respect to the financing
and operation of its projects and as may be authorized by any bond
resolution or trust agreement or indenture pursuant to the provisions
1712
GENERAL ACTS AND RESOLUTIONS, VOL. I
of which the issuance of any such bonds may be authorized. Any
obligation or expense incurred for any of the foregoing purposes shall
be regarded as a part of the cost of the project and may be paid or
reimbursed as such out of the proceeds of revenue bonds or notes
issued under this chapter.
Section 7. Said chapter is further amended by striking Code
Section 36-62-5 in its entirety and inserting in lieu thereof a new Code
section to read as follows:
36-62-5. (a) The directors shall be taxpayers residing in the
county or municipal corporation for which the authority is created,
and their successors shall be appointed as provided by the resolution
provided for in Code Section 36-62-4. No director shall be an officer
or employee of the county or municipal corporation.
(b) 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.
(c) The directors shall receive no compensation for their services
but shall be reimbursed for their actual expenses incurred in the
performance of their duties; provided, however, the directors of the
development authority activated by counties having a population of
550,000 or more according to the United States decennial census of
1980 or any future such census shall be paid a per diem allowance to
be determined by the governing authority of such counties for each
day, or part thereof, spent in the performance of their duties.
(d) The authority may make bylaws and regulations for its
governance and may delegate to one or more of its officers, agents,
and employees such powers and duties as may be deemed necessary
and proper. The authority shall have perpetual existence.
(e) (1) The provisions of Code Sections 45-10-3 and 45-10-23
shall apply to all directors of the authority. The provisions of
paragraph (9) of Code Section 45-10-3 and Code Section 45-10-23
shall be deemed to have been complied with and the authority
may purchase from, sell to, borrow from, loan to, contract with, or
otherwise deal with any director or any organization or person
with which any director of the authority is in any way interested or
involved, provided (1) that any interest or involvement by such
GEORGIA LAWS 1982 SESSION
1713
director is disclosed in advance to the directors of the authority
and is recorded in the minutes of the authority, (2) that no
director having a substantial interest or involvement may be
present at that portion of an authority meeting during which
discussion of any matter is conducted involving any such organiza-
tion or person, and (3) that no director having a substantial
interest or involvement may participate in any decision of the
authority relating to any matter involving such organization or
person. As used in this subsection, a substantial interest shall
mean any interest which reasonably may be expected to result in a
direct financial benefit to such director as determined by the
authority, which determination shall be final and not subject to
review.
(2) Nothing contained herein or in Code Sections 45-10-3
and 45-10-23 shall be deemed to prohibit any director who is
present at any meeting or who participates in any decision of the
authority from providing legal services in connection with any of
the undertakings of the authority or from being paid for such
services.
Section 8. Said chapter is further amended by striking Code
Section 36-62-7 in its entirety and inserting in lieu thereof a new Code
section to read as follows:
36-62-7. No project acquired under this chapter shall be oper-
ated by an authority or any municipal corporation, county, or other
governmental subdivision. Such a project shall be leased or sold to
one or more persons, firms, or private corporations. If revenue bonds
or other obligations are to be issued to pay all or part of the cost of the
project, the project must be so leased or the contract for its sale must
be entered into prior to or simultaneously with the issuance of the
bonds or obligations; provided, however, that the acquisition and
development of land by an authority as the site for an industrial park
as provided in this chapter shall not be deemed to be the operation of
a project and, notwithstanding anything herein to the contrary, an
authority shall not be required to enter into a lease of such a project or
a contract for its sale as a condition to the issuance of bonds or other
obligations of the authority to provide financing therefor. If sold, the
purchase price may be paid at one time or in installments falling due
over not more than 40 years from the date of transfer of possession.
The lessee or purchaser shall be required to pay all costs of operating
and maintaining the leased or purchased property and to pay rentals
1714
GENERAL ACTS AND RESOLUTIONS, VOL. I
or installments in amounts sufficient to pay the principal of and the
interest and premium, if any, on all of its bonds and other obligations
as such principal and interest become due.
Section 9. Said chapter is further amended by striking para-
graph (3) of subsection (g) of Code Section 36-62-8 in its entirety and
inserting in lieu thereof a new paragraph (3) to read as follows:
(3) The notice to the district attorney or the Attorney General
and the notice to the public of the time, place, and date of the
validation hearing need not state the rate of interest the bonds will
bear;.
Section 10. Said chapter is further amended by striking Code
Section 36-62-9 in its entirety and inserting in lieu thereof a new Code
section to read as follows:
36-62-9. The purposes of this chapter are to develop and pro-
mote trade, commerce, industry, and employment opportunities, for
the public good and the general welfare, and to promote the general
welfare of the state. No bonds or bond anticipation notes, except
refunding bonds, shall be issued by an authority under this chapter
unless its board of directors adopts a resolution finding that the
project for which such bonds or notes are to be issued will promote the
foregoing objectives and will increase or maintain employment in the
territorial area of such authority. Notwithstanding the foregoing
requirement:
(1) Bonds or bond anticipation notes may be issued to
finance projects for air and water pollution control facilities and
for sewage and solid waste disposal facilities, as provided in this
chapter, without a finding that the project will increase or main-
tain employment, so long as the appropriate certification
described in this chapter has been secured from the federal, state,
or local agency having jurisdiction in the premises; and
(2) Bonds or bond anticipation notes may also be issued by
an authority to finance the acquisition or development of land as
the site for an industrial park as provided in this chapter without a
finding that the project will increase or maintain employment if
its board of directors shall adopt a resolution finding that the tract
of land to be included in the project is not intended for use by a
single enterprise; will be suitable primarily for use as building sites
GEORGIA LAWS 1982 SESSION
1715
for a group of enterprises engaged in industrial, distribution, or
wholesale businesses; and that either:
(A) The control and administration of the tract is to be
vested in the authority or in another county or joint county
and municipal development authority (or in a corporation
organized under the Georgia Nonprofit Corporation Code)
having as one of its purposes the development of trade,
commerce, industry, and employment opportunities; or
(B) The uses of such tract of land are to be regulated by
protective restrictions to be approved by the authority and
determined by the authority to be appropriate to encourage
and facilitate use thereof by business enterprises engaged in
industrial, distribution, or wholesale businesses.
Part 3
Section 11. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 12. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 19,1982.
1716
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA RESIDENTIAL FINANCE AUTHORITY
LAW AMENDED.
Code Title 8, Chapter 3 Amended.
No. 1485 (House Bill No. 1259).
AN ACT
To amend an Act known as the Georgia Residential Finance
Authority Act, approved March 26, 1974 (Ga. L. 1974, p. 975), as
amended, so as to remove the requirement that notes issued by the
authority must be secured by a capital reserve fund; to provide that
notes issued by the authority may be limited as well as general
obligations of the authority; to change the composition of the author-
ity; to enlarge the investment options of the authority; to clarify the
uses of income earned on authorized investments of the authority; to
change the maximum amount of bonds and notes which the authority
may have outstanding at any one time; to change the commingling
restrictions on the funds of the authority; to change the cross-liability
restrictions on the funds of the authority; to amend the Official Code
of Georgia Annotated accordingly; to provide effective dates; to
provide for automatic repeal of certain provisions of this Act; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act known as the Georgia Residential Finance
Authority Act, approved March 26, 1974 (Ga. L. 1974, p. 975), as
amended, is amended by striking in their entirety paragraphs (b) and
(1) of Section 3 and inserting in lieu thereof new paragraphs (b) and (1)
in the proper alphabetical sequence to read as follows:
(b) Bonds shall mean the bonds issued by the Authority, and
such bonds shall be general obligations of the Authority.
Wherever the words bond or bonds appear in sections 11 and 13
of this Act, they shall be deemed to include the words note or notes
as defined in subsection (1) of this section.
GEORGIA LAWS 1982 SESSION
1717
(1) Notes shall mean the notes issued by the Authority, and
such notes may be limited or general obligations of the Authority.
Section 2. Said Act is further amended by striking in its entirety
subsection (a) of Section 5 and inserting in lieu thereof a new
subsection (a) to read as follows:
(a) The Authority shall be composed of nine members as
follows:
(1) the Governor, or in the event he is unable to attend a
meeting, the Director of the Office of Planning and Budget;
(2) the Director of the Financing and Investment Division
of the Georgia State Financing and Investment Commission;
(3) the Commissioner of the State Department of Commu-
nity Affairs; and
(4) six public members.
No more than two public members shall be residents of the same
congressional district. At least two of the public members appointed
by the Governor shall reside outside of the Standard Metropolitan
Statistical Areas of the State and at least one such public member
shall reside within one of the Standard Metropolitan Statistical Areas
of the State. One of the public members shall be an active family
farmer. Public members shall serve for four-year terms, except as
otherwise provided by law. Such public members shall continue in
office until their successors have been appointed and qualified. In the
event of a vacancy in the office of a public member by death,
resignation or otherwise, the Governor shall appoint a successor to
serve for the balance of the unexpired term. The public members of
the Georgia Residential Finance Authority shall be subject to the
code of ethics covering members of boards, commissions and Authori-
ties heretofore adopted (Ga. L. 1976, p. 344) and shall be subject to
removal for violation thereof in the same manner (Ga. L. 1976, p. 344).
Any vacancy created by any such removal for cause shall be filled by
the Governor. The Authority shall elect a Chairman who shall be
chief executive officer of the Authority, and a Secretary. The
members of the Authority may appoint an Executive Director, who
shall be a person experienced in mortgage lending, home building or
real estate development. The Executive Director shall become an ex
1718
GENERAL ACTS AND RESOLUTIONS, VOL. I
officio nonvoting member of the Authority. The members shall
employ such technical and other personnel as may be necessary to the
performance of the powers and duties of the Authority. A majority of
members then in office shall constitute a quorum for the transaction
of any business and for the exercise of any power or function of the
Authority. No vacancy in the Authority shall impair the right of a
quorum to exercise all the rights and perform all the duties of the
Authority. Except for the issuance of debt, the Authority may
delegate to one or more of its members, the Executive Director, agent
or agents, or employees such power and duties as it may deem proper.
The public members of the Authority shall be compensated in the
amount of $44 per day, plus actual expenses incurred, for each days
service spent in the performance of the duties of the Authority;
provided, however, such compensation shall be limited to 30 days
during any one fiscal year, unless one of the public members is elected
Chairman, in which event such compensation shall be limited to 100
days during any one fiscal year. The permanent members shall be
reimbursed for actual expenses incurred in the performance of their
duties under this Act.
Section 3. Said Act is further amended by striking in its entirety
paragraph (14) of subsection (a) of Section 6 and inserting in lieu
thereof a new paragraph (14) to read as follows:
(14) subject to any agreement with bondholders, to invest
monies of the Authority not required for immediate use to carry out
the purposes of this Chapter, including the proceeds from the sale of
any bonds and any monies held in reserve funds, in obligations which
shall be limited to the following:
(A) bonds or other obligations of the State, or bonds or
other obligations the principal and interest of which are guaran-
teed by the State;
(B) bonds or other obligations of the United States or of
subsidiary corporations of the United States Government fully
guaranteed by such government;
(C) obligations of agencies of the United States Govern-
ment issued by the Federal Land Bank, the Federal Home Loan
Bank, Federal Intermediate Credit Bank, and Bank for Cooper-
atives;
GEORGIA LAWS 1982 SESSION
1719
(D) bonds or other obligations issued by any public housing
agency or municipality in the United States, which such bonds or
obligations are fully secured as to the payment of both principal
and interest by a pledge of annual contributions under an annual
contributions contract or contracts with the United States Gov-
ernment, or project notes issued by any public housing agency,
urban renewal agency or municipality in the United States and
fully secured as to payment of both principal and interest by a
requisition, loan or payment agreement with the United States
Government;
(E) certificates of deposit of national or State banks located
within the State which have deposits insured by the Federal
Deposit Insurance Corporation or the Georgia Deposit Insurance
Corporation and certificates of deposit of federal savings and loan
associations and State building and loan associations located
within the State which have deposits insured by the Federal
Savings and Loan Insurance Corporation or the Georgia Deposit
Insurance Corporation (including the certificates of deposit of any
bank, savings and loan association or building and loan association
acting as depository, custodian or trustee for any such bond
proceeds); provided, however, that the portion of such certificates
of deposit in excess of the amount insured by the Federal Deposit
Insurance Corporation or the Federal Savings and Loan Insurance
Corporation or the Georgia Deposit Insurance Corporation, if any,
shall be secured by deposit with the Federal Reserve Bank of
Atlanta, Georgia, or with any national or State bank located
within the State of one or more of the following securities in an
aggregate principal amount equal at least to the amount of such
excess: direct and general obligations of the State, or of any county
or municipality in the State, obligations of the United States or
subsidiary corporations included in subparagraph (B) above, obli-
gations of the agencies of the United States Government included
in subparagraph (C) above, or bonds, obligations or project notes
of public housing agencies, urban renewal agencies or municipali-
ties included in subparagraph (D) above; and
(F) interest-bearing time deposits, repurchase agreements,
reverse repurchase agreements, rate guarantee agreements, or
other similar banking arrangements with a bank or trust company
having capital and surplus aggregating at least fifty million dollars
($50,000,000) or with any government bond dealer reporting to,
trading with and recognized as a primary dealer by the Federal
1720
GENERAL ACTS AND RESOLUTIONS, VOL. I
Reserve Bank of New York having capital aggregating at least fifty
million dollars ($50,000,000) or with any corporation which is
subject to registration with the Board of Governors of the Federal
Reserve System pursuant to the requirements of the Bank Hold-
ing Company Act of 1956; provided that each such interest-
bearing time deposit, repurchase agreement, reverse repurchase
agreement, rate guarantee agreement or other similar banking
arrangement shall permit the monies so placed to be available for
use at the time provided with respect to the investment or
reinvestment of such monies; and provided further that all monies
in each such interest-bearing time deposit, repurchase agreement,
reverse repurchase agreement, rate guarantee agreement or other
similar banking arrangement shall be continuously and fully
secured by obligations described in subparagraphs (A), (B), (C) or
(D) of this paragraph, equal at all times to the amount of the
interest-bearing time deposits, repurchase agreement, reverse
repurchase agreement, rate guarantee agreement or other similar
banking arrangement;.
Section 4. Said Act is further amended by adding between
paragraphs (14) and (15) of subsection (a) of Section 6 a new
paragraph, to be designated paragraph (14A), to read as follows:
(14A) to use income earned on any investment authorized in
paragraph (14) of subsection (a) of Section 6 above for such corporate
purposes of the Authority as the Authority in its discretion shall
determine and provide;.
Section 5. Said Act is further amended by striking in its entirety
paragraph (3) of subsection (a) of Section 9 and inserting in lieu
thereof a new paragraph (3) to read as follows:
(3) The authority shall not have outstanding at any one time
bonds and notes for its multi-family residential housing program in
an aggregate principal amount exceeding $150 million, excluding
bonds and notes issued to refund outstanding bonds and notes.
Section 6. Said Act is further amended by striking in their
entirety paragraphs (5) and (6) of subsection (a) of Section 9 and
inserting in lieu thereof new paragraphs (5) and (6) to read as follows:
(5) On or after May 1, 1981, the Authority shall at no time
combine funds, revenues or proceeds derived from the issuance of
GEORGIA LAWS 1982 SESSION
1721
bonds and notes used to fund the single-family residential housing
program or the multi-family residential housing program with the
funds, revenues or proceeds derived from the issuance of bonds or
notes used to fund the family farm program.
(6) On or after May 1, 1981, the funds, revenues or proceeds
derived from the issuance of bonds and notes used to fund the single-
family residential housing program or the multi-family residential
housing program shall not be liable for any deficit, default, or failure
of the family farm program, nor shall the funds, revenues or proceeds
derived from the issuance of bonds and notes used to fund the family
farm program be liable for any deficit, default, or failure of either the
single-family or the multi-family residential housing programs.
Part 2
Section 7. Article 3 of Chapter 3 of Title 8 of the Official Code of
Georgia Annotated, known as the Georgia Residential Finance
Authority Act, is amended by striking in their entirety paragraphs
(3) and (13) of Code Section 8-3-172 and inserting in lieu thereof in
the proper numerical sequence new paragraphs (3) and (13) to read as
follows:
(3) Bonds means the bonds issued by the authority. Such
bonds shall be general obligations of the authority. Wherever the
word bond or bonds appears in Code Section 8-3-183, it shall be
deemed to include the word note or notes as defined in paragraph
(13) of this Code section.
(13) Notes means the notes issued by the authority. Such notes
may be limited or general obligations of the authority.
Section 8. Said article is further amended by striking in its
entirety subsection (a) of Code Section 8-3-174 and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) The authority shall be composed of nine members, as
follows:
(1) The Governor, or in the event he is unable to attend a
meeting, the director of the Office of Planning and Budget;
1722
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) The director of the Financing and Investment Division
of the Georgia State Financing and Investment Commission;
(3) The commissioner of community affairs; and
(4) Six public members to be appointed by the Governor.
Section 9. Said article is further amended by striking in its
entirety subsection (b) of Code Section 8-3-174 and inserting in lieu
thereof a new subsection (b) to read as follows:
(b) No more than two public members shall be residents of the
same congressional district. At least two of the public members shall
reside outside of the standard metropolitan statistical areas of the
state, and at least one public member shall reside within one of the
standard metropolitan statistical areas of the state. One of the public
members shall be an active family farmer. Public members shall serve
four-year terms, except as otherwise provided by law. Public mem-3
bers shall continue in office until their successors have been
appointed and have qualified. In the event of a vacancy in the office of
a public member by death, resignation, or otherwise, the Governor
shall appoint a successor to serve for the balance of the unexpired
term. The public members shall be subject to the code of ethics
covering members of boards, commissions, and authorities as con-
tained in Code Sections 45-10-3 through 45-10-5 and shall be subject
to removal for violation of that code of ethics as provided in those
Code sections. Any vacancy created by any such removal for cause
shall be filled by the Governor.
Section 10. Said article is further amended by striking in its
entirety paragraph (14) of subsection (a) of Code Section 8-3-176 and
inserting in lieu thereof a new paragraph (14) to read as follows:
(14) Subject to any agreement with bondholders, to invest
moneys of the authority not required for immediate use to carry out
the purposes of this article, including the proceeds from the sale of
any bonds and any moneys held in reserve funds, in obligations which
shall be limited to the following:
(A) Bonds or other obligations of the state, or bonds or
other obligations the principal and interest of which are guaran-
teed by the state;
GEORGIA LAWS 1982 SESSION
1723
(B) Bonds or other obligations of the United States or of
subsidiary corporations of the United States government fully
guaranteed by such government;
(C) Obligations of agencies of the United States government
issued by the Federal Land Bank, the Federal Home Loan Bank,
Federal Intermediate Credit Bank, and Bank for Cooperatives;
(D) Bonds or other obligations issued by any public housing
agency or municipality in the United States, which bonds or
obligations are fully secured as to the payment of both principal
and interest by a pledge of annual contributions under an annual
contributions contract or contracts with the United States govern-
ment, or project notes issued by any public housing agency, urban
renewal agency, or municipality in the United States and fully
secured as to payment of both principal and interest by a requisi-
tion, loan, or payment agreement with the United States govern-
ment;
(E) Certificates of deposit of national or state banks located
within the state which have deposits insured by the Federal
Deposit Insurance Corporation or the Georgia Deposit Insurance
Corporation, and certificates of deposit of federal savings and loan
associations and state building and loan associations located
within the state which have deposits insured by the Federal
Savings and Loan Insurance Corporation or the Georgia Deposit
Insurance Corporation, including the certificates of deposit of any
bank, savings and loan association, or building and loan associa-
tion acting as depository, custodian, or trustee for any such bond
proceeds; provided, however, that the portion of such certificates
of deposit in excess of the amount insured by the Federal Deposit
Insurance Corporation or the Federal Savings and Loan Insurance
Corporation or the Georgia Deposit Insurance Corporation, if any
such excess exists, shall be secured by deposit with the Federal
Reserve Bank of Atlanta, Georgia, or with any national or state
bank located within the state, of one or more of the following
securities in an aggregate principal amount equal at least to the
amount of such excess:
(i) Direct and general obligations of the state or of any
county or municipality in the state;
1724
GENERAL ACTS AND RESOLUTIONS, VOL. I
(ii) Obligations of the United States or subsidiary cor-
porations included in subparagraph (B) of this paragraph;
(iii) Obligations of agencies of the United States govern-
ment included in subparagraph (C) of this paragraph; or
(iv) Bonds, obligations, or project notes of public hous-
ing agencies, urban renewal agencies, or municipalities
included in subparagraph (D) of this paragraph; and
(F) Interest-bearing time deposits, repurchase agreements,
reverse repurchase agreements, rate guarantee agreements, or
other similar banking arrangements with a bank or trust company
having capital and surplus aggregating at least $50 million or with
any government bond dealer reporting to, trading with, and
recognized as a primary dealer by the Federal Reserve Bank of
New York having capital aggregating at least $50 million or with
any corporation which is subject to registration with the Board of
Governors of the Federal Reserve System pursuant to the require-
ments of the Bank Holding Company Act of 1956, provided that
each such interest-bearing time deposit, repurchase agreement,
reverse repurchase agreement, rate guarantee agreement, or other
similar banking arrangement shall permit the moneys so placed to
be available for use at the time provided with respect to the
investment or reinvestment of such moneys; and provided, fur-
ther, that all moneys in each such interest-bearing time deposit,
repurchase agreement, reverse repurchase agreement, rate guar-
antee agreement, or other similar banking arrangement shall be
continuously and fully secured by obligations described in sub-
paragraphs (A), (B), (C), or (D) of this paragraph, equal at all
times to the amount of the interest-bearing time deposits, repur-
chase agreement, reverse repurchase agreement, rate guarantee
agreement, or other similar banking arrangement;.
Section 11. Said article is further amended by striking in its
entirety paragraph (26) of subsection (a) of Code Section 8-3-176 and
inserting in lieu thereof new paragraphs (26) and (27) to read as
follows:
(26) To do any and all things necessary or convenient to carry
out its purposes and exercise the powers given and granted in this
article;
GEORGIA LAWS 1982 SESSION
1725
(27) To use income earned on any investment authorized in
paragraph (14) of this subsection for such corporate purposes of the
authority as the authority in its discretion shall determine and
provide.
Section 12. Said article is further amended by striking in its
entirety paragraph (3) of subsection (a) of Code Section 8-3-180 and
inserting in lieu thereof a new paragraph (3) to read as follows:
(3) The authority shall not have outstanding at any one time
bonds and notes for its multi-family residential housing program in
an aggregate principal amount exceeding $150 million, excluding
bonds and notes issued to refund outstanding bonds and notes.
Section 13. Said article is further amended by striking in their
entirety paragraphs (5) and (6) of subsection (a) of Code Section 8-3-
180 and inserting in lieu thereof new paragraphs (5) and (6) to read as
follows:
(5) On or after May 1, 1981, the authority shall at no time
combine funds, revenues, or proceeds derived from the issuance of
bonds and notes used to fund the single-family residential housing
program or the multi-family residential housing program with the
funds, revenues, or proceeds derived from the issuance of bonds or
notes used to fund the family farm program.
(6) On or after May 1, 1981, the funds, revenues, or proceeds
derived from the issuance of bonds and notes used to fund the single-
family residential housing program or the multi-family residential
housing program shall not be liable for any deficit, default, or failure
of the family farm program; nor shall the funds, revenues, or proceeds
derived from the issuance of bonds and notes used to fund the family
farm program be liable for any deficit, default, or failure of either the
single-family or the multi-family residential housing programs.
Part 3
Section 14. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
1726
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 15. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 19,1982.
DOWNTOWN DEVELOPMENT AUTHORITIES
LAW AMENDED.
Code Title 36, Chapter 62A Enacted.
No. 1486 (House Bill No. 1308).
AN ACT
To specify conditions under which an authority created pursuant
to the Downtown Development Authorities Law or created by or
pursuant to a local constitutional amendment to promote the devel-
opment of trade, commerce, industry, and employment opportunities
may deal with one of its directors or members or an organization or
person with which a director or member is in any way interested or
involved; to provide that no director who is present at any meeting or
who participates in any decision of the authority shall be prohibited
from providing legal services in connection with any of the undertak-
ings of the authority or from being paid for such services; to provide
for other matters relative to the foregoing; to amend the Official Code
of Georgia Annotated accordingly; to provide for effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act prohibiting members of state boards, bureaus,
and commissions from contracting with the agencies on which they
GEORGIA LAWS 1982 SESSION
1727
serve as members, approved February 13, 1956 (Ga. L. 1956, p. 60),
and an Act providing for a code of ethics for members of all boards,
commissions, and authorities of state government created by general
statute, approved March 5,1976 (Ga. L. 1976, p. 344), shall apply to
all directors and members of any Downtown Development Authority
created pursuant to the Downtown Development Authorities Law,
approved April 17, 1981 (Ga. L. 1981, p. 1744), as now or hereafter
amended, or any authority created by or pursuant to a local constitu-
tional amendment to promote the development of trade, commerce,
industry, and employment opportunities to the extent that the Con-
stitution authorizes the General Assembly by law to define further
and to enlarge or restrict the powers and duties of any such authority
created by or pursuant to a local constitutional amendment. The
provisions of said Acts shall be deemed to have been complied with
and any such authority may purchase from, sell to, borrow from, loan
to, contract with, or otherwise deal with any director or member or
any organization or person with which any director or member of said
authority is in any way interested or involved, provided (1) that any
interest or involvement by such director or member is disclosed in
advance to the directors or members of the authority and is recorded
in the minutes of the authority, (2) that no director having a substan-
tial interest or involvement may be present at that portion of an
authority meeting during which discussion of any matter is conducted
involving any such organization or person, and (3) that no director
having a substantial interest or involvement may participate in any
decision of the authority relating to any matter involving such
organization or person. As used herein, a substantial interest shall
mean any interest which reasonably may be expected to result in a
direct financial benefit to such director or member as determined by
the authority, which determination shall be final and not subject to
review.
Nothing contained herein or in Code Sections 89-916 and 89-953
shall be deemed to prohibit any director who is present at any
meeting or who participates in any decision of the authority from
providing legal services in connection with any of the undertakings of
the authority or from being paid for such services.
Part 2
Section 2. Title 36 of the Official Code of Georgia Annotated,
relating to local government, is amended by adding a new Chapter
62A, immediately following Chapter 62, to read as follows:
1728
GENERAL ACTS AND RESOLUTIONS, VOL. I
CHAPTER 62A
36-62A-1. (a) Code Section 45-10-3, relating to code of ethics
of members of boards, commissions, and authorities, and Code Sec-
tion 45-10-23, which prohibits members of boards, bureaus, and
commissions from contracting with agencies on which they serve as
members, shall apply to all directors and members of any downtown
development authority created pursuant to Chapter 42 of this title,
known as the Downtown Development Authorities Law, or of any
authority created by or pursuant to a local constitutional amendment
to promote the development of trade, commerce, industry, and
employment opportunities to the extent that the Constitution autho-
rizes the General Assembly by law to define further and to enlarge or
restrict the powers and duties of any such authority created by or
pursuant to a local constitutional amendment. The provisions of
paragraph (9) of Code Section 45-10-3 and Code Section 45-10-23
shall be deemed to have been complied with and any such authority
may purchase from, sell to, borrow from, loan to, contract with, or
otherwise deal with any director or member or any organization or
person with which any director or member of said authority is in any
way interested or involved, provided (1) that any interest or involve-
ment by such director or member is disclosed in advance to the
directors or members of the authority and is recorded in the minutes
of the authority, (2) that no director having a substantial interest or
involvement may be present at that portion of an authority meeting
during which discussion of any matter is conducted involving any
such organization or person, and (3) that no director having a
substantial interest or involvement may participate in any decision of
the authority relating to any matter involving such organization or
person. As used in this subsection, a substantial interest shall mean
any interest which reasonably may be expected to result in a direct
financial benefit to such director or member as determined by the
authority, which determination shall be final and not subject to
review.
(b) Nothing contained herein or in Code Sections 45-10-3 and
45-10-23 shall be deemed to prohibit any director who is present at
any meeting or who participates in any decision of the authority from
providing legal services in connection with any of the undertakings of
the authority or from being paid for such services.
GEORGIA LAWS 1982 SESSION
1729
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 19,1982.
GAME AND FISH CODE AMENDED.
Code Title 27 Amended.
No. 1487 (House Bill No. 1525).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated,
known as the Game and Fish Code, so as to eliminate the require-
ment that superior court clerks report to the Department of Natural
Resources the disposition of game and fish prosecutions; to prohibit
fleeing from or attempting to elude peace officers enforcing this title;
to eliminate the limitations upon the taking of certain nongame
species of wildlife; to impose certain additional restrictions and
limitations upon the use of public fishing areas and wildlife manage-
ment areas; to eliminate the requirement for separate salt-water and
fresh-water commercial fishing licenses for residents and nonresi-
dents; to change the provisions relating to commercial alligator
farming licenses; to delete all references to the distinction between
1730
GENERAL ACTS AND RESOLUTIONS, VOL. I
salt-water and fresh-water commercial fishing licenses; to authorize
counties to retain certain proceeds arising from the sale of confiscated
firearms and vehicles used in night deer hunting and of confiscated
boats, nets, and accessory equipment used in illegal shrimping; 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:
Section 1. Chapter 1 of Title 27 of the Official Code of Georgia
Annotated, relating to general game and fish code provisions, is
amended by striking in its entirety subsection (b) of Code Section 27-
1-14 which reads as follows:
(b) The clerk of the court in which each case is disposed of shall
promptly make a written report to the commissioner showing the
disposition of each case. Unless otherwise prohibited by law, for
making each such report the clerk shall be entitled to an additional
fee of $1.00 to be added to the costs allowed by law against the
defendant and to be retained by the clerk as his special compensation
for making the report.
Section 2. Said Chapter 1 is further amended by inserting after
Code Section 27-1-25 a new Code Section 27-1-25.1 to read as follows:
27-1-25.1. It shall be unlawful for any person operating any
motor vehicle or power boat to fail or refuse to bring such vehicle or
boat to a stop, or otherwise to flee or attempt to elude a pursuing
peace officer who is in uniform, who prominently displays his badge of
office, and who is authorized to enforce this title, when given a visible
or audible signal to bring such vehicle or boat to a stop. An officer
may give such visible or audible signal by use of his hand or voice or
by use of an emergency light or siren.
Section 3. Said Chapter 1 is further amended by striking in its
entirety subsection (a) of Code Section 27-1-28 and substituting in
lieu thereof a new subsection (a) to read as follows:
(a) Except as otherwise provided by law, rule, or regulation, it
shall be unlawful to hunt, trap, fish, take, possess, or transport any
nongame species of wildlife, except that the following species may be
taken by any method except those specifically prohibited by law or
regulation:
GEORGIA LAWS 1982 SESSION
1731
(1) Rats;
(2) Mice;
(3) Coyotes;
(4) Armadillos;
(5) Groundhogs;
(6) Beaver;
(7) Fresh-water turtles;
(8) Poisonous snakes;
(9) Frogs;
(10) Spring lizards;
(11) Fiddler crabs;
(12) Fresh-water crayfish; and
(13) Fresh-water mussels.
Section 4. Said Chapter 1 is further amended by striking in its
entirety subsection (a) of Code Section 27-1-33 and substituting in
lieu thereof a new subsection (a) to read as follows:
(a) It shall be unlawful to enter upon or to hunt, trap, or fish on
any public fishing area or wildlife management area owned or oper-
ated by the department except in compliance with all applicable laws
and all rules and regulations promulgated by the board including, but
not limited to, any law, rule, or regulation relating to seasons or bag
limits or requiring a special permit. Further, it shall be unlawful for
any person except those specifically excluded by law to hunt on a
wildlife management area without a valid wildlife management area
stamp as authorized by Code Section 27-1-4. Such stamp must be
affixed to a valid hunting license and signed by the license holder.,
and by striking in their entirety subsections (b) and (c) of said Code
Section 27-1-33, which read as follows:
1732
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) It shall be unlawful for any person to possess any firearm or
bow on any public hunting, fishing, or game management area owned
or operated, or owned and operated, by the department except during
a legal open hunting season for that area and except when such
firearm or bow and arrow is unloaded and stored so as not to be
readily accessible.
(c) It shall be unlawful for any person to be under the influence
of drugs, intoxicating liquors, beers, or wines on any public hunting,
fishing, or game management area. The determination of whether
any person is under the influence of drugs or intoxicating liquors,
beers, or wines may be made in accordance with Code Section 40-6-
392.,
and by redesignating subsection (d) as subsection (b).
Section 5. Chapter 2 of said Title 27, relating to licenses,
permits, and stamps, is amended by striking in its entirety paragraph
(5) of Code Section 27-2-23 pertaining to commercial fishing licenses
and substituting in lieu thereof a new paragraph (5) to read as follows:
(5) Commercial fishing licenses:
(A) Resident commercial fishing license
.................................Season $15.00
(B) Nonresident commercial fishing license
.................................Season 100.25
(C) Resident commercial eel fishing license
.................................Season 25.00
(D) Nonresident commercial eel fishing license
.................................Season 100.00
Section 6. Said Chapter 2 of Title 27 is further amended by
striking subparagraph (0) of paragraph (7) of Code Section 27-2-23 in
its entirety and substituting in lieu thereof a new subparagraph (0) to
read as follows:
GEORGIA LAWS 1982 SESSION
1733
(0) Commercial alligator farming license
...................................Annual 25.00
Section 7. Title 27, Game and Fish, is amended by striking the
words salt-water and fresh-water wherever they appear in said
title in conjunction with the phrase commercial fishing license.
Section 8. Chapter 3 of said Title 27, relating to wildlife
generally, is amended by inserting after Code Section 27-3-1 a new
Code Section 27-3-1.1 to read as follows:
27-3-1.1. It shall be unlawful for any person on any wildlife
management area owned or operated by the department:
(1) To possess a firearm during a closed hunting season for
that area unless such firearm is unloaded and stored in a motor
vehicle so as not to be readily accessible;
(2) To possess a loaded firearm in a motor vehicle during a
legal open hunting season for that area;
(3) To be under the influence of drugs, intoxicating liquors,
beers, or wines. The determination of whether any person is under
the influence of drugs or intoxicating liquors, beers, or wines may
be made in accordance with Code Section 40-6-392;
(4) To hunt within 50 yards of any road which receives
regular maintenance for the purpose of public vehicular access;
(5) To target practice, except where an authorized shooting
range is made available by the department, and then only in a
manner consistent with the rules for shooting ranges promulgated
by the board;
(6) To drive a vehicle around a closed gate, cable, sign, or
other structure or device intended to prevent vehicular access to a
road entering onto or within such an area;
(7) To hunt within any posted safety zone;
(8) To camp upon or drive a motor vehicle over any perma-
nent pasture or area planted in crops;
1734
GENERAL ACTS AND RESOLUTIONS, VOL. I
(9) While hunting bears in any such area opened to bear
hunting, to kill a female bear with cub(s) or to kill a cub weighing
less than 75 pounds;
(10) To fail to report the killing of a deer, bear, or turkey in
the manner specified by the rules of the department for that
wildlife management area on the date killed to the state game and
fish checking station on the area;
(11) To hunt small game during a managed deer or turkey or
bear hunt;
(12) To construct any tree stand or to hunt from any tree
stand except a portable or natural tree stand;
(13) To trap except with a special trapping permit issued by
the department.
Section 9. Said Chapter 3 is further amended by striking in its
entirety subsection (c) of Code Section 27-3-48 and by substituting in
lieu thereof a new subsection (c) to read as follows:
(c) The district attorney whose circuit includes the county in
which a seizure is made, within 30 days after the seizure of any
vehicle, boat, animal, or firearm used in the hunting of deer at night,
shall institute proceedings by petition in the superior court of any
county where the seizure was made against the property so seized and
against any and all persons having an interest in or right affected by
the seizure or sale of such property. A copy of the petition shall be
served upon the owner or lessee of the property, if known, and upon
the person or persons having custody or possession of the property at
the time of the confiscation or seizure. If the owner, lessee, or person
or persons having custody or possession of the property at the time of
seizure is unknown, notice of such proceedings shall be published
once a week for two consecutive weeks in the newspaper in which
sheriffs advertisements of the county are published. The publication
shall be deemed notice to any and all persons having an interest in or
right affected by the proceeding and any sale of the property resulting
therefrom. If no defense or intervention shall be filed within 30 days
from the filing of the petition, judgment by default shall be entered
by the court; otherwise, the case shall proceed as other civil cases.
Should it appear upon the trial of the case or upon default that the
property was so used and that such use was with the consent, express
GEORGIA LAWS 1982 SESSION
1735
or implied, of the owner, the property shall be sold by order of the
court after such advertisement as the court may direct. The proceeds
arising from the sale shall be applied:
(1) To the payment of proper costs and expenses, including
expenses incurred in the seizure;
(2) To the payment of the cost of the court and its officers;
(3) To the payment of any cost incurred in the storage,
advertisement, maintenance, or care of the property; and
(4) If any money remains, to the general funds of the
county.
The Attorney General may, upon the request of the commissioner,
aid the district attorney in the in rem proceeding arising from any
seizure or confiscation of property.
Section 10. Chapter 4 of said Title 27, relating to fish, is
amended by inserting in Code Section 27-4-11.1 a new subsection (a)
which shall read as follows:
(a) It shall be unlawful for any person on any public fishing
area owned or operated by the department:
(1) To possess a firearm during a closed hunting season for
that area unless such firearm is unloaded and stored in a motor
vehicle so as not to be readily accessible;
(2) To possess a loaded firearm in a motor vehicle during a
legal open hunting season for that area;
(3) To be under the influence of drugs, intoxicating liquors,
beers, or wines. The determination of whether any person is under
the influence of drugs or intoxicating liquors, beers, or wines may
be made in accordance with Code Section 40-6-392.
and by redesignating subparagraphs (a) through (n) as (b) through
(o).
Section 11. Said Chapter 4 is further amended by striking in its
entirety subsection (a) of Code Section 27-4-137 and substituting in
lieu thereof a new subsection (a) to read as follows:
1736
GENERAL ACTS AND RESOLUTIONS, VOL. I
(a) Each boat, propulsion unit, net, door, boom, winch, cable,
electronic device, or accessory equipment used in violation of Code
Section 27-4-133, 27-4-170, or 27-4-171 is declared to be contraband
and forfeited to the state and shall be confiscated and seized by any
peace officer, who shall impound it in the name of the district
attorney whose circuit includes the county in which a seizure is made.
The district attorney whose circuit includes the county in which a
seizure is made, within 30 days after the seizure of any such equip-
ment, shall institute proceedings by petition in the superior court of
any county where the seizure was made against the property so seized
and against any and all persons having an interest in or right affected
by the seizure or sale of the equipment. A copy of the petition shall be
served upon the owner or lessee of the equipment, if known, and upon
the person having custody or possession of the equipment at the time
of the confiscation or seizure. If the owner, lessee, or person having
custody or possession of the equipment at the time of seizure is
unknown, notice of such proceedings shall be published once a week
for two consecutive weeks in the newspaper in which sheriffs adver-
tisements of the county are published. Such publication shall be
deemed notice to any and all persons having an interest in or right
affected by such proceedings and any sale of the equipment resulting
therefrom. If no defense or intervention shall be filed within 30 days
from the filing of the petition, judgment by default shall be entered
by the court; otherwise, the case shall proceed as other civil cases.
Should it appear upon the trial of the case or upon default that such
equipment was used in violation of the Code sections heretofore cited
in this subsection, the equipment shall be sold by order of the court
after such advertisement as the court may direct. The proceeds
arising from the sale shall be applied:
(1) To the payment of proper costs and expenses, including
expenses incurred in the seizure;
(2) To the payment of the costs of the court and its officers;
(3) To the payment of any costs incurred in the storage,
advertisement, maintenance, or care of such property; and
(4) If any money remains, to the general funds of the
county.
Section 12. In the event any section, subsection, sentence,
clause, or phrase of this Act shall be declared or adjudged invalid or
GEORGIA LAWS 1982 SESSION
1737
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
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. This Act shall become effective on November 1,
1982.
Section 14. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 19,1982.
COURTS OF LIMITED JURISDICTION
COMPENSATION ACT OF 1982.
Code Title 15, Chapter 22 Enacted.
No. 1488 (House Bill No. 1847).
AN ACT
To provide the compensation of judges of certain courts of limited
jurisdiction; to provide definitions; to provide for applicability; to
provide for the procedures whereby the governing authority of a
county shall select the method of compensating the judges; to provide
for alternative compensation plans for judges of courts of limited
jurisdiction; to provide for the operation and administration of these
plans; to provide for the designation of judges as full-time judges and
part-time judges of courts of limited jurisdiction; to provide for
certain reports; to provide penalties; to provide for the disposition of
certain funds; to provide for the scheduling of judges; to amend the
Official Code of Georgia Annotated accordingly; to provide effective
1738
GENERAL ACTS AND RESOLUTIONS, VOL. I
dates; to provide for automatic repeal of certain provisions of this Act;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Short Title. This Act shall be known and may be cited
as the Courts of Limited Jurisdiction Compensation Act of 1982.
Section 2. Definitions. As used in this Act, the term:
(1) Court of limited jurisdiction means a justice of the
peace court, a small claims court, or any other court in which the
judge is compensated, in whole or in part, from fees charged and
collected for the performance of the duties of said court.
(2) Full-time judge means a judge who serves on a contin-
uing basis and who devotes a minimum of 40 hours per week to the
performance of the official duties of his judicial office and whose
court is open for the transaction of the publics business during
normal working hours in accordance with Code Section 23-103.
(3) Fund means the Courts of Limited Jurisdiction Fund
created by Section 6 of this Act.
(4) Judge means a justice of the peace, as defined in
paragraph (5) of this section, a judge of a small claims court who
has been duly certified by the Georgia Justice Courts Training
Council in accordance with an Act approved March 14,1978 (Ga.
L. 1978, p. 894), as amended, or who is exempt from certification,
or a judge of any other court to which the provisions of this Act
shall apply.
(5) Justice of the peace means a justice of the peace or a
notary public ex officio justice of the peace who has been duly
certified by the Georgia Justice Courts Training Council in
accordance with an Act approved March 14,1978 (Ga. L. 1978, p.
894), as amended.
(6) Part-time judge means any judge other than a full-
time judge, provided such judge devotes a minimum of 20 hours
per week to the performance of the official duties of his judicial
office.
GEORGIA LAWS 1982 SESSION
1739
(7) Trustee means a person designated to administer the
Courts of Limited Jurisdiction Compensation Fund established
by Section 6 of this Act.
Section 3. Applicability. The provisions of this Act shall apply
to any county containing a court of this state created pursuant to
Article VI of the Constitution of this state or any general or local Act
enacted pursuant thereto in which the judge of said court is compen-
sated in whole or in part by fees charged and collected for the
performance of the duties of said court. The provisions of this Act
shall not apply to any court in which the judge is compensated by the
state or any political subdivision thereof on a salaried basis.
Section 4. Election of Method of Compensating Judges, (a) The
governing authority of each county of this state in which there is a
court in which the judge of said court is compensated, in whole or in
part, by fees charged and collected for the performance of the duties
of said court shall, prior to July 1,1982, elect to provide compensation
for the judges of the courts of limited jurisdiction on a salary basis as
provided in Section 5 of this Act or as provided in Section 6 of this
Act. The election shall be made in the form of a resolution adopted in
accordance with the provisions of Paragraph I of Section II of Article
IX of the Constitution relating to home rule for counties.
(b) If the governing authority of such county fails to make the
election provided for in subsection (a) of this section, the judges of the
courts of limited jurisdiction shall be compensated in accordance with
Section 6 of this Act.
(c) Copies of the resolution electing a method of compensation
as provided in this section shall be sent by first-class mail to the judge
or judges of the courts of limited jurisdiction.
(d) After June 30,1983, the governing authority of any county in
which the provisions of this Act are applicable may, after notice and
hearing, elect to change from the plan for compensating judges of
courts of limited jurisdiction adopted pursuant to subsection (a) of
this section to the alternative plan authorized by this Act. The
governing authority shall give 90 days notice of its intention to
change the plan of compensation. Such notice shall be in writing and
shall be accomplished by sending a copy of the notice to each judge
affected and to the clerk of the superior court. The change of plan of
compensation shall be made in the form of a resolution adopted in
1740
GENERAL ACTS AND RESOLUTIONS, VOL. I
accordance with the provisions of subsection (a) of this section.
However, the amount of compensation paid to any judge pursuant to
this Act shall not be reduced as a result of a change in plan of
compensation made in accordance with this subsection.
Section 5. Plan of Compensation A, (a) Effective July 1,
1982, each full-time and part-time judge as determined by Section 7
of this Act shall be compensated by a reasonable salary established by
the governing authority of the county. The salary shall be the same
for all full-time judges and the same for all part-time judges.
(b) The governing authority of the county may provide for
additional compensation provided that any such additional compen-
sation shall apply uniformly to all judges of courts of limited jurisdic-
tion.
(c) The judges of courts of limited jurisdiction who are compen-
sated in accordance with this section shall charge and collect for the
official duties performed by them the same fees as are provided by
law but any and all such fees so collected shall be the property of the
county and shall be paid into the county treasury as provided by an
Act approved March 10,1964 (Ga. L. 1964, p. 337).
(d) Expenses for additional personnel, equipment, supplies, and
other necessary and reasonable expenses for the operation of the
court shall be paid out of such funds as shall be budgeted by the
county governing authority for the operation of such courts of limited
jurisdiction.
Section 6. Plan of Compensation B. (a) Effective July 1,
1982, in each county which has not adopted a resolution to provide
compensation as provided in Section 5, there is established a special
fund which shall be known as the Courts of Limited Jurisdiction
Fund. The fund shall be administered by a trustee as provided in
subsections (h), (i), and (j) of this section and shall be subject to the
audit and annual report provisions of Sections 8 and 9 of an Act
providing local government financial management standards,
approved April 8,1980 (Ga. L. 1980, p. 1738).
(b) The judges of courts of limited jurisdiction who are compen-
sated in accordance with this section shall charge and collect for the
official duties performed by them the same fees as are provided by
law, but any and all fees so collected shall be paid into the fund as
provided in subsection (c) of this section.
GEORGIA LAWS 1982 SESSION
1741
(c) It shall be the duty of each judge of a court of limited
jurisdiction to receive and account for all fees charged and collected
and, on or before the first Monday of each month, to file with the
trustee, on a form provided by the administrative office of the courts,
a report of all fees and costs charged and collected during the month
next preceding such report, giving the date, amount, style of the case,
if any, and the names of persons from whom such fees were received,
and to pay to the trustee so much as he shall have received. The
trustee shall deposit all such fees received in the fund.
(d) The trustee shall make disbursements and withdrawals from
the fund in order to pay such reasonable and necessary expenses of
the courts of limited jurisdiction, including compensation of the
trustee, as the chief judge of the superior court may direct.
(e) Each full-time and part-time judge of a court of limited
jurisdiction shall receive an annual salary which shall be determined
by order of the judges of the superior court of the county; however, the
annual salary shall be the same for all full-time judges and the same
for all part-time judges and any salary shall be subject to approval by
the county governing authority.
(f) The annual salaries of the judges of the courts of limited
jurisdiction shall be paid by the trustee in equal monthly installments
out of the fund.
(g) The judges of the courts of limited jurisdiction may, with the
approval of the judges of the superior court, employ such additional
personnel as may be necessary for them to perform the duties of their
office and fix their salaries. However, such personnel as were regu-
larly employed by a judge of a court of limited jurisdiction on or
before March 1, 1982, shall be approved unless the judges of the
superior court find that the anticipated revenue to be received from
fees charged and collected will be insufficient to pay the salaries of the
judges and such additional personnel of the courts of limited jurisdic-
tion and the reasonable and necessary expenses of such courts.
(h) The judges of the courts of limited jurisdiction may, with the
approval of the judges of the superior court, select some competent
person to serve as trustee of the fund. The judges of the superior
court shall by order appoint said person and a copy of the appoint-
ment shall be recorded on the minutes of the superior court. Any
person appointed trustee of the fund shall, before entering into the
1742
GENERAL ACTS AND RESOLUTIONS, VOL. I
duties of said office, take and subscribe to the oath of office pre-
scribed by Code Section 89-302 and shall execute a bond with good
security in the same amount as is prescribed by law for the clerk of the
superior court of the county in which said trustee shall serve. Said
bond shall be payable to the clerk of the superior court and condi-
tioned for the faithful discharge of the trustees duties. The trustee
shall serve at the pleasure of the judges of the superior court.
(i) The trustee of the fund shall annually, on or before the first
day of January, file with the clerk of the superior court a full
statement of all receipts and disbursements and a full statement and
schedule of all funds in his hands as trustee.
(j) Any person who is eligible to be appointed a trustee under the
laws of this state, including the holder of any other public office under
the laws of this state or any political subdivision thereof, may be
appointed trustee of the fund.
(k) In the event the fees paid into the fund are insufficient to pay
all or a part of the annual salary of the judges and the expenses of the
courts, the governing authority shall pay into the fund an amount
necessary to pay such deficit. In the event the fees paid into the fund
exceed the salaries and expenses paid from the fund the excess shall
be paid into the county treasury.
Section 7. Election of Full-time or Part-time Judges,
(a) Within 30 days of the effective date of Part 1 of this Act, each
judge of a court of limited jurisdiction shall notify in writing the chief
judge of the superior court whether such judge desires to be desig-
nated a full-time or a part-time judge effective on July 1,1982. A copy
of this notice shall also be provided to the governing authority of the
county.
(b) (1) The judges of the superior court shall within 50 days of
the effective date of Part 1 of this Act review the requests of the
judges of the courts of limited jurisdiction of each county within
the circuit and determine which judges shall be full-time judges
and which shall be part-time judges. The number of full-time and
part-time judges shall be subject to the approval of the governing
authority of tbe county. In making this determination, the judges
of the superior court shall take into consideration the following
factors:
GEORGIA LAWS 1982 SESSION
1743
(A) The desire of the judge concerned;
(B) The population of the county;
(C) The case load of the courts of limited jurisdiction
prior to March 1,1982;
(D) The presentments, if any, of previous grand juries
concerning each court of limited jurisdiction;
(E) The background, education, and experience of the
judge concerned;
(F) The requirement of Section 9 of this Act that at
least one of the judges of the courts of limited jurisdiction
shall be available at all times for the purpose of acting on
applications for arrest and search warrants;
(G) Whether the judge presently serves full time; and
(H) The jurisdiction of the court.
(2) Neither race, religion, creed, national origin, sex, age,
physical handicap, nor political affiliation shall be considered in
making the determination.
(c) No judge of a court of limited jurisdiction who elects to be a
part-time judge shall without his consent be designated as a full-time
judge.
(d) The decision of the judges of the superior court shall be made
in an order signed by the chief judge which shall be entered in the
minutes of the superior court. Copies of the order shall be sent by
first-class mail to each concerned judge of a court of limited jurisdic-
tion and to the governing authority of the county.
(e) Any person who shall be elected or appointed judge of a court
of limited jurisdiction after the effective date of Part 1 of this Act
shall, within ten days of taking his oath of office, notify the chief judge
of the superior court in writing whether such judge desires to become
a full-time or a part-time judge. A copy of this notice shall be sent to
the governing authority of the county.
1744
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) Within a reasonable time after the receipt of the notice
provided in subsection (e) of this section, the judges of the superior
court shall determine, in accordance with subsection (b) of this
section, whether the judge shall be a full-time judge or a part-time
judge.
Section 8. Reports of Judges of Courts of Limited Jurisdiction,
(a) On or before June 1, 1982, each judge of a court of limited
jurisdiction shall file with the clerk of superior court a true and
accurate report showing all gross receipts from fees and costs received
in the performance of the official duties of his office together with
such disbursements as may have been made for supplies, equipment,
and personnel during the period from January 1, 1981, through
December 31,1981. The report shall itemize the amount paid to any
person as salary or wages during said period, shall give the name of
the person, and shall give the reason for the payment.
(b) Said report shall be made in duplicate on forms provided by
the administrative office of the courts and shall be verified by the
judge of the court of limited jurisdiction.
(c) Any judge of a court of limited jurisdiction who fails to file
the report specified by this section shall be guilty of a misdemeanor.
(d) The chief judge of the superior court of the circuit may, for
good cause shown, grant an extension of not more than ten days for
filing the report required by this section.
Section 9. Scheduling of Judges, (a) The judges of the courts of
limited jurisdiction in each county shall, on or before July 1, 1982,
develop a written schedule which ensures that at least one such judge
is available 24 hours per day, seven days per week for the purpose of
issuing arrest and search warrants. The schedule may be revised from
time to time as may be necessary.
(b) In the event the judges of said courts are unable to agree on a
schedule or fail to establish one, the judges of the superior court shall
establish a schedule.
(c) A copy of the schedule shall be provided to the sheriff, the
chief of each law enforcement agency within the county, and the head
of any state law enforcement agency located within the judicial
circuit.
GEORGIA LAWS 1982 SESSION
1745
Part 2
Section 10. Title 15 of the Official Code of Georgia Annotated,
relating to courts, is amended by adding at the end thereof a new
Chapter 22 to read as follows:
CHAPTER 22
15-22-1. This chapter shall be known and may be cited as the
Courts of Limited Jurisdiction Compensation Act of 1982.
15-22-2. As used in this chapter, the term:
(1) Court of limited jurisdiction means a justice of the
peace court, a small claims court, or any other court in which the
judge is compensated, in whole or in part, from fees charged and
collected for the performance of the duties of said court.
(2) Full-time judge means a judge who serves on a continu-
ing basis and who devotes a minimum of 40 hours per week to the
performance of the official duties of his judicial office and whose
court is open for the transaction of the publics business during
normal working hours in accordance with Code Section 36-1-12.
(3) Fund means the Courts of Limited Jurisdiction Fund
created by Code Section 15-22-6.
(4) Judge means a justice of the peace, as defined in
paragraph (5) of this Code section, a judge of a small claims court
who has been duly certified by the Georgia Justice Courts Train-
ing Council in accordance with Article 5 of Chapter 10 of Title 15,
or who is exempt from certification, or a judge of any other court
to which the provisions of this chapter shall apply.
(5) Justice of the peace means a justice of the peace or a
notary public ex officio justice of the peace who has been duly
certified by the Georgia Justice Courts Training Council in
accordance with Article 5 of Chapter 10 of Title 15.
(6) Part-time judge means any judge other than a full-time
judge, provided such judge devotes a minimum of 20 hours per
week to the performance of the official duties of his judicial office.
1746
GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) Trustee means a person designated to administer the
Courts of Limited Jurisdiction Compensation Fund established
by Code Section 15-22-6.
15-22-3. The provisions of this chapter shall apply to any county
containing a court of this state created pursuant to Article VI of the
Constitution of this state or any general or local Act enacted pursuant
thereto in which the judge of said court is compensated in whole or in
part by fees charged and collected for the performance of the duties of
said court. The provisions of this chapter shall not apply to any court
in which the judge is compensated by the state or any political
subdivision thereof on a salaried basis.
15-22-4. (a) The governing authority of each county of this
state in which there is a court in which the judge of said court is
compensated, in whole or in part, by fees charged and collected for the
performance of the duties of said court shall, prior to July if 1982,
elect to provide compensation for the judges of the courts of limited
jurisdiction on a salary basis as provided in Code Section 15-22-5 or as
provided in Code Section 15-22-6. The election shall be made in the
form of a resolution adopted in accordance with the provisions of
Article IX of the Constitution, relating to home rule for counties.
(b) If the governing authority of such county fails to make the
election provided for in subsection (a) of this Code section, the judges
of the courts of limited jurisdiction shall be compensated in accord-
ance with Code Section 15-22-6.
(c) Copies of the resolution electing a method of compensation
as provided in this Code section shall be sent by first-class mail to the
judge or judges of the courts of limited jurisdiction.
(d) After June 30,1983, the governing authority of any county in
which the provisions of this chapter are applicable may, after notice
and hearing, elect to change from the plan for compensating judges of
courts of limited jurisdiction adopted pursuant to subsection (a) of
this Code section to the alternative plan authorized by this chapter.
The governing authority shall give 90 days notice of its intention to
change the plan of compensation. Such notice shall be in writing and
shall be accomplished by sending a copy of the notice to each judge
affected and to the clerk of the superior court. The change of plan of
compensation shall be made in the form of a resolution adopted in
accordance with the provisions of subsection (a) of this Code section.
GEORGIA LAWS 1982 SESSION
1747
However, the amount of compensation paid to any judge pursuant to
this chapter shall not be reduced as a result of a change in plan of
compensation made in accordance with this subsection.
15-22-5. (a) Each full-time and part-time judge of a court of
limited jurisdiction as determined by Code Section 15-22-7 shall be
compensated by a reasonable salary established by the governing
authority of the county. The salary shall be the same for all full-time
judges and the same for all part-time judges.
(b) The governing authority of the county may provide for
additional compensation, provided that any such additional compen-
sation shall apply uniformly to all judges of courts of limited jurisdic-
tion.
(c) The judges of courts of limited jurisdiction who are compen-
sated in accordance with this Code section shall charge and collect for
the official duties performed by them the same fees as are provided by
law, but any and all such fees so collected shall be the property of the
county and shall be paid into the county treasury as provided in Code
Section 36-1-9.
(d) Expenses for additional personnel, equipment, supplies, and
other necessary and reasonable expenses for the operation of the
court shall be paid out of such funds as shall be budgeted by the
county governing authority for the operation of such courts of limited
jurisdiction.
15-22-6. (a) In each county which has not adopted a resolution
to provide compensation as provided in Code Section 15-22-5, there is
established a special fund which shall be known as the Courts of
Limited Jurisdiction Fund. The fund shall be administered by a
trustee as provided in subsections (h), (i), and (j) of this Code section
and shall be subject to the audit and annual report provisions of
Chapter 81 of Title 36.
(b) The judges of courts of limited jurisdiction who are compen-
sated in accordance with this Code section shall charge and collect for
the official duties performed by them the same fees as are provided by
law, but any and all fees so collected shall be paid into the fund as
provided in subsection (c) of this Code section.
1748
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) It shall be the duty of each judge of a court of limited
jurisdiction to receive and account for all fees charged and collected
and, on or before the first Monday of each month, to file with the
trustee, on a form provided by the administrative office of the courts,
a report of all fees and costs charged and collected during the month
next preceding such report, giving the date, amount, style of the case,
if any, and the names of persons from whom such fees were received,
and to pay to the trustee so much as he shall have received. The
trustee shall deposit all such fees received in the fund.
(d) The trustee shall make disbursements and withdrawals from
the fund in order to pay such reasonable and necessary expenses of
the courts of limited jurisdiction, including compensation of the
trustee, as the chief judge of the superior court may direct.
(e) Each full-time and part-time judge of a court of limited
jurisdiction shall receive an annual salary which shall be determined
by order of the judges of the superior court of the county; however, the
annual salary shall be the same for all full-time judges and the same
for all part-time judges and any salary shall be subject to approval by
the county governing authority.
(f) The annual salaries of the judges of the courts of limited
jurisdiction shall be paid by the trustee in equal monthly installments
out of the fund.
(g) The judges of the courts of limited jurisdiction may, with the
approval of the judges of the superior court, employ such additional
personnel as may be necessary for them to perform the duties of their
office and fix their salaries. However, such personnel as were regu-
larly employed by a judge of a court of limited jurisdiction on or
before March 1, 1982, shall be approved unless the judges of the
superior court find that the anticipated revenue to be received from
fees charged and collected will be insufficient to pay the salaries of the
judges and such additional personnel of the courts of limited jurisdic-
tion and the reasonable and necessary expenses of such courts.
(h) The judges of the courts of limited jurisdiction may, with the
approval of the judges of the superior court, select some competent
person to serve as trustee of the fund. The judges of the superior
court shall by order appoint said person and a copy of the appoint-
ment shall be recorded on the minutes of the superior court. Any
person appointed trustee of the fund shall, before entering into the
GEORGIA LAWS 1982 SESSION
1749
duties of said office, take and subscribe to the oath of office pre-
scribed by Code Section 45-3-1 and shall execute a bond with good
security in the same amount as is prescribed by law for the clerk of the
superior court of the county in which said trustee shall serve. Said
bond shall be payable to the clerk of the superior court and condi-
tioned for the faithful discharge of the trustees duties. The trustee
shall serve at the pleasure of the judges of the superior court.
(i) The trustee of the fund shall annually, on or before the first
day of January, file with the clerk of the superior court a full
statement of all receipts and disbursements and a full statement and
schedule of all funds in his hands as trustee.
(j) Any person who is eligible to be appointed a trustee under the
laws of this state, including the holder of any other public office under
the laws of this state or any political subdivision thereof, may be
appointed trustee of the fund.
(k) In the event the fees paid into the fund are insufficient to pay
all or a part of the annual salary of the judges and the expenses of the
courts, the governing authority shall pay into the fund an amount
necessary to pay such deficit. In the event the fees paid into the fund
exceed the salaries and expenses paid from the fund, the excess shall
be paid into the county treasury.
15-22-7. (a) Any person who shall be elected or appointed
judge of a court of limited jurisdiction after November 1,1982, shall,
within ten days of taking his oath of office, notify the chief judge of
the superior court in writing whether such judge desires to become a
full-time or part-time judge. A copy of this notice shall be sent to the
governing authority of the county. The judges of the superior court
shall then determine whether the judge shall be a full-time or part-
time judge. The number of full-time and part-time judges shall be
subject to the approval of the governing authority of the county.
(b) (1) In determining whether a judge shall be a full-time or a
part-time judge, the judges of the superior court shall take into
consideration the following factors:
(A) The desire of the judge concerned;
(B) The population of the county;
1750
GENERAL ACTS AND RESOLUTIONS, VOL. I
(C) The case load of the courts of limited jurisdiction;
(D) The presentments, if any, of previous grand juries
concerning each court of limited jurisdiction;
(E) The background, education, and experience of the
judge concerned;
(F) The requirement of Code Section 15-22-8 that at
least one of the judges of the courts of limited jurisdiction
shall be available at all times for the purpose of acting on
applications for arrest and search warrants;
(G) Whether the judge presently serves full time; and
(H) The jurisdiction of the court.
(2) Neither race, religion, creed, national origin, sex, age,
physical handicap, nor political affiliation shall be considered in
making the determination.
(c) No judge of a court of limited jurisdiction who elects to be a
part-time judge shall without his consent be designated as a full-time
judge.
(d) The decision of the judges of the superior court shall be made
in an order signed by the chief judge which shall be entered in the
minutes of the superior court. Copies of the order shall be sent by
first-class mail to each concerned judge of a court of limited jurisdic-
tion and to the governing authority of the county.
(e) Within a reasonable time after the receipt of the notice
provided in subsection (a) of this Code section, the judges of the
superior court shall determine, in accordance with this Code section,
whether the judge shall be a full-time judge or a part-time judge.
15-22-8. (a) The judges of the courts of limited jurisdiction in
each county shall develop a written schedule which ensures that at
least one such judge is available 24 hours per day, seven days per week
for the purpose of issuing arrest and search warrants. The schedule
may be revised from time to time as may be necessary.
GEORGIA LAWS 1982 SESSION
1751
(b) In the event the judges of said courts are unable to agree on a
schedule or fail to establish one, the judges of the superior court shall
establish a schedule.
(c) A copy of the schedule shall be provided to the sheriff, the
chief of each law enforcement agency within the county, and the head
of any state law enforcement agency located within the judicial
circuit.
Part 3
Section 11. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on the first day of the
month following the month in which it is approved by the Gover-
nor or in which it becomes law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 12. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 19,1982.
MOTOR VEHICLE SAFETY RESPONSIBILITY
ACT AMENDED.
Code Title 68C Amended.
No. 1489 (Senate Bill No. 208).
AN ACT
To amend Code Title 68C, known as the Motor Vehicle Safety
Responsibility Act, as amended, so as to change a definition; to
1752
GENERAL ACTS AND RESOLUTIONS, VOL. I
change the minimum liability insurance limits for damage or destruc-
tion to property of others; to provide for certain editorial changes; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 68C, known as the Motor Vehicle Safety
Responsibility Act, as amended, is hereby amended by striking
paragraph (5) of subsection (b) of Code Section 68C-101 in its entirety
and inserting in lieu thereof a new paragraph (5) to read as follows:
(5) Proof of Financial Responsibility(A) Proof of ability to
respond in damages for liability, on account of accidents occurring
subsequent to the effective date of said proof, in the amount of
$10,000.00 because of bodily injury to or death of one person in any
one accident, and subject to said limit for one person, in the amount
of $20,000.00 because of bodily injury to or death of two or more
persons in any one accident, and in the amount of $10,000.00 because
of injury to or destruction of property of others in any one accident, or
(B) Proof of ability to respond in compensation to certain
injured individuals, without regard to fault, up to an aggregate
minimum limit of $5,000.00 per injured person in compliance with the
provisions of the Georgia Motor Vehicle Accident Reparations Act
(Ga. Laws 1974, p. 113).
Section 2. Said Code title is further amended by striking
subsection (a) of Code Section 68C-307 in its entirety and inserting in
lieu thereof a new subsection (a) to read as follows:
(a) No policy shall be effective under Section 68C-304 unless
issued by an insurance company authorized to do business in this
state, except as provided in subsection (b) of this section, nor unless
such policy or bond is subject, if the accident has resulted in bodily
injury or death, to a limit, exclusive of interest and costs, of not less
than $10,000.00 because of bodily injury or death of one person in any
one accident and, subject to said limit for one person, to a limit of not
less than $20,000.00 because of bodily injury or death to two or more
persons in any one accident, and if the accident has resulted in injury
GEORGIA LAWS 1982 SESSION
1753
to, or destruction of, property, to a limit of not less than $10,000.00
because of injury to or destruction of property of others in any one
accident.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 19,1982.
TRACTORS AND FARM EQUIPMENT.
Code Title 13, Chapter 8 Amended.
No. 1491 (Senate Bill No. 468).
AN ACT
To amend Title 13 of the Official Code of Georgia Annotated,
relating to contracts, so as to provide for certain transactions, agree-
ments, and relationships involving tractors and farm equipment; to
provide a policy statement; to provide definitions; to provide for
applicability; to provide that certain conduct is unlawful; to prohibit
certain conduct and transactions; to provide for parts and inventory;
to provide for warranty obligations and reimbursements; to provide
for the applicability of the article to certain agreements and trans-
actions; to provide for the termination of certain agreements and
transactions; to provide for remedies; to provide that certain agree-
ments and transactions are void and unenforceable; to provide for the
repurchase of certain inventory; to provide for certain liability; to
provide for which agreements and transactions are covered by the
article; 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:
1754
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Chapter 8 of Title 13 of the Official Code of Georgia
Annotated, relating to illegal and void contracts, is amended by
designating the current provisions of said chapter as Article 1 and by
adding immediately following newly designated Article 1 a new
Article 2 to read as follows:
ARTICLE 2
13-8-11. The General Assembly finds that the distribution of
tractors and farm equipment in the State of Georgia vitally affects the
general economy of the state and the public interest and public
welfare and, in the exercise of its police power, it is necessary to
regulate tractor and farm equipment manufacturers, distributors,
dealers, and their representatives doing business in Georgia in order
to prevent frauds, unfair business practices, unfair methods of com-
petition, impositions, and other abuses upon its citizens.
13-8-12. As used in this article, the term:
(1) Distributor or wholesaler means any person, com-
pany, or corporation who sells or distributes new tractors and farm
equipment to tractor or farm equipment dealers and who main-
tains distributor representatives within the state.
(2) Distributor branch means a branch office maintained
by a distributor or wholesaler which sells or distributes new
tractors and farm equipment to tractor or farm equipment deal-
ers.
(3) Distributor representative means a representative
employed by a distributor branch, distributor, or wholesaler.
(4) Factory branch means a branch office maintained by a
manufacturer which manufactures and assembles tractors and
farm equipment for sale to distributors or tractor or farm equip-
ment dealers or which is maintained for directing and supervising
the representatives of the manufacturer.
(5) Factory representative means a representative
employed by a manufacturer or employed by a factory branch for
the purpose of making or promoting the sale of tractors and farm
equipment or for supervising, servicing, instructing, or contracting
with tractor or farm equipment dealers or prospective dealers.
GEORGIA LAWS 1982 SESSION
1755
(6) Franchise means an oral or written agreement for a
definite or indefinite period of time in which a manufacturer,
distributor, or wholesaler grants to a tractor or farm equipment
dealer permission to use a trade name, service mark, or related
characteristic, and in which there is a community of interest in the
marketing of tractors and farm equipment or services related
thereto at wholesale, retail, whether by leasing, sale, or otherwise.
(7) Franchisee means a tractor and farm equipment dealer
to whom a franchise is offered or granted.
(8) Franchisor means a manufacturer, distributor, or
wholesaler who grants a franchise to a tractor and farm equipment
dealer.
(9) Fraud means, in addition to its normal legal con-
notation, the following: a misrepresentation in any manner,
whether intentionally false or arising from gross negligence, of a
material fact; a promise or representation not made honestly and
in good faith; or an intentional failure to disclose a material fact.
(10) Manufacturer means any person engaged in the busi-
ness of manufacturing or assembling new and unused tractors and
farm equipment.
(11) New tractor and farm equipment means a tractor or
unit of farm equipment which has not been previously sold to and
put into regular use or service by any person except a distributor
or wholesaler or tractor and farm equipment dealer for resale.
(12) Person means a natural person, corporation, partner-
ship, trust, or other business entity; and, in case of a business
entity, it shall include any other entity in which it has a majority
interest or effectively controls as well as the individual officers,
directors, and other persons in active control of the activities of
each such entity.
(13) Sale means the issuance, transfer, agreement for trans-
fer, exchange, pledge, hypothecation, mortgage in any form,
whether by transfer in trust or otherwise, of any tractor or unit of
farm equipment or interest therein or of any franchise related
thereto; any option, subscription or other contract, or solicitation,
looking to a sale, or offer or attempt to sell in any form, whether in
oral or written form.
1756
GENERAL ACTS AND RESOLUTIONS, VOL. I
(14) Tractors or farm equipment means those tractors and
other farm implements primarily designed for use in agriculture.
(15) Tractor or farm equipment dealer means any person
who sells, solicits, or advertises the sale of new and used tractors
and farm equipment to the consuming public. It shall not include
(A) receivers, trustees, administrators, executors, guardians, or
other persons appointed by or acting under judgment, decree, or
order of any court; (B) public officers while performing their
duties as such officers; (C) persons making casual sales of their
own tractor or item of farm equipment not subject to sales tax
under the laws of the State of Georgia; (D) persons engaged in the
auction sale of tractors and farm equipment; or (E) dealers in used
tractors and farm equipment.
13-8-13. Any person who engages directly or indirectly in pur-
poseful contacts within this state in connection with the offering or
advertising for sale of new tractors and farm machinery and parts
shall be subject to the provisions of this article and shall be subject to
the jurisdiction of the courts of this state upon service of process in
accordance with the provisions of the laws of the State of Georgia.
13-8-14. Unfair methods of competition and unfair or deceptive
acts or practices as defined in Code Section 13-8-15 are declared to be
unlawful.
13-8-15. (a) It shall be deemed a violation of Code Section 13-8-14
for any manufacturer, factory branch, factory representative, distrib-
utor, or wholesaler, distributor branch, distributor representative, or
tractor and farm equipment dealer to engage in any action which is
arbitrary, in bad faith, or unconscionable and which causes damage in
terms of law or equity to any of the parties or to the public.
(b) It shall be deemed a violation of Code Section 13-8-14 for a
manufacturer, a distributor, a wholesaler, a distributor branch or
division, a factory branch or division, or a wholesale branch or
division, or officer, agent, or other representative thereof, to coerce, or
attempt to coerce, any tractor and farm equipment dealer:
(1) To order or accept delivery of any tractor or unit of farm
equipment, parts or accessories therefor, or any other commodity
or commodities which such tractor and farm equipment dealer has
not voluntarily ordered; or
GEORGIA LAWS 1982 SESSION
1757
(2) To order or accept delivery of any tractor or farm
equipment with special features, accessories, or equipment not
included in the base list price of such tractor or farm equipment as
publicly advertised by the manufacturer thereof.
(c) It shall be deemed a violation of Code Section 13-8-14 for a
manufacturer, a distributor, a wholesaler, a distributor branch or
division, a factory branch or division, or a wholesale branch or
division, or officer, agent, or other representatives thereof:
(1) To refuse to deliver in reasonable quantities and within
a reasonable time after receipt of dealers order to any tractor and
farm equipment dealer having a franchise or contractual agree-
ment for the retail sale of new tractors and farm equipment sold or
distributed by such manufacturer, distributor branch or division,
factory branch or division, or wholesale branch or division any
tractor or item of farm equipment covered by such franchise or
contract specifically advertised or represented by such manufac-
turer, distributor, wholesaler, distributor or division, factory
branch or division, or wholesale branch or division to be available
for immediate delivery; provided, however, the failure to deliver
any such tractor or unit of farm equipment shall not be considered
a violation of this article if such failure is due to prudent and
reasonable restriction on extension of credit by the franchisor to
the dealer, an act of God, work stoppage or delay due to a strike or
labor difficulty, a bona fide shortage of materials, freight embargo,
or other cause over which the manufacturer, distributor, or whole-
saler, or any agent thereof, shall have no control;
(2) To coerce, or attempt to coerce, any tractor and farm
equipment dealer to enter into any agreement, whether written or
oral, supplementary to an existing franchise with such manufac-
turer, distributor, wholesaler, distributor branch or division, fac-
tory branch or division, or wholesale branch or division, or officer,
agent, or other representative thereof; or to do any other act
prejudicial to such dealer by threatening to cancel any franchise or
any contractual agreement existing between such manufacturer,
distributor, wholesaler, distributor branch or division, factory
branch or division, or wholesale branch or division, and such
dealer; provided, however, that notice in good faith to any tractor
and farm equipment dealer of such dealers violation of any terms
or provisions of such franchise or contractual agreement shall not
constitute a violation of this article if such notice is in writing
1758
GENERAL ACTS AND RESOLUTIONS, VOL. I
mailed by registered or certified mail to such dealer at his current
business address;
(3) (A) To terminate or cancel the franchise or selling
agreement of any such dealer without due cause, as defined in
subparagraph (B). The nonrenewal of a franchise or selling
agreement, without due cause, shall constitute an unfair
termination or cancellation, regardless of the specified time
period of such franchise or selling agreement. Except where
the grounds for such termination or cancellation fall within
part 13-8-15(c)(3)(B)(iii), such manufacturer, distributor,
wholesaler, distributor branch or division, factory branch or
division, or wholesale branch or division, or officer, agent, or
other representatives thereof, shall notify a tractor and farm
equipment dealer in writing of the termination or cancella-
tion of the franchise or selling agreement of such dealer at
least 60 days before the effective date thereof, stating the
specific grounds for such termination or cancellation; and in
no event shall the contractual term of any such franchise or
selling agreement expire, without the written consent of the
tractor and farm equipment dealer involved, prior to the
expiration of at least 60 days following such written notice.
During the 60 day period, either party may, in appropriate
circumstances, petition a court to modify such 60 day stay or
to extend it pending a final determination of such proceed-
ings on the merits. The court shall have authority to grant
preliminary and final injunctive relief;
(B) As used in this subparagraph, tests for determining
what constitutes due cause for a manufacturer or distributor
to terminate, cancel, or refuse to renew a franchise agreement
shall include whether the dealer:
(i) Has transferred an ownership interest in the
dealership without the manufacturers or distributors
consent;
(ii) Has made a material misrepresentation in
applying for or acting under the franchise agreement;
(iii) Has filed a voluntary petition in bankruptcy or
has had an involuntary petition in bankruptcy filed
against the dealer which has not been discharged within
GEORGIA LAWS 1982 SESSION
1759
30 days after the filing, is in default under the provisions
of a security agreement in effect with the manufacturer
or distributor, or is in receivership;
(iv) Has engaged in an unfair business practice;
(v) Has inadequately represented the manufac-
turers or distributors products with respect to sales,
service, or warranty work;
(vi) Has engaged in conduct which is injurious or
detrimental to the public welfare;
(vii) Has inadequate sales and service facilities and
personnel;
(viii) Has failed to comply with an applicable
licensing law;
(ix) Has been convicted of a crime, the effect of
which would be detrimental to the manufacturer, distrib-
utor, or dealership;
(x) Has failed to operate in the normal course of
business for seven consecutive business days;
(xi) Has relocated the dealers place of business
without the manufacturers or distributors consent; or
(xii) Has failed to comply with the terms of the
dealership or franchise agreement;
(4) To resort to or use any false or misleading advertisement
in connection with his business as such manufacturer, distributor,
wholesaler, distributor branch or division, factory branch or divi-
sion, or wholesale branch or division, or officer, agent, or other
representative thereof;
(5) To offer to sell or to sell any new tractor or unit of farm
equipment, or parts or accessories therefor to any other tractor or
farm equipment dealer at a lower actual price therefor than the
actual price offered to any other tractor or farm equipment dealer
for the same model tractor or farm equipment identically equip-
1760
GENERAL ACTS AND RESOLUTIONS, VOL. I
ped; or to utilize any device including, but not limited to, sales
promotion plans or programs which result in such lesser actual
price; provided, however, the provisions of this paragraph shall
not apply to sales to a tractor or farm equipment dealer for resale
to any unit of the United States government, the state, or any of
its political subdivisions; and provided, further, that the provi-
sions of this paragraph shall not apply so long as a manufacturer,
distributor, or wholesaler, or any agent thereof, sells or offers to
sell such new tractor or farm equipment, parts, or accessories to all
their franchised tractor or farm equipment dealers at an equal
price;
(6) To discriminate willfully, either directly or indirectly, in
price, programs, or terms of sale offered to franchisees, where the
effect of such discrimination may be to lessen competition sub-
stantially or to give to one holder of a franchise any business or
competitive advantage not offered to all holders of the same or
similar franchise;
(7) To prevent or attempt to prevent, by contract or other-
wise, any tractor or farm equipment dealer from changing the
capital structure of his dealership or the means by or through
which he finances the operation of his dealership, provided the
dealer at all times meets any reasonable capital standards agreed
to between the dealership and the manufacturer, distributor, or
wholesaler and provided such change by the dealer does not result
in a change in the executive management of the dealership;
(8) To prevent or attempt to prevent, by contract or other-
wise, any tractor and farm equipment dealer or any officer,
partner, or stockholder of any tractor and farm equipment dealer
from selling or transferring any part of the interest of any of them
to any other person or persons or party or parties; provided,
however, that no dealer, officer, partner, or stockholder shall have
the right to sell, transfer, or assign the franchise or power of
management or control thereunder without the consent of the
manufacturer, distributor, or wholesaler, except that such consent
shall not be unreasonably withheld;
(9) To obtain money, goods, services, anything of value, or
any other benefit from any other person with whom the tractor
and farm equipment dealer does business or employs on account
of or in relation to the transactions between the dealer, the
franchisor, and such other person; or
GEORGIA LAWS 1982 SESSION
1761
(10) To require a tractor and farm equipment dealer to
assent to a release, assignment, notation, waiver, or estoppel which
would relieve any person from liability imposed by this article.
(d) It shall be deemed a violation of Code Section 13-8-14 for a
tractor and farm equipment dealer:
(1) To require a retail purchaser of a new tractor or unit of
farm equipment, as a condition of sale and delivery thereof, also to
purchase special features, appliances, equipment, parts, or acces-
sories not desired or requested by the purchaser; provided, how-
ever, that this prohibition shall not apply to special features,
appliances, equipment, parts, or accessories which are already
installed when the tractor or unit of farm equipment is received by
the dealer from the manufacturer, distributor, or wholesaler
thereof;
(2) To represent and sell as new and unused any tractor or
unit of farm equipment which has been used and operated for
demonstration or other purposes without stating to the purchaser
the approximate amount of use the tractor or unit of farm machin-
ery has experienced; or
(3) To resort to or use any false or misleading advertisement
in connection with his business as such tractor and farm equip-
ment dealer.
13-8-16. (a) Every manufacturer shall specify and every dealer
shall provide and fulfill reasonable predelivery and preparation obli-
gations for its tractors and farm equipment prior to delivery of same
to retail purchasers.
(b) Every manufacturer shall provide for repair parts availabil-
ity throughout the reasonable useful life of any tractor or farm
equipment sold.
(c) Every manufacturer or distributor shall provide to his deal-
ers, on an annual basis, an opportunity to return a portion of his
surplus parts inventory for credit. The surplus parts return proce-
dure shall be administered as follows:
(1) The manufacturer or distributor may specify and there-
upon notify his dealers of a time period of at least 60 days
1762 GENERAL ACTS AND RESOLUTIONS, VOL. I
duration, during which time dealers may submit their surplus
parts list and return their surplus parts to the manufacturer or
distributor;
(2) If a manufacturer or distributor has not notified a dealer
of a specific time period for returning surplus parts within the
preceding 12 months, then he shall authorize and allow the
dealers surplus parts return request within 30 days after receipt
of such request from the dealer;
(3) Pursuant to the provisions of this subsection, a manu-
facturer or distributor must allow surplus parts return authority
on a dollar value of parts equal to 8 percent of the total dollar
value of parts purchased by the dealer from the manufacturer or
distributor during the 12 month period immediately preceding the
notification to the dealer by the manufacturer or distributor of the
surplus parts return program, or the month the dealers return
request is made, whichever is applicable; provided, however, that
the dealer may, at his option, elect to return a dollar value of his
surplus parts less than 8 percent of the total dollar value of parts
purchased by the dealer from the manufacturer or distributor
during the preceding 12 month period as provided herein;
(4) No obsolete or superseded part may be returned, but
any part listed in the manufacturers, wholesalers, or distributors
current parts price list at the date of notification to the dealer by
the manufacturer or distributor of the surplus parts return pro-
gram, or the date of a dealers parts return request, whichever is
applicable, shall be eligible for return and credit hereinabove
specified; provided, however, that returned parts must be in new
and unused condition and must have been purchased from the
manufacturer, wholesaler, or distributor to whom they are
returned;
(5) The minimum lawful credit to be allowed for returned
parts shall be 85 percent of the wholesale cost thereof as listed in
the manufacturers, wholesalers, or distributors current parts
price list at the date of the notification to the dealer by the
manufacturer, wholesaler, or distributor of the surplus parts
return program, or the date of a dealers parts return request,
whichever is applicable;
GEORGIA LAWS 1982 SESSION
1763
(6) Applicable credit hereunder must be issued to the dealer
within 30 days after receipt of his returned parts by the manufac-
turer or distributor; or
(7) Packing and return freight expense incurred in any
return of surplus parts pursuant to the terms of this Code section
shall be borne by the dealer.
13-8-17. (a) Every manufacturer, distributor, wholesaler, distrib-
utor branch or division, factory branch or division, or wholesale
branch or division shall provide a fair and reasonable warranty
agreement on any new tractor or unit of farm equipment which it sells
and shall fairly compensate each of its tractor or farm equipment
dealers for labor and parts used in fulfilling such warranty agreement.
All claims for payment under such warranty agreements made by
tractor and farm equipment dealers hereunder for such labor and
parts shall be paid within 30 days following their approval. All such
claims shall be either approved or disapproved within 30 days after
their receipt; and, when any such claim is disapproved, the tractor or
farm equipment dealer who submits it shall be notified in writing of
its disapproval within such period; and each such notice shall state
the specific grounds upon which the disapproval is based. Any special
handling of claims required of the dealer by the manufacturer,
distributor, wholesaler, distributor branch or division, factory branch
or division, or wholesale branch or division, and not uniformly
required of all dealers of that make, may be enforced only after 30
days notice in writing to the dealer and upon good and sufficient
reason.
(b) The minimum lawful basis for compensating said dealer for
warranty work as provided for herein shall be calculated for labor in
accordance with the reasonable and customary amount of time
required to complete such work, expressed in hours and fractions of
hours multiplied by the dealers established hourly retail labor rate.
Prior to filing a claim for reimbursement for warranty work, the
dealer must notify the applicable manufacturer, wholesaler, or dis-
tributor of his hourly retail labor rate. The minimum lawful basis for
compensation to the dealer for parts used in fulfilling said warranty
work shall be at the dealers costs thereof, including all freight and
handling charges applicable thereto, plus 15 percent of said sum to
reimburse the dealers reasonable costs of doing business and provid-
ing such warranty service on the manufacturers behalf.
1764
GENERAL ACTS AND RESOLUTIONS, VOL. I
13-8-18. The provisions of this article shall apply to all written or
oral agreements between a manufacturer, wholesaler, or distributor
with a tractor or farm equipment dealer including, but not limited to,
the franchise offering, the franchise agreement, sales of goods, ser-
vices and advertising, leases or mortgages of real or personal property,
promises to pay, security interests, pledges, insurance contracts,
advertising contracts, construction or installation contracts, servicing
contracts, and all other such agreements in which the manufacturer,
wholesaler, or distributor has any direct or indirect interest.
13-8-19. It shall be unlawful for the manufacturer, wholesaler,
distributor, or franchisor, without due cause, to fail to renew on terms
then equally available to all its tractor and farm equipment dealers, to
terminate a franchise, or to restrict the transfer of a franchise unless
the franchisee shall receive fair and reasonable compensation for the
inventory of the business. As used herein, due cause shall be
construed in accordance with the definition of same as contained in
subparagraph (B) of paragraph (3) of subsection (c) of Code Section
13-8-15.
13-8-20. (a) In addition to temporary or permanent injunctive
relief as provided in subparagraph (A) of paragraph (3) of subsection
(c) of Code Section 13-8-15, any person who shall be injured in his
business or property by reason of anything forbidden in this article
may bring an action therefor in the appropriate superior court of this
state and shall recover the actual damages sustained and the costs of
such action, including a reasonable attorneys fee.
(b) When such action is one of common or general interest to
many persons or when the parties are numerous and it is impracti-
cable to bring them all before the court, one or more may bring a class
action for the benefit of the whole, including actions for injunctive
relief.
(c) In an action for money damages, if the jury finds that the
defendant acted maliciously, the jury may award punitive damages as
permitted by Georgia law.
13-8-21. Any contract or franchise agreement or part thereof or
practice thereunder in violation of any provision of this article shall
be deemed against public policy and shall be void and unenforceable.
GEORGIA LAWS 1982 SESSION
1765
13-8-22. (a) Whenever any tractor or farm equipment dealer
enters into a franchise agreement with a manufacturer, distributor, or
wholesaler wherein the dealer agrees to maintain an inventory of
tractors, farm equipment, or repair parts and the franchise is subse-
quently terminated, the manufacturer, distributor, or wholesaler
shall repurchase the inventory as provided in this article. The dealer
may keep the inventory if he desires. If the dealer has any outstand-
ing debts to the manufacturer, distributor, or wholesaler, then the
repurchase amount may be credited to the dealers account.
(b) The manufacturer, distributor, or wholesaler shall repur-
chase that inventory previously purchased from him and held by the
dealer on the date of termination of the contract. The manufacturer,
distributor, or wholesaler shall pay 100 percent of the actual dealer
cost, including freight, of all new, unsold, undamaged, and complete
tractors, or other units of farm equipment which are resalable and 100
percent of the current wholesale price of all new, unused, undamaged
repair parts and accessories which are listed in the manufacturers
current parts price list. The manufacturer, distributor, or wholesaler
shall pay the dealer 5 percent of the current wholesale price on all
new, unused, and undamaged repair parts returned to cover the cost
of handling, packing, and loading. The manufacturer, distributor, or
wholesaler shall have the option of performing the handling, packing,
and loading in lieu of paying the 5 percent sum imposed herein for
these services.
(c) Upon payment within a reasonable time of the repurchase
amount to the dealer, the title and right of possession to the repur-
chased inventory shall transfer to the manufacturer, distributor, or
wholesaler, as the case may be.
(d) The provisions of this article shall not require the repurchase
from a dealer of:
(1) Any repair part which has a limited storage life or is
otherwise subject to deterioration;
(2) Any single repair part which is priced as a set of two or
more items;
(3) Any repair part which, because of its condition, is not
resalable as a new part without repackaging or reconditioning;
1766
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Any inventory for which the dealer is unable to furnish
evidence, reasonably satisfactory to the manufacturer, distribu-
tor, or wholesaler, of good title, free and clear of all claims, liens,
and encumbrances;
(5) Any inventory which the dealer desires to keep, pro-
vided the dealer has a contractual right to do so;
(6) Any tractor or unit of farm equipment which is not in
new, unused, undamaged, complete condition;
(7) Any repair parts which are not in new, unused, undam-
aged condition;
(8) Any inventory which was ordered by the dealer on or
after the date of receipt of the notification of termination of the
franchise; or
(9) Any inventory which was acquired by the dealer from
any source other than the manufacturer, distributor, or whole-
saler.
(e) If any manufacturer, distributor, or wholesaler shall fail or
refuse to repurchase any inventory covered under the provisions of
this article within 60 days after termination of a dealers contract, he
shall be civilly liable for 100 percent of the current wholesale price of
the inventory plus any freight charges paid by the dealer, the dealers
reasonable attorneys fees, court costs, and interest on the current
wholesale price computed at the legal interest rate from the sixty-first
day after termination.
13-8-23. In the event of the death or incapacity of the dealer or the
majority stockholder of a corporation operating as a dealer, the
manufacturer, distributor, or wholesaler shall, at the option of the
heirs at law, if the dealer died intestate, or the devisees or transferees
under the terms of the deceased dealers last will and testament, if
said dealer died testate, repurchase the inventory from said heirs or
devisees as aforesaid as if the manufacturer, distributor, or wholesaler
had terminated the contract and the inventory repurchase provisions
of Code Section 13-8-22 are made expressly applicable hereto. The
heirs or devisees as aforesaid shall have one year from the date of the
death of the retailer or majority stockholder to exercise their option
under this article; provided, however, that nothing in this article shall
GEORGIA LAWS 1982 SESSION
1767
require the repurchase of inventory if the heirs or devisees as afore-
said and the manufacturer, distributor, or wholesaler enter into a new
franchise agreement to operate the retail dealership.
13-8-24. A manufacturer, distributor, or wholesaler, as the case
may be, will fully indemnify and hold harmless its dealer against any
losses including, but not limited to: court costs and reasonable
attorneys fees or damages arising out of complaints, claims, or
lawsuits including, but not limited to, strict liability, negligence,
misrepresentation, express or implied warranty, or rescission of the
sale where the complaint, claim, or lawsuit relates to the manufacture,
assembly, or design of new items covered by this article, parts or
accessories, or other functions by the manufacturer, distributor, or
wholesaler which are beyond the control of the dealer.
13-8-25. The provisions of this article shall apply to all contracts
now in effect which have no expiration date and are a continuing
contract and all other contracts entered into or renewed after Novem-
ber 1, 1982. Any contract in force and effect on November 1, 1982,
which by its own terms will terminate on a date subsequent thereto
shall be governed by the law as it existed prior to this article.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 19,1982.
1768
GENERAL ACTS AND RESOLUTIONS, VOL. I
SALE OF ALCOHOLIC BEVERAGES IN CERTAIN
COUNTIES (200,000 - 550,000)
(295,000 - 300,000) (350,000 - 500,000).
Code Sections 5A-507, 3-3-7 Amended.
No. 1492 (Senate Bill No. 471).
AN ACT
To amend Code Section 5A-507, prohibiting the sale of alcoholic
beverages on Sundays and election days, as amended, so as to change
certain population brackets; to amend Code Section 3-3-7 of the
Official Code of Georgia Annotated, prohibiting the sale of alcoholic
beverages on Sundays and election days, so as to change certain
population brackets and a census reference; to provide that the
governing authority of certain counties may authorize the sale of
alcoholic beverages during certain hours on Sundays; to provide that
in certain counties alcoholic beverages may be sold during certain
hours on Sundays in certain establishments; to provide for a referen-
dum; to provide effective dates; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Section 5A-507, prohibiting sales of alcoholic
beverages on Sundays and election days, as amended, is amended by
striking in its entirety the first clause of subsection (e), which reads as
follows:
(e) In all counties having a population of not less than 200,000
or more than 550,000, according to the census, in which the sale of
alcoholic beverages is lawful:,
and inserting in its place the following:
(e) In all counties having a population of not less than 350,000
or more than 550,000, according to the census, in which the sale of
alcoholic beverages is lawful:.
GEORGIA LAWS 1982 SESSION
1769
Part 2
Section 2. Code Section 3-3-7 of the Official Code of Georgia
Annotated, prohibiting sales of alcoholic beverages on Sundays and
election days, is amended by striking in its entirety the first clause of
subsection (d), which reads as follows:
(d) In all counties having a population of not less than 200,000
nor more than 550,000, according to the United States decennial
census, of 1970 or any future such census in which the sale of alcoholic
beverages is lawful:,
and inserting in its place the following:
(d) In all counties having a population of not less than 350,000
nor more than 550,000 according to the United States decennial
census of 1980 or any future such census, in which the sale of alcoholic
beverages is lawful:.
Section 3. Said Code section is further amended by adding at the
end of Code Section 3-3-7 a new subsection (i) to read as follows:
(i) In all counties having a population of not less than 295,000
nor more than 300,000 according to the United States decennial
census of 1980 or any future such census in which the sale of alcoholic
beverages is lawful:
(1) The governing authority of the county may authorize
the sale of alcoholic beverages for consumption on the premises at
any time from 11:55 P.M. on Saturdays and the three hours
immediately following such time; and
(2) Alcoholic beverages may be sold and served for con-
sumption on the premises on Sundays from 12:30 P.M. until 12:00
Midnight in any licensed establishment which derives at least 50
percent of its total annual gross food and beverage sales from the
sale of prepared meals or food in all of the combined retail outlets
of the individual establishment where food is served and in any
licensed establishment which derives at least 50 percent of its total
annual gross income from the rental of rooms for overnight
lodging.
1770
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 4. Prior to November 1, 1983, the election superinten-
dent in all counties having a population of not less than 295,000 nor
more than 300,000 according to the United States decennial census of
1980 or any future such census shall issue the call for an election for
the purpose of submitting Section 3 of this Act to the electors of such
counties for approval or rejection. The superintendent shall set the
date of such election for a day not less than 30 days after the date of
the issuance of the call. The superintendent shall cause the date and
purpose of the election to be published once a week for two weeks
immediately preceding the date thereof in the official organ of such
counties. The ballot shall have written or printed thereon the words:
( ) YES Shall Section 3 of the Act amending
( ) NO the laws relating to alcoholic bever-
ages and providing that in counties
having a population of not less than
295,000 nor more than 300,000 ac-
cording to the United States decen-
nial census of 1980 or any future such
census the governing authority may
authorize the sale of alcoholic bever-
ages during certain hours on Sundays
and providing that in certain counties
alcoholic beverages may be sold dur-
ing certain hours on Sundays in cer-
tain establishments be approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of Section 3 of the Act, it shall become of full force
and effect; otherwise Section 3 of the Act shall be null and void and of
no force and effect.
The expense of such election shall be borne by such counties. It
shall be the duty of the superintendent to hold and conduct such
election. It shall be his further duty to certify the result thereof to the
Secretary of State.
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
GEORGIA LAWS 1982 SESSION
1771
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Except as provided in Section 4, part 2 of this Act shall
become effective on November 1,1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 19,1982.
GAME AND FISH CODE AMENDED.
Code Title 27, Chapter 4 Amended.
No. 1493 (Senate Bill No. 626).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated, so as
to revise the list of waters classified as trout waters, to specify seasons
therefor, and to correct certain typographical errors in the list; 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:
Section 1. Chapter 4 of Title 27, relating to fish, is amended by
striking in its entirety the title and introductory paragraph of Section
27-4-52 and substituting in lieu thereof a new paragraph to read as
follows:
27-4-52. Trout Waters Without Seasons
The following waters and all streams within the following water-
sheds, excluding any impoundments thereon unless specifically
included, are designated, in the counties listed, trout waters and shall
be open for trout fishing throughout the year:,
1772
GENERAL ACTS AND RESOLUTIONS, VOL. I
and by striking in its entirety paragraph (1) of Section 27-4-52, and
substituting in lieu thereof a new paragraph (1) to read as follows:
(1) Bartow County:
(A) Dykes Creek watershed;
(B) Pine Log Creek watershed;
(C) Pyle Creek watershed;
(D) Salacoa Creek watershed;
(E) Spring Creek watershed;
(F) Two Run Creek watershed; and
(G) Ward Creek watershed;
and by striking in its entirety paragraph (6) of Section 27-4-52 and
substituting in lieu thereof a new paragraph (6) to read as follows:
(6) Dade County:
(A) Allison Creek watershed; and
(B) Lookout Creek watershed, upstream from Dade County
Road S1026;,
and by striking in its entirety paragraph (13) of Section 27-4-52 and
substituting in lieu thereof a new paragraph (13) to read as follows:
(13) Gordon County:
(A) Long Branch watershed;
(B) Pine Log Creek watershed upstream from Georgia
Highway 53; and
(C) Salacoa Creek watershed upstream from U. S. Highway
411;,
GEORGIA LAWS 1982 SESSION
1773
and by adding a new paragraph (17.1) to read as follows:
(17.1) Murray County:
(A) Lake Conasauga;,
and by striking in its entirety paragraph (18) of Section 27-4-52 and
substituting in lieu thereof a new paragraph (18) to read as follows:
(18) Paulding County:
(A) Pyle Creek watershed;
(B) Tallapoosa River watershed; and
(C) Ward Creek watershed;,
and by striking in its entirety paragraph (19) of Section 27-4-52 and
substituting in lieu thereof a new paragraph (19) to read as follows:
(19) Pickens County:
(A) East Branch watershed (including Darnell Creek water-
shed);
(B) Fourmile Creek watershed;
(C) Hobson Creek watershed;
(D) Little Scarecorn Creek watershed;
(E) Long Branch watershed;
(F) Mud Creek watershed;
(G) Polecat Creek watershed;
(H) Rock Creek watershed;
(I) Salacoa Creek watershed; and
(J) Scarecorn Creek watershed upstream from Georgia
Highway 53;,
1774
GENERAL ACTS AND RESOLUTIONS, VOL. I
and by striking in its entirety paragraph (25) of Section 27-4-52 and
substituting in lieu thereof a new paragraph (25) to read as follows:
(25) W alker County:
(A) Concord Creek watershed;
(B) Duck Creek watershed;
(C) Gulf Creek watershed; and
(D) West Armuchee Creek watershed;,
and by striking in its entirety paragraph (27) of Section 27-4-52 and
substituting in lieu thereof a new paragraph (27) to read as follows:
(27) Whitfield County:
(A) Coahulla Creek watershed upstream from Whitfield
County Road 183; and
(B) Spring Creek watershed;
Section 2. Said Chapter 4 is further amended by striking in its
entirety paragraph (2) of Section 27-4-53 and substituting in lieu
thereof a new paragraph (2) to read as follows:
(2) Catoosa County:
(A) Hurricane Creek watershed upstream from Peters
Branch;
(B) Little Chickamauga Creek watershed upstream from
Catoosa County Road 387; and
(C) Tiger Creek watershed upstream from Georgia Highway
2-
y
and by striking in its entirety paragraph (3) of Section 27-4-53 and
substituting in lieu thereof a new paragraph (3) to read as follows:
(3) Chattooga County:
GEORGIA LAWS 1982 SESSION
1775
(A) Allgood Branch watershed upstream from Tennessee,
Alabama, and Georgia railroad;
(B) Chappel Creek watershed;
(C) Chelsea Creek watershed;
(D) East Fork Little River watershed;
(E) Hinton Creek watershed;
(F) Kings Creek watershed;
(G) Middle Fork Little River watershed;
(H) Mt. Hope Creek watershed;
(I) Perennial Spring watershed;
(J) Raccoon Creek watershed upstream from Georgia High-
way 48;
(K) Ruff Creek watershed;
(L) Storey Mill Creek watershed; and
(M) Taliaferro Creek watershed;,
and by striking in its entirety paragraph (5) of Section 27-4-53 and
substituting in lieu thereof a new paragraph (5) to read as follows:
(5) Dade County:
(A) East Fork Little River watershed;
(B) Rock Creek watershed; and
(C) West Fork Little River watershed;,
and by striking in its entirety paragraph (7) of Section 27-4-53 and
substituting in lieu thereof a new paragraph (7) to read as follows:
1776
GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) Fannin County:
(A) All streams or parts of streams, except those listed in
Section 27-4-52; and
(B) Rock Creek Lake;,
and by striking in its entirety paragraph (8) of Section 27-4-53 and
substituting in lieu thereof a new paragraph (8) to read as follows:
(8) Floyd County:
(A) Johns Creek watershed upstream from Floyd County
Road 212;
(B) Kings Creek watershed;
(C) Lavender Creek watershed upstream from Floyd
County Road 234;
(D) Little Cedar Creek watershed;
(E) Mt. Hope Creek watershed; and
(F) Toms Creek watershed;,
and by striking in its entirety paragraph (15) of Section 27-4-53 and
substituting in lieu thereof a new paragraph (15) to read as follows:
(15) Haralson County:
(A) Beach Creek watershed upstream from Haralson
County Road 34;
(B) Flatwood Creek watershed;
(C) Lassetter Creek watershed; and
(D) Mann Creek watershed upstream from Haralson
County Road 162;,
and by striking in its entirety paragraph (17) of Section 27-4-53 and
substituting in lieu thereof a new paragraph (17) to read as follows:
GEORGIA LAWS 1982 SESSION
1777
(17) Murray County:
(A) All tributaries to Carters Reservoir;
(B) Conasauga-Jacks River watershed upstream from
Georgia-Tennessee state line;
(C) Holly Creek watershed (including Emory Creek water-
shed) upstream from Emory Creek;
(D) Mill Creek watershed upstream from Murray County
Road 27;
(E) North Prong Sumac Creek watershed;
(F) Rock Creek watershed upstream from Murray County
Road 4;
(G) Sugar Creek watershed upstream from Murray County
Road 4; and
(H) Sumac Creek watershed upstream from Coffey Lake;,
and by striking in its entirety paragraph (25) of Section 27-4-53 and
substituting in lieu thereof a new paragraph (25) to read as follows:
(25) Walker County:
(A) Allen Creek watershed;
(B) Chappel Creek watershed;
(C) Dry Creek watershed (tributary to East Armuchee
Creek);
(D) East Armuchee Creek watershed upstream from
Georgia Highway 136;
(E) East Fork Little River watershed (flows into Dade
County);
(F) East Fork Little River watershed (flows into Chattooga
County, includes Gilreath Creek);
1778
GENERAL ACTS AND RESOLUTIONS, VOL. I
(G) Furnace Creek watershed;
(H) Harrisburg Creek watershed (including Dougherty
Creek watershed) upstream from Dougherty Creek;
(I) Johns Creek watershed;
(J) Left Fork Coulter Branch watershed;
(K) Little Chickamauga Creek watershed;
(L) Middle Fork Little River watershed (includes Cannon
Branch and Hale Branch);
(M) Rock Creek watershed (including Sawmill Branch)
upstream from Sawmill Branch;
(N) Ruff Creek watershed;
(O) Snake Creek watershed;
(P) West Chickamauga Creek watershed upstream from
Walker County Road 107; and
(Q) West Fork Little River watershed;,
and by striking in its entirety paragraph (27) of Section 27-4-53 and
substituting in lieu thereof a new paragraph (27) to read as follows:
(27) Whitfield County:
(A) East Armuchee Creek watershed;
(B) Snake Creek watershed;
(C) Swamp Creek watershed upstream from Whitfield
County Road 9; and
(D) Tiger Creek watershed;
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
GEORGIA LAWS 1982 SESSION
1779
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
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 be effective on November 1,1982.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 19,1982.
BONDS OF DEPUTY SHERIFFS.
Code Sections 24-2811, 89-426,
15-16-23, 45-4-2 Amended.
No. 1494 (Senate Bill No. 632).
AN ACT
To amend Code Chapter 24-28, relating to sheriffs, as amended, so
as to provide for bonds of deputies; to amend Code Chapter 89-4,
relating to official bonds, as amended, so as to change the provisions
relating to bonds of deputies of public officials; to amend the Official
Code of Georgia Annotated accordingly; to provide effective dates; to
provide for automatic repeal of certain provisions of this Act; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
1780
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 1
Section 1. Code Chapter 24-28, relating to sheriffs, as amended,
is amended by striking Code Section 24-2811 in its entirety and
inserting in lieu thereof a new Code Section 24-2811 to read as follows:
24-2811. Sheriffs are authorized in their discretion to appoint
one or more deputies. Each deputy shall be required to execute a
bond with a surety in the amount of $5,000.00 payable to the sheriff
and conditioned upon the faithful performance of bis duties.
Section 2. Code Chapter 89-4, relating to official bonds, as
amended, is amended by striking Code Section 89-426 in its entirety
and inserting in lieu thereof a new Code Section 89-426 to read as
follows:
89-426. Deputies bonds; to whom payable; sureties; conditions;
recording. Deputies shall give bonds, with surety, payable to their
principals, for their conduct as deputies, conditioned as, and for the
same amounts unless otherwise provided by law, as their principals
bonds, which bonds shall be recorded in the same office and in the
same manner as the bonds of the principals.
Part 2
Section 3. The Official Code of Georgia Annotated is amended
by striking in its entirety Code Section 15-16-23, relating to the
appointment of deputy sheriffs, and inserting in lieu thereof a new
Code Section 15-16-23 to read as follows:
15-16-23. Sheriffs are authorized in their discretion to appoint
one or more deputies. Each deputy shall be required to execute a
bond with a surety in the amount of $5,000.00 payable to the sheriff
and conditioned upon the faithful performance of his duties.
Section 4. Said Code is further amended by striking in its
entirety Code Section 45-4-2, relating to deputies giving bonds to
principals, and inserting in lieu thereof a new Code Section 45-4-2 to
read as follows:
45-4-2. Deputies shall give bonds with surety, payable to their
principals, for their conduct as deputies, conditioned as and for the
same amounts, unless otherwise provided by law, as their principals
bonds. Such bonds shall be recorded in the same office and in the
same manner as the bonds of the principals.
GEORGIA LAWS 1982 SESSION
1781
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 19,1982.
BANKS AND BANKING SAVINGS AND
LOAN ASSOCIATIONS, ETC.
Code Section 7-1-293 Amended.
No. 1495 (Senate Bill No. 650).
AN ACT
To amend Code Section 7-1-293 of the Official Code of Georgia
Annotated, relating to savings banks and state savings and loan
associations, so as to remove the provisions subjecting state savings
and loan associations to the same laws and regulations applicable to
commercial banks regarding the establishment and operation of
branch banks, bank offices, and bank facilities; to provide that the
commissioner shall not approve an application of a financial institu-
tion requesting conversion to a commercial bank except under certain
conditions; to provide an effective date; to repeal conflicting laws; and
for other purposes.
1782
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 7-1-293 of the Official Code of Georgia
Annotated, relating to savings banks and state savings and loan
associations, is amended by striking subsection (d) of said Code
section in its entirety and inserting in lieu thereof a new subsection
(d) to read as follows:
(d) (1) Unless specifically exempt therein, all rules and regu-
lations promulgated by the department and applicable to commercial
banks shall be applicable to a savings bank. All such rules and
regulations applicable to building and loan associations shall be
applicable to a state savings and loan association.
(2) The commissioner shall not approve an application of a
financial institution requesting conversion to a commercial bank
unless such financial institution divests itself of all branches which do
not conform with the branch banking laws of this state.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 19,1982.
PUBLIC ACCOUNTANCY ACT OF 1977 AMENDED.
Code Sections 84-203, 43-3-38 Amended.
No. 1496 (Senate Bill No. 662).
AN ACT
To amend Code Chapter 84-2, known as the Public Accountancy
Act of 1977, as amended, so as to continue the board and the laws
relating thereto but to provide for the later termination of the board
GEORGIA LAWS 1982 SESSION
1783
and those laws; to amend the Official Code of Georgia Annotated
accordingly; to provide for effective dates; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 84-2, known as the Public Accoun-
tancy Act of 1977, as amended, is amended by adding at the end of
Code Section 84-203 a new subsection (f) to read as follows:
(f) Pursuant to Section 9 of The Act Providing for the Review,
Continuation, Reestablishment or Termination of Regulatory Agen-
cies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or
hereafter amended, the State Board of Accountancy and the laws
relating thereto are hereby continued until July 1,1988, 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 termina-
tion period, the powers or authority of the Board shall not be reduced
or otherwise limited. The laws relative to the Board shall be contin-
ued 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.
Part 2
Section 2. Chapter 3 of Title 43 of the Official Code of Georgia
Annotated, relating to accountants, is amended by striking Code
Section 43-3-38 in its entirety and inserting in lieu thereof a new Code
Section 43-3-38 to read as follows:
43-3-38. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the State Board of Accountancy shall
be terminated on July 1, 1988, and this chapter and any other laws
relating to such board shall be repealed in their entirety effective on
the date specified in Code Section 43-2-8.
1784
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 19,1982.
MOTOR VEHICLE CERTIFICATE OF TITLE
ACT AMENDED.
Code Section 40-3-24 Amended.
No. 1497 (Senate Bill No. 669).
AN ACT
To amend an Act known as the Motor Vehicle Certificate of Title
Act, approved March 3,1961 (Ga. L. 1961, p. 68), as amended, so as
to provide that certain motor vehicle tag registration and certificate
of title records shall be available for inspection by tax collectors, tax
receivers, or tax commissioners; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to provide
for automatic repeal of certain provisions of this Act; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
1785
Parti
Section 1. An Act known as the Motor Vehicle Certificate of
Title Act, approved March 3,1961 (Ga. L. 1961, p. 68), as amended,
is amended by striking in its entirety subsection (d) of Section 10 and
inserting in lieu thereof a new subsection (d) 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:
(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;
(5) Any licensed dealer of new or used motor vehicles;
(6) Any person for the purposes of a manufacturers recall;
and
(7) Any tax collector, tax receiver, or tax commissioner.
The Commissioner may, if necessary, promulgate reasonable rules
and regulations outlining additional circumstances under which said
records shall be open for public inspection.
Part 2
Section 2. Code Section 40-3-24 of the Official Code of Georgia
Annotated, relating to issuance of certificates of title for motor
vehicles, recording of certificates of title, and access to records, is
amended by striking subsection (d) in its entirety and inserting in lieu
thereof a new subsection (d) to read as follows:
1786
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) The motor vehicle records which the commissioner is
required to maintain under this Code section or any other provision
are exempt from the provisions of any law of this state requiring that
such records be open for public inspection; provided, however, that
the records of any particular motor vehicle may be available for
inspection by the following:
(1) Any law enforcement officer;
(2) The owner of the vehicle;
(3) Any judgment creditor of the owner of the vehicle upon
the presentation of a fi. fa.;
(4) Any individual or an authorized agent or representative
of such individual involved in a motor vehicle accident either as an
operator of a motor vehicle, a passenger in a motor vehicle, or a
pedestrian;
(5) Any licensed dealer of new or used motor vehicles;
(6) Any person for the purposes of a manufacturers recall;
and
(7) Any tax collector, tax receiver, or tax commissioner.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1787
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 19,1982.
DISPOSITION OF UNCLAIMED PROPERTY
ACT AMENDED.
Code Section 44-12-214 Amended.
No. 1498 (Senate Bill No. 680).
AN ACT
To amend an Act known as the Disposition of Unclaimed Prop-
erty Act, approved April 3,1972 (Ga. L. 1972, p. 762), as amended, so
as to provide that the state revenue commissioner shall be deemed to
have elected to receive unclaimed property in the custody of banking
and financial organizations unless the holder of the property is
notified to the contrary; to amend the Official Code of Georgia
Annotated accordingly; to provide for effective dates; to repeal con-
flicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act known as the Disposition of Unclaimed
Property Act, approved April 3, 1972 (Ga. L. 1972, p. 762), as
amended, is amended by striking Section 24 in its entirety and
inserting in lieu thereof a new Section 24 to read as follows:
Section 24. Election to Take Payment or Delivery. The State
Revenue Commissioner, after receiving reports of property deemed
abandoned pursuant to this Act, may decline to receive any property
reported which he deems to have a value less than the cost of giving
notice and holding sale, or he may, if he deems it desirable because of
1788
GENERAL ACTS AND RESOLUTIONS, VOL. I
the small sum involved, postpone taking possession until a sufficient
sum accumulates. Unless the holder of the property is notified to the
contrary within 120 days after filing the report required under
Sections 12 and 13, the State Revenue Commissioner shall be deemed
to have elected to receive the custody of the property.
Part 2
Section 2. Code Section 44-12-214 of the Official Code of
Georgia Annotated, relating to the election of the state revenue
commissioner to take payment or delivery of unclaimed property, is
amended by striking said Code section in its entirety and inserting in
lieu thereof a new Code Section 44-12-214 to read as follows:
44-12-214. After receiving reports of property deemed aban-
doned pursuant to this article, the state revenue commissioner may
decline to receive any property reported which he deems to have a
value less than the cost of giving notice and holding sale or he may, if
he deems it desirable because of the small sum involved, postpone
taking possession until a sufficient sum accumulates. Unless the
holder of the property is notified to the contrary within 120 days after
filing the report required under Code Sections 44-12-202 and 44-12-
203, the state revenue commissioner shall be deemed to have elected
to receive the custody of the property.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1789
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 19,1982.
PUBLIC RECORDS INSPECTION ACT AMENDED.
Code Title 50, Chapter 18 Amended.
No. 1499 (Senate Bill No. 693).
AN ACT
To amend Article 4 of Chapter 18 of Title 50 of the Official Code of
Georgia Annotated, relating to the inspection of public records, so as
to provide the keeper of public records a reasonable amount of time
within which to determine the appropriateness of inspection
requests; to exclude certain documents from the coverage under the
article; to provide for certain actions in the superior courts; to provide
for certain fees and costs; to provide for certain penalties; to provide
for other matters relative to the foregoing; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 4 of Chapter 18 of Title 50 of the Official Code
of Georgia Annotated, relating to the inspection of public records, is
amended by striking said Article 4 in its entirety and inserting in lieu
thereof a new Article 4 to read as follows:
ARTICLE 4
50-18-70 . (a) All state, county, and municipal records, except
those which by order of a court of this state or by law are prohibited
from being open to inspection by the general public, shall be open for
a personal inspection of any citizen of this state at a reasonable time
and place; and those in charge of such records shall not refuse this
privilege to any citizen.
1790
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The individual in control of such public record or records
shall have a reasonable amount of time to determine whether or not
the record or records requested are subject to access under this
article. In no event shall this time exceed three business days.
50-18-71. In all cases where an interested member of the public
has a right to inspect or take extracts or make copies from any public
records, instruments, or documents, any such person shall have the
right of access to the records, documents, or instruments for the
purpose of making photographs of the same while in the possession,
custody, and control of the lawful custodian thereof, or his authorized
deputy. Such work shall be done under the supervision of the lawful
custodian of the records, who shall have the right to adopt and enforce
reasonable rules governing the work. The work shall be done in the
room where the records, documents, or instruments are kept by law.
While the work is in progress, the custodian may charge the person
making the photographs of the records, documents, or instruments at
a rate of compensation to be agreed upon by the person making the
photographs and the custodian for his services or the services of a
deputy in supervising the work.
50-18-72. (a) This article shall not be applicable to records
that are specifically required by the federal government to be kept
confidential or to medical records and similar files, the disclosure of
which would be an invasion of personal privacy. All records of
hospital authorities other than the foregoing shall be subject to this
article. All state officers and employees shall have a privilege to refuse
to disclose the identity of any person who has furnished medical or
other similar information which has or will become incorporated into
any medical or public health investigation, study, or report of the
Department of Human Resources. The identity of such informant
shall not be admissible in evidence in any court of the state unless the
court finds that the identity of the informant already has been
disclosed otherwise.
(b) This article shall not be applicable to any application sub-
mitted to or any permanent records maintained by a judge of the
probate court pursuant to Code Section 16-11-129, relating to licenses
to carry pistols or revolvers, or pursuant to any other requirement for
maintaining records relative to the possession of firearms. This
subsection shall not preclude law enforcement agencies from obtain-
ing records relating to licensing and possession of firearms as pro-
vided by law.
GEORGIA LAWS 1982 SESSION
1791
50-18-73. The superior courts of this state shall have jurisdiction
to entertain actions against persons or agencies having custody of
records open to the public under this article to enforce compliance
with the provisions of this article. Such actions may be brought by
any person, firm, corporation, or other entity. The court may award
to the prevailing party reasonable attorneys fees and other litigation
expenses reasonably incurred in bringing or defending the action to
enforce compliance with this article, in addition to such other relief as
may be granted by the court.
50-18-74. Any person who willfully refuses to provide access to
public records as provided in Code Section 50-18-70 of this article or
who refuses to allow the examination and copying of records as
provided in Code Section 50-18-71 of this article shall be guilty of a
misdemeanor.
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 19,1982.
TRACTORS AND FARM EQUIPMENT.
Code Title 13, Chapter 8 Amended.
No. 1500 (Senate Bill No. 713).
AN ACT
To amend Title 13 of the Official Code of Georgia Annotated,
relating to contracts, so as to provide for certain transactions, agree-
ments, and relationships involving farm equipment and implements
or parts; to provide a policy statement; to provide definitions; to
provide for applicability; to provide that certain conduct is unlawful;
to prohibit certain conduct and transactions; to provide for parts and
1792
GENERAL ACTS AND RESOLUTIONS, VOL. I
inventory; to provide for warranty obligations and reimbursements;
to provide for the applicability of the article to certain agreements
and transactions; to provide for the termination of certain agreements
and transactions; to provide for remedies; to provide that certain
agreements and transactions are void and unenforceable; to provide
for the repurchase of certain inventory; to provide for certain liability;
to provide for which agreements and transactions are covered by the
article; to provide for other matters relative to the foregoing; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 8 of Title 13 of the Official Code of Georgia
Annotated, relating to illegal and void contracts, is amended by
adding at the end thereof the following:
ARTICLE 3
13-8-31. The General Assembly finds that the distribution of farm
equipment in the State of Georgia vitally affects the general economy
of the state and the public interest and public welfare and, in the
exercise of its police power, it is necessary to regulate farm equipment
manufacturers, distributors, dealers, and their representatives doing
business in Georgia in order to prevent frauds, unfair business
practices, unfair methods of competition, impositions, and other
abuses upon its citizens.
13-8-32. As used in this article, the term:
(1) Distributor or wholesaler means any person, com-
pany, or corporation who purchases farm equipment or imple-
ments or parts from a manufacturer and resells the same at
wholesale to dealers.
(2) Distributor or wholesaler branch means a branch office
maintained by a distributor or wholesaler which sells or distri-
butes farm equipment or implements or parts to tractor or farm
equipment dealers.
(3) Distributor representative means a representative
employed by a distributor branch or distributor.
GEORGIA LAWS 1982 SESSION
1793
(4) Factory branch means a branch office maintained by a
manufacturer which manufactures and assembles farm equipment
or implements or parts for sale to distributors, tractor or farm
equipment dealers, or wholesalers or which is maintained for
directing and supervising the representatives of the manufacturer.
(5) Factory representative means a representative
employed by a manufacturer or employed by a factory branch for
the purpose of making or promoting the sale of farm equipment or
implements or parts or for supervising, servicing, instructing, or
contracting with farm equipment dealers or prospective dealers or
wholesalers.
(6) Farm equipment dealer means any person who sells,
solicits, or advertises the sale of farm equipment to the consuming
public. It shall not include (A) receivers, trustees, administrators,
executors, guardians, or other persons appointed by or acting
under judgment, decree, or order of any court; (B) public officers
while performing their duties as such officers; (C) persons making
casual sales of their own item of farm equipment not subject to
sales tax under the laws of the State of Georgia; (D) persons
engaged in the auction sale of farm equipment; or (E) dealers in
used farm equipment.
(7) Farm equipment or implements means those farm
implements primarily designed for use in agriculture.
(8) Franchise means an oral or written agreement for a
definite or indefinite period of time in which a manufacturer
grants to a wholesaler permission to use a trade name, service
mark, or related characteristic, and in which there is a community
of interest in the marketing of farm equipment or implements or
parts or services related thereto at wholesale whether by leasing,
sale, or otherwise.
(9) Franchisee means a wholesaler to whom a franchise is
offered or granted.
(10) Franchisor means a manufacturer who grants a fran-
chise to a wholesaler.
(11) Fraud means, in addition to its normal legal con-
notation, the following: a misrepresentation in any manner,
1794
GENERAL ACTS AND RESOLUTIONS, VOL. I
whether intentionally false or arising from gross negligence, of a
material fact; a promise or representation not made honestly and
in good faith; or an intentional failure to disclose a material fact.
(12) Manufacturer means any person engaged in the busi-
ness of manufacturing or assembling farm equipment or imple-
ments or parts.
(13) New farm equipment or implements means a unit of
farm equipment or implement which has not been previously sold
to and put into regular use or service by any person except a
wholesaler for resale.
(14) Person means a natural person, corporation, partner-
ship, trust, or other business entity; and, in case of a business
entity, it shall include any other entity in which it has a majority
interest or effectively controls as well as the individual officers,
directors, and other persons in active control of the activities of
each such entity.
(15) Sale means the issuance, transfer, agreement for trans-
fer, exchange, pledge, hypothecation, or mortgage in any form,
whether by transfer in trust or otherwise, of any unit of farm
equipment or implement or parts or interest therein or of any
franchise related thereto; any option, subscription or other con-
tract, or solicitation, looking to a sale, or offer or attempt to sell in
any form, whether in oral or written form.
13-8-33. Any person who engages directly or indirectly in pur-
poseful contacts within this state in connection with the offering or
advertising for sale of farm machinery or implements and parts shall
be subject to the provisions of this article and shall be subject to the
jurisdiction of the courts of this state upon service of process in
accordance with the provisions of the laws of the State of Georgia.
13-8-34. Unfair methods of competition and unfair or deceptive
acts or practices as defined in Code Section 13-8-35 are declared to be
unlawful.
13-8-35. (a) It shall be deemed a violation of Code Section 13-8-34
for any manufacturer, factory branch, factory representative, or
wholesaler to engage in any action which is arbitrary, in bad faith, or
unconscionable and which causes damage in terms of law or equity to
any of the parties or to the public.
GEORGIA LAWS 1982 SESSION
1795
(b) It shall be deemed a violation of Code Section 13-8-34 for a
manufacturer, a factory branch or division, or officer, agent, or other
representative thereof, to coerce, or attempt to coerce, any whole-
saler:
(1) To order or accept delivery of any unit of farm equip-
ment or implements or parts or accessories therefor, or any other
commodity or commodities which such wholesaler has not volun-
tarily ordered; or
(2) To order or accept delivery of any farm equipment or
implements with special features, accessories, or equipment not
included in the base list price of such farm equipment or imple-
ments as publicly advertised by the manufacturer thereof.
(c) It shall be deemed a violation of Code Section 13-8-34 for a
manufacturer, a factory branch or division, or officer, agent, or other
representatives thereof:
(1) To refuse to deliver in reasonable quantities and within
a reasonable time after receipt of wholesalers order to any whole-
saler having a franchise or contractual agreement for the sale of
farm equipment or implements sold by such manufacturer or
factory branch or division any item of farm equipment covered by
such franchise or contract specifically advertised or represented
by such manufacturer or factory branch or division to be available
for immediate delivery; provided, however, the failure to deliver
any such unit of farm equipment or implements shall not be
considered a violation of this article if such failure is due to
prudent and reasonable restriction on extension of credit by the
franchisor to the wholesaler, an act of God, work stoppage or delay
due to a strike or labor difficulty, a bona fide shortage of materials,
freight embargo, or other cause over which the manufacturer or
any agent thereof shall have no control;
(2) To coerce or attempt to coerce any wholesaler to enter
into any agreement, whether written or oral, supplementary to an
existing franchise with such manufacturer, factory branch or
division, or officer, agent, or other representative thereof; or to do
any other act prejudicial to such wholesaler by threatening to
cancel any franchise or any contractual agreement existing
between such manufacturer or factory branch or division, and
such wholesaler; provided, however, that notice in good faith to
1796
GENERAL ACTS AND RESOLUTIONS, VOL. I
any wholesaler of such wholesalers violation of any terms or
provisions of such franchise or contractual agreement shall not
constitute a violation of this article if such notice is in writing
mailed by registered or certified mail to such wholesaler at his
current business address;
(3) (A) To terminate or cancel the franchise or selling
agreement of any such wholesaler without due cause, as
defined in subparagraph (B). The nonrenewal of a franchise
or selling agreement, without due cause, shall constitute an
unfair termination or cancellation, regardless of the specified
time period of such franchise or selling agreement. Except
where the grounds for such termination or cancellation fall
within part 13-8-35(c) (3) (B) (iii), such manufacturer or fac-
tory branch or division, or officer, agent, or other representa-
tives thereof shall notify a wholesaler in writing of the termi-
nation or cancellation of the franchise or selling agreement of
such wholesaler at least 60 days before the effective date
thereof, stating the specific grounds for such termination or
cancellation; and in no event shall the contractual term of any
such franchise or selling agreement expire without the written
consent of the wholesaler involved prior to the expiration of at
least 60 days following such written notice. During the 60 day
period, either party may, in appropriate circumstances, peti-
tion a court to modify such 60 day stay or to extend it pending
a final determination of such proceedings on the merits. The
court shall have authority to grant preliminary and final
injunctive relief;
(B) As used in this subparagraph, tests for determining
what constitutes due cause for a manufacturer to terminate,
cancel, or refuse to renew a franchise agreement shall include
whether the wholesaler:
(i) Has transferred an ownership interest in the
business without the manufacturers consent;
(ii) Has made a material misrepresentation in
applying for or acting under the franchise agreement;
(iii) Has filed a voluntary petition in bankruptcy or
has had an involuntary petition in bankruptcy filed
against the wholesaler which has not been discharged
GEORGIA LAWS 1982 SESSION
1797
within 30 days after the filing, is in default under the
provisions of a security agreement in effect with the
manufacturer, or is in receivership;
(iv) Has engaged in an unfair business practice;
(v) Has inadequately represented the manufac-
turers products with respect to sales, service, or war-
ranty work;
(vi) Has engaged in conduct which is injurious or
detrimental to the public welfare;
(vii) Has inadequate sales and service facilities and
personnel;
(viii) Has failed to comply with an applicable
licensing law;
(ix) Has been convicted of a crime, the effect of
which would be detrimental to the manufacturer or
wholesale business;
(x) Has failed to operate in the normal course of
business for seven consecutive business days;
(xi) Has relocated the wholesalers place of busi-
ness without the manufacturers consent; or
(xii) Has failed to comply with the terms of the
franchise agreement;
(4) To resort to or use any false or misleading advertisement
in connection with his business as such manufacturer, or factory
branch or division, or officer, agent, or other representative
thereof;
(5) To offer to sell any unit of farm equipment or imple-
ments or parts or accessories therefor to any other wholesaler at a
lower actual price therefor than the actual price offered to any
other wholesaler for farm equipment or implement identically
equipped; or to utilize any device including, but not limited to,
sales promotion plans or programs which result in such lesser
1798
GENERAL ACTS AND RESOLUTIONS, VOL. I
actual price; provided, however, the provisions of this paragraph
shall not apply to sales to a wholesaler for resale to any unit of the
United States government, the state, or any of its political subdi-
visions; and provided, further, that the provisions of this para-
graph shall not apply so long as a manufacturer sells or offers to
sell such new farm equipment or implement, parts, or accessories
to all their franchised wholesalers at an equal price;
(6) To discriminate willfully, either directly or indirectly, in
price, programs, or terms of sale offered to franchisees, where the
effect of such discrimination may be to lessen competition sub-
stantially or to give to one holder of a franchise any business or
competitive advantage not offered to all holders of the same or
similar franchise;
(7) To prevent or attempt to prevent, by contract or other-
wise, any wholesaler from changing the capital structure of his
business or the means by or through which he finances the
operation of his business, provided the wholesaler at all times
meets any reasonable capital standards agreed to between the
wholesaler and the manufacturer and provided such change by the
wholesaler does not result in a change in the executive manage-
ment of the wholesaler;
(8) To prevent or attempt to prevent, by contract or other-
wise, any wholesaler or any officer, partner, or stockholder of any
wholesaler from selling or transferring any part of the interest of
any of them to any other person or persons or party or parties;
provided, however, that no wholesaler, officer, partner, or stock-
holder shall have the right to sell, transfer, or assign the franchise
or power of management or control thereunder without the con-
sent of the manufacturer, except that such consent shall not be
unreasonably withheld;
(9) To obtain money, goods, services, anything of value, or
any other benefit from any other person with whom the wholesaler
does business or employs on account of or in relation to the
transactions between the wholesaler, the franchisor, and such
other person; or
(10) To require a wholesaler to assent to a release, assign-
ment, notation, waiver, or estoppel which would relieve any person
from liability imposed by this article.
GEORGIA LAWS 1982 SESSION
1799
(d) It shall be deemed a violation of Code Section 13-8-34 for a
wholesaler:
(1) To require a purchaser of any unit of farm equipment or
implement, as a condition of sale and delivery thereof, also to
purchase special features, appliances, equipment, parts, or acces-
sories not desired or requested by the purchaser; provided, how-
ever, that this prohibition shall not apply to special features,
appliances, equipment, parts, or accessories which are already
installed when a unit of farm equipment or implement is received
by the wholesaler from the manufacturer thereof;
(2) To represent and sell as new and unused any unit of
farm equipment or implement which has been used and operated
for demonstration or other purposes without stating to the pur-
chaser the approximate amount of use the unit of farm machinery
or implement has experienced; or
(3) To resort to or use any false or misleading advertisement
in connection with his business as such wholesaler.
13-8-36. (a) Every manufacturer shall specify and every whole-
saler shall provide and fulfill reasonable predelivery and preparation
obligations for its farm equipment or implements prior to delivery of
same to purchasers.
(b) Every manufacturer shall provide for repair parts availabil-
ity throughout the reasonable useful life of any farm equipment or
implement sold.
(c) Every manufacturer shall provide to his wholesalers, on an
annual basis, an opportunity to return a portion of his surplus parts
inventory for credit. The surplus parts return procedure shall be
administered as follows:
(1) The manufacturer may specify and thereupon notify his
wholesalers of a time period of at least 60 days duration, during
which time wholesalers may submit their surplus parts list and
return their surplus parts to the manufacturer;
(2) If a manufacturer has not notified a wholesaler of a
specific time period for returning surplus parts within the preced-
ing 12 months, then he shall authorize and allow the wholesalers
1800
GENERAL ACTS AND RESOLUTIONS, VOL. I
surplus parts return request within 30 days after receipt of such
request from the wholesaler;
(3) Pursuant to the provisions of this subsection, a manu-
facturer must allow surplus parts return authority on a dollar
value of parts equal to 10 percent of the total dollar value of
purchases by the wholesaler from the manufacturer during the 12
month period immediately preceding the notification to the
wholesaler by the manufacturer of the surplus parts return pro-
gram, or the month the wholesalers return request is made,
whichever is applicable; provided, however, that the wholesaler
may, at his option, elect to return a dollar value of his surplus
parts less than 10 percent of the total dollar value of purchases by
the wholesaler from the manufacturer during the preceding 12
month period as provided herein;
(4) No obsolete or superseded part may be returned, but
any part listed in the manufacturers current parts price list at the
date of notification to the wholesaler by the manufacturer of the
surplus parts return program, or the date of a wholesalers parts
return request, whichever is applicable, shall be eligible for return
and credit hereinabove specified; provided, however, that
returned parts must be in new and unused condition and must
have been purchased from the manufacturer to whom they are
returned;
(5) The minimum lawful credit to be allowed for returned
parts shall be 85 percent of the wholesale cost thereof as listed in
the manufacturers current parts price list at the date of the
notification to the wholesaler by the manufacturer of the surplus
parts return program, or the date of a wholesalers parts return
request, whichever is applicable;
(6) Applicable credit hereunder must be issued to the
wholesaler within 30 days after receipt of his returned parts by the
manufacturer; and
(7) Packing and return freight expense incurred in any
return of surplus parts pursuant to the terms of this Code section
shall be borne by the wholesaler.
13-8-37. Every manufacturer or factory branch or division shall
reimburse its wholesalers for any expenses they incur in complying
GEORGIA LAWS 1982 SESSION
1801
with the provisions of Georgia laws pertaining to warranty require-
ments for farm equipment or implements as they apply to products of
the manufacturer.
13-8-38. The provisions of this article shall apply to all written or
oral agreements between a manufacturer with a wholesaler including,
but not limited to, the franchise offering, the franchise agreement,
sales of goods, services and advertising, leases or mortgages of real or
personal property, promises to pay, security interests, pledges, insur-
ance contracts, advertising contracts, construction or installation
contracts, servicing contracts, and all other such agreements in which
the manufacturer has any direct or indirect interest.
13-8-39. It shall be unlawful for the manufacturer or franchisor,
without due cause, to fail to renew on terms then equally available to
all its wholesalers, to terminate a franchise, or to restrict the transfer
of a franchise unless the franchisee shall receive fair and reasonable
compensation for the inventory of the business. As used herein, due
cause shall be construed in accordance with the definition of same as
contained in subparagraph (B) of paragraph (3) of subsection (c) of
Code Section 13-8-35.
13-8-40. (a) In addition to temporary or permanent injunctive
relief as provided in subparagraph (A) of paragraph (3) of subsection
(c) of Code Section 13-8-35, any person who shall be injured in his
business or property by reason of anything forbidden in this article
may bring an action therefor in the appropriate superior court of this
state and shall recover the actual damages sustained and the costs of
such action, including a reasonable attorneys fee.
(b) When such action is one of common or general interest to
many persons or when the parties are numerous and it is impracti-
cable to bring them all before the court, one or more may bring a class
action for the benefit of the whole, including actions for injunctive
relief.
(c) In an action for money damages, if the jury finds that the
defendant acted maliciously, the jury may award punitive damages as
permitted by Georgia law.
13-8-41. Any contract or franchise agreement or part thereof or
practice thereunder in violation of any provision of this article shall
be deemed against public policy and shall be void and unenforceable.
1802
GENERAL ACTS AND RESOLUTIONS, VOL. I
13-8-42. (a) Whenever any wholesaler enters into a franchise
agreement with a manufacturer wherein the wholesaler agrees to
maintain an inventory of farm equipment or implements or repair
parts and the franchise is subsequently terminated, the manufacturer
shall repurchase the inventory as provided in this article. The
wholesaler may keep the inventory if he desires. If the wholesaler has
any outstanding debts to the manufacturer, then the repurchase
amount may be credited to the wholesalers account.
(b) The manufacturer shall repurchase that inventory previ-
ously purchased from him and held by the wholesaler on the date of
termination of the contract. The manufacturer shall pay 100 percent
of the actual wholesalers cost, including freight, of all new, unsold,
undamaged, and complete units of farm equipment or implements
which are resalable, all demonstrator units of farm equipment or
implements, and 100 percent of the current wholesale price of all new,
unused, undamaged repair parts and accessories which are listed in
the manufacturers current parts price list. The manufacturer shall
pay the wholesaler 5 percent of the current wholesale price on all new,
unused, and undamaged repair parts returned to cover the cost of
handling, packing, and loading.
(c) Upon payment within a reasonable time of the repurchase
amount to the wholesaler, the title and right of possession to the
repurchased inventory shall transfer to the manufacturer.
(d) The provisions of this article shall not require the repurchase
from a wholesaler of:
(1) Any repair part which has a limited storage life or is
otherwise subject to deterioration;
(2) Any single repair part which is priced as a set of two or
more items;
(3) Any repair part which, because of its condition, is not
resalable as a new part without repackaging or reconditioning;
(4) Any inventory for which the wholesaler is unable to
furnish evidence, reasonably satisfactory to the manufacturer, of
good title, free and clear of all claims, liens, and encumbrances;
GEORGIA LAWS 1982 SESSION
1803
(5) Any inventory which the wholesaler desires to keep,
provided the wholesaler has a contractual right to do so;
(6) Any unit of farm equipment or implement which is not
in new, unused, undamaged, complete condition, except units that
have been used by the wholesaler as demonstrators;
(7) Any repair parts which are not in new, unused, undam-
aged condition;
(8) Any inventory which was ordered by the wholesaler on
or after the date of receipt of the notification of termination of the
franchise; or
(9) Any inventory which was acquired by the wholesaler
from any source other than the manufacturer.
(e) If any manufacturer shall fail or refuse to repurchase any
inventory covered under the provisions of this article within 60 days
after termination of a wholesalers contract, he shall be civilly liable
for 100 percent of the current wholesale price of the inventory plus
any freight charges paid by the wholesaler, the wholesalers reason-
able attorneys fees, court costs, and interest on the current wholesale
price computed at the legal interest rate from the sixty-first day after
termination.
13-8-43. In the event of the death or incapacity of the wholesaler
or the majority stockholder of a corporation operating as a wholesaler,
the manufacturer shall, at the option of the heirs at law if the
wholesaler died intestate, or the devisees or transferees under the
terms of the deceased wholesalers last will and testament if said
wholesaler died testate, repurchase the inventory from said heirs or
devisees as aforesaid as if the manufacturer had terminated the
contract and the inventory repurchase provisions of Code Section 13-
8-42 are made expressly applicable hereto. The heirs or devisees as
aforesaid shall have one year from the date of the death of the
wholesaler or majority stockholder to exercise their option under this
article; provided, however, that nothing in this article shall require
the repurchase of inventory if the heirs or devisees as aforesaid and
the manufacturer enter into a new franchise agreement to operate the
wholesale business.
1804
GENERAL ACTS AND RESOLUTIONS, VOL. I
13-8-44. A manufacturer will fully indemnify and hold harmless
its wholesaler against any losses including, but not limited to court
costs and reasonable attorneys fees or damages arising out of com-
plaints, claims, or lawsuits including, but not limited to, strict liabil-
ity, negligence, misrepresentation, express or implied warranty, or
rescission of the sale where the complaint, claim, or lawsuit relates to
the manufacture, assembly, or design of new items covered by this
article, parts or accessories, or other functions by the manufacturer
which are beyond the control of the wholesaler.
13-8-45. The provisions of this article shall apply to all contracts
now in effect which have no expiration date and are a continuing
contract and all other contracts entered into or renewed after Novem-
ber 1, 1982. Any contract in force and effect on November 1, 1982,
which by its own terms will terminate on a date subsequent thereto
shall be governed by the law as it existed prior to this article.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 19,1982.
LIVESTOCK DEALERS AND MARKET OPERATORS.
Code Title 4, Chapter 6 Amended.
No. 1501 (Senate Bill No. 735).
AN ACT
To amend Chapter 6 of Title 4 of the Official Code of Georgia
Annotated, relating to livestock dealers and market operators, so as to
change the amount of bond required of licensees; to prohibit licensing
of businesses owned by or employing persons who have previously
been involved in defaulting businesses; to provide for all related
GEORGIA LAWS 1982 SESSION
1805
matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 6 of Title 4 of the Official Code of Georgia
Annotated, relating to livestock dealers and market operators, is
amended by replacing Code Section 4-6-3 with a new Code section to
read as follows:
4-6-3. No livestock market operator shall engage in or carry on
such business without first applying for and obtaining a license from
the Commissioner. No livestock dealer or broker who buys or sells
through a livestock market operator shall engage in or carry on such
business without first applying for and obtaining a license from the
Commissioner. There shall be no fee for such license and the license
shall remain valid and in force until and unless revoked. No such
license shall be issued to any person unless the applicant therefor
shall be bonded by the Commissioner.
Section 2. Said chapter is further amended by replacing Code
Section 4-6-42 with a new Code section to read as follows:
4-6-42. No person shall operate a sales establishment for the
sale of livestock at auction unless he has then in force a bond in an
amount equal to one fifty-second of the total sales of that establish-
ment for the last calendar year before any such sale is held but not less
than $10,000.00 or more than $150,000.00.
Section 3. Said chapter is further amended by replacing Code
Section 4-6-43 with a new Code section to read as follows:
4-6-43. No dealer shall purchase livestock at any sales estab-
lishment unless he has then in force a bond in an amount equal to one
twenty-fifth of the total purchases made by him during the calendar
year next preceding the year in which the purchase is made but not
less than $10,000.00 or more than $150,000.00. This Code section
shall not be applicable to nor shall a bond be required of a dealer who
purchases livestock at sales establishments for cash only.
Section 4. Said chapter is further amended by adding a new
Code Section 4-6-49.1 to read as follows:
1806
GENERAL ACTS AND RESOLUTIONS, VOL. I
4-6-49.1. (a) No license shall be issued to or allowed to be
maintained by any sales establishment or dealer if:
(1) Any beneficial interest in the business of the sales
establishment or dealer is directly or indirectly owned by a
defaulter; or
(2) Any defaulter is employed in a management position by
the sales establishment or dealer.
(b) As used in this Code section, the term defaulter means any
person who has within the past five years been employed in a
managerial position by or owned any beneficial interest in the busi-
ness of a sales establishment or dealer which business has ceased
operations without satisfying all liabilities of the business either from
assets of the business or from any bond or bonds.
(c) The Commissioner shall have full authority to require disclo-
sure from licensees and applicants of information sufficient to deter-
mine whether the licensee or applicant is qualified to be licensed
under this Code section. The Commissioner shall have full authority
to examine the records and accounts of all licensees in order to
determine whether any proceeds of the business are being paid to any
defaulter.
(d) This Code section shall not prohibit the Commissioner from
allowing a defaulter to operate as a dealer who purchases livestock for
cash only.
Section 5. Said chapter is further amended by replacing subsec-
tion (b) of Code Section 4-6-52 with a new subsection (b) to read as
follows:
(b) The Commissioner is authorized to prescribe rules and
regulations for the operation of special sales. No person shall hold a
special sale without obtaining a permit therefor from the Commis-
sioner or his duly authorized representative, which shall be granted
without charge upon submission of proof satisfactory to the Commis-
sioner that the person applying for the permit is bonded in an amount
equal to one-fourth of the anticipated proceeds of the sale; provided,
however, such bond shall be not less than $10,000.00 and not more
than $150,000.00 in amount.
GEORGIA LAWS 1982 SESSION
1807
Section 6. This Act shall become effective on November 1,1982.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 19,1982.
CRIMINAL PROCEDURE FIRST OFFENDER
TREATMENT, ETC.
Code Title 42, Chapter 8 Amended.
No. 1503 (Senate Bill No. 579).
AN ACT
To amend Article 3 of Chapter 8 of Title 42 of the Official Code of
Georgia Annotated, relating to first offenders, so as to authorize the
judge to place a defendant in confinement as a condition to being
afforded first offender benefits; to provide for discharge and exonera-
tion to those so confined; to change the provisions relating to release
of records of discharge; to provide for the release of records of
discharge to law enforcement agencies for investigative purposes; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 3 of Chapter 8 of Title 42 of the Official Code
of Georgia Annotated, relating to first offenders, is amended by
striking Code Section 42-8-60 in its entirety and inserting in lieu
thereof a new Code Section 42-8-60 to read as follows:
42-8-60. (a) Upon a verdict or plea of guilty or a plea of nolo
contendere, but before an adjudication of guilt, in the case of a
defendant who has not been previously convicted of a felony, the
court may, without entering a judgment of guilt and with the consent
of the defendant:
1808
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Defer further proceeding and place the defendant on
probation as provided by law; or
(2) Sentence the defendant to a term of confinement as
provided by law.
(b) Upon violation by the defendant of the terms of probation or
upon a conviction for another crime, the court may enter an adjudica-
tion of guilt and proceed as otherwise provided by law. No person
may avail himself of this article on more than one occasion.
Section 2. Said article is further amended by striking Code
Section 42-8-61 in its entirety and substituting in lieu thereof a new
Code Section 42-8-61 to read as follows:
42-8-61. The defendant shall be informed of the terms of this
article at the time of imposition of sentence.
Section 3. Said article is further amended by striking Code
Section 42-8-62 in its entirety and substituting in lieu thereof a new
Code Section 42-8-62 to read as follows:
42-8-62. Upon fulfillment of the terms of probation, upon
release by the court prior to the termination of the period thereof, or
upon release from confinement, the defendant shall be discharged
without court adjudication of guilt. The discharge shall completely
exonerate the defendant of any criminal purpose and shall not affect
any of his civil rights or liberties; and the defendant shall not be
considered to have a criminal conviction. Should a person be placed
under probation or in confinement under this article, a record of the
same shall be forwarded to the Georgia Crime Information Center.
Without request of the defendant a record of discharge and exonera-
tion, as provided in this Code section, shall in every case be forwarded
to the Georgia Crime Information Center. In every case in which the
record of probation or confinement shall have been previously for-
warded to the Department of Offender Rehabilitation, to the Georgia
Crime Information Center, and to the Identification Division of the
Federal Bureau of Investigation and a record of a subsequent dis-
charge and exoneration of the defendant has not been forwarded as
provided in this Code section, upon request of the defendant or his
attorney or representative the record of the same shall be forwarded
by the clerk of court so as to reflect the discharge and exoneration.
GEORGIA LAWS 1982 SESSION
1809
Section 4. Said article is further amended by striking Code
Section 42-8-65 in its entirety and inserting in lieu thereof a new Code
Section 42-8-65 to read as follows:
42-8-65. (a) If otherwise allowable by law in any subsequent
prosecution of the defendant for any other offense, a prior finding of
guilt may be pleaded and proven as if an adjudication of guilt had
been entered and relief had not been granted pursuant to this article.
Except as provided in subsection (b), the record of discharge shall be
released solely to the Attorney General, a district attorney, a solicitor
of a state court, the Department of Offender Rehabilitation, the office
of a county probation system or of a state or county probation system
of another state or of the United States, an office of the State Board of
Pardons and Paroles, an office of the pardons and paroles division of
another state or of the United States, or a prosecuting attorney of
another state or of the United States, upon certification by such
probation system or prosecuting attorney that there are pending in a
court of competent jurisdiction criminal charges against any person
discharged under this article.
(b) Upon certification by the chief executive officer of any law
enforcement agency of a pending criminal investigation and the need
for the record of discharge of a named person to be released, the
record of discharge of such person may be released to such law
enforcement agency. For the purposes of this subsection, the term
law enforcement agency means a governmental unit of one or more
persons employed full time or part time by the state, a state agency or
department, or a political subdivision of the state for the purpose of
preventing and detecting crime and enforcing state laws or local
ordinances, employees of which unit are authorized to make arrests
for crimes while acting within the scope of their authority.
Section 5. This Act shall become effective on November 1,1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 20,1982.
1810
GENERAL ACTS AND RESOLUTIONS, VOL. I
OPEN MEETINGS LAW AMENDED.
Code Title 50, Chapter 14 Amended.
No. 1504 (Senate Bill No. 683).
AN ACT
To amend Chapter 14 of Title 50 of the Official Code of Georgia
Annotated, relating to the conduct of meetings of state and local
government departments, agencies, and authorities, so as to com-
pletely revise and supersede said 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. Chapter 14 of Title 50 of the Official Code of Georgia
Annotated, relating to the conduct of meetings of state and local
government departments, agencies, and authorities, is amended by
striking said chapter in its entirety and substituting in lieu thereof a
new Chapter 14 of Title 50 to read as follows:
CHAPTER 14
50-14-1. (a) As used in this chapter, the term:
(1) Agency means:
(A) Every state department, agency, board, bureau, com-
mission, and authority;
(B) The governing authority of every county, municipal
corporation, school district, or other political subdivision of
the state;
(C) Every department, agency, board, bureau, commis-
sion, authority, or similar body of each such county, munici-
pal corporation, or other political subdivision of the state; and
(D) Every city, county, regional, or other authority
established pursuant to the laws of this state.
GEORGIA LAWS 1982 SESSION
1811
(2) Meeting means the gathering of a quorum of an agency,
pursuant to schedule, call, or notice of or from the agency at a
designated time or place, at which proposed official action is to be
discussed or at which official action is to be taken.
(b) Any provision of this or any other law to the contrary
notwithstanding, the term records or public records means those
documents and writings which are prepared and kept as written
memorials of a final action taken by any agency.
(c) All meetings of any agency at which proposed official action
is to be discussed or at which official action is to be taken shall be
open to the public at all times. No resolution, rule, regulation,
ordinance, or other formal action of an agency shall be binding unless
taken, made, or arrived at in compliance with this chapter. Any action
contesting a resolution, rule, regulation, ordinance, or other formal
action of an agency on the ground of noncompliance with this chapter
must be commenced within 90 days of the date the resolution, rule,
ordinance, or regulation was passed or the formal action was taken,
provided that any action under this chapter contesting a zoning
decision of a local governing authority shall be commenced within the
time allowed by law for appeal of such zoning decision.
(d) The public at all times shall be afforded access to meetings
declared open to the public pursuant to subsection (c) of this Code
section. Visual, sound, and visual and sound recording during open
meetings shall be permitted.
(e) Every agency shall prescribe the time, place, and dates of
regular meetings of the agency. Such information shall be available to
the general public. Meetings shall be held in accordance with a
regular schedule, but nothing in this subsection shall preclude an
agency from canceling or postponing any regularly scheduled meet-
ing. Whenever any scheduled, adjourned, or postponed meeting
required to be open to the public is to be held at a time other than that
regularly scheduled, or when any specially called meeting required to
be open to the public is to be held, the agency shall give due notice
thereof. A notice shall be sufficient if posted for a period of 24 hours
at the place of regular meetings. When special circumstances occur
and are so declared by an agency, that agency may hold a meeting
with less than 24 hours notice upon giving such notice as is reason-
able under the circumstances, in which event the reason for holding
the meeting within 24 hours and the nature of the notice given shall
be recorded in the minutes.
1812
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) The minutes of a meeting of any agency shall be promptly
recorded and such records shall be open to public inspection. The
superior courts of this state shall have jurisdiction to issue injunctions
to enforce the purposes of this chapter, upon application by any
citizen of this state.
50-14-2. (a) This chapter shall not be construed so as to repeal
in any way:
(1) The attorney-client privilege recognized by state law;
and
(2) Those tax matters which are otherwise made confiden-
tial by state law.
(b) Where a meeting of an agency is devoted in part to matters
within the exceptions set forth in this chapter, any portion of the
meeting not subject to any such exception, privilege, or confiden-
tiality shall be open to the public, and minutes of such portions not
subject to any such exceptions shall be taken, recorded, and open to
public inspection as provided in subsection (f) of Code Section 50-14-
1. In addition, the minutes of any such meeting shall reflect the
specific reason or reasons for any closure.
50-14-3. It shall be unlawful for any person who is a member of
any agency to conduct any meeting not held in accordance with this
chapter. Any person violating this Code section shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a
fine not to exceed $100.00.
50-14-4. This chapter shall not apply to the following:
(1) Staff meetings held for investigative purposes under
duties or responsibilities imposed by law;
(2) The deliberations and voting of the State Board of
Pardons and Paroles;
(3) Meetings of the Georgia Bureau of Investigation or any
other law enforcement agency in the state, including grand jury
meetings;
GEORGIA LAWS 1982 SESSION
1813
(4) Meetings when any agency is discussing the future
acquisition of real estate;
(5) Meetings of any committee of a public hospital when the
committee is considering the grant of abortions under state law;
(6) Meetings when:
(A) Any agency is discussing the appointment, employ-
ment, disciplinary action, or dismissal of a public officer or
employee; or
(B) Any agency is hearing complaints or charges
brought against a public officer or employee unless he
requests a public meeting; and
(7) Adoptions and proceedings related thereto.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 20,1982.
GEORGIA RESIDENTIAL FINANCE AUTHORITY
ACT AMENDED.
Code Title 8, Chapter 3 Amended.
No. 1505 (Senate Bill No. 728).
AN ACT
To amend an Act known as the Georgia Residential Finance
Authority Act, approved March 26, 1974 (Ga. L. 1974, p. 975), as
amended, so as to change the membership of the authority; to provide
1814
GENERAL ACTS AND RESOLUTIONS, VOL. I
for legislative intent; to create the Georgia Secondary Market Corpo-
ration; to define certain terms; to provide that all of the corporate
powers, duties, and functions of the corporation shall be exercised by
a board of directors; to provide for a board of directors; to provide for
an executive director who shall be the chief administrative officer of
the corporation; to authorize the board to create other offices as it
deems necessary for the operation of the corporation and to appoint
qualified persons to fill such offices; to provide that persons
appointed by the board to fill such offices shall perform such execu-
tive functions, powers, and duties as may be prescribed by the board;
to authorize the corporation to employ technical experts and other
technical personnel; to provide that certain personnel employed by
the corporation may also be simultaneously employed by the Georgia
Residential Finance Authority; to provide for the division and pay-
ment of salaries and expenses associated with any officer or employee
simultaneously employed by the corporation and the authority; to
provide for the preparation of an annual budget by the chief adminis-
trative officer; to provide that the board shall authorize the guarantee
or sale of obligations or securities and shall approve other major
contractual agreements; to provide for the general powers of the
corporation; to authorize the corporation to guarantee the timely
payment of principal and interest of certain securities; to provide that
guarantees by the corporation shall not constitute a debt or obligation
of the State of Georgia or any agency or instrumentality thereof other
than the corporation; to provide that a mortgage lender shall be
eligible to issue and service mortgage-backed securities guaranteed by
the corporation if such mortgage lender qualifies as an eligible issuer;
to provide for the qualifications a mortgage lender must meet to
become an eligible issuer; to provide for certain duties by the corpora-
tion in the event that a mortgage lender which is qualified as an
eligible issuer fails to meet certain requirements; to provide for the
issuance of straight pass-through securities and modified pass-
through securities; to provide for the minimum face amount of each
issue of guaranteed securities; to provide for the transferability of
securities; to provide that each issue of guaranteed securities must be
backed by a separate pool of mortgages which meet certain require-
ments; to provide that the corporation shall not guarantee securities
if the pool arrangement proposed by the issuer does not satisfactorily
meet certain requirements; to provide that the issuer shall maintain
fidelity bond coverage that assures the faithful performance of the
fiduciary responsibilities of the issuer; to provide for guarantees by
the corporation with respect to straight pass-through securities; to
provide that the corporation shall establish a schedule of application
GEORGIA LAWS 1982 SESSION
1815
and guarantee fees and alter the schedule of fees as it reasonably
deems appropriate; to provide that the proceeds of fees shall be
applied to defray the operating expenses of the corporation; to
provide that any remaining proceeds shall be deposited in the Guar-
antee Reserve Fund; to provide that when the Guarantee Reserve
Fund or the Minimum Guarantee Reserve Fund requirement is
sufficiently funded, the additional proceeds shall be applied to pur-
chase outstanding mortgage capital certificates; to provide that secu-
rities guaranteed by the corporation shall be legal investments; to
provide that the corporation may issue obligations, Mortgage
Capital Certificates, to enable the corporation to carry out its
functions; to authorize the corporation to purchase any of its mort-
gage capital certificates outstanding at any time and at any price; to
provide for certain pledges and agreements by the state with the
holders of any mortgage capital certificates; to provide that no
guarantee by the corporation or mortgage capital certificate issued by
the corporation shall be deemed to constitute a debt or liability of the
state or any political subdivision of the state and shall not directly or
indirectly or contingently obligate the state or any political subdivi-
sion of the state to levy or to pledge any form of taxation or to make
any appropriation for the payment of such securities; to provide that
nothing shall be construed to prevent the corporation from pledging
its full faith and credit; to provide that certain proceeds shall be used
for the operating costs of the corporation, payments into the Guaran-
tee Reserve Fund, and other expenses; to provide that the corporation
shall create and establish the Georgia Secondary Market Fund; to
provide that the corporation shall create and establish a special
account in the Georgia Secondary Market Fund which shall be known
as the Guarantee Reserve Fund and pay certain proceeds and
moneys into the fund; to provide that all moneys in the Guarantee
Reserve Fund, with certain exceptions, shall be used for the payment
of principal and interest on certain securities guaranteed by the
corporation; to provide that for each issue of securities guaranteed by
the corporation, the corporation shall determine according to sound
actuarial and business practices the amount by which the Guarantee
Reserve Fund shall be increased to ensure the continued payment of
principal and interest on such securities in the event of default by the
issuer; to provide that moneys of the corporation not invested in
operating facilities shall be kept in cash on hand or on deposit or shall
be lawfully invested; to provide for other matters relative to the
foregoing; to amend the Official Code of Georgia Annotated accord-
ingly; to provide for effective dates; to repeal conflicting laws; and for
other purposes.
1816
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act known as the Georgia Residential Finance
Authority Act, approved March 26, 1974 (Ga. L. 1974, p. 975), as
amended, is amended by striking subsection (a) of Section 5 in its
entirety and inserting in lieu thereof a new subsection (a) to read as
follows:
(a) The Authority shall be composed of 11 members as follows:
(1) the Governor, or in the event he is unable to attend a
meeting, the Director of the Office of Planning and Budget;
(2) the Director of the Financing and Investment Division
of the Georgia State Financing and Investment Commission;
(3) the Commissioner of the State Department of Commu-
nity Affairs; and
(4) eight public members.
No more than two public members shall be residents of the same
congressional district. At least two of the public members appointed
by the Governor shall reside outside of the Standard Metropolitan
Statistical Areas of the State. One of the public members shall be an
active family farmer. Two of the public members shall be affiliated
with eligible issuers of the mortgage-backed securities as defined in
Section 14 of the Georgia Secondary Market Corporation Act.
Public members shall serve for four-year terms, except as otherwise
provided by law. Such public members shall continue in office until
their successors have been appointed and qualified. In the event of a
vacancy in the office of a public member by death, resignation or
otherwise, the Governor shall appoint a successor to serve for the
balance of the unexpired term. The public members of the Georgia
Residential Finance Authority shall be subject to the code of ethics
covering members of boards, commissions and Authorities heretofore
adopted (Ga. Laws 1976, p. 344) and shall be subject to removal for
violation thereof in the same manner (Ga. Laws 1976, p. 344). Any
vacancy created by any such removal for cause shall be filled by the
Governor. The Authority shall elect a Chairman who shall be chief
executive officer of the Authority, and a Secretary. The members of
GEORGIA LAWS 1982 SESSION
1817
the Authority may appoint an Executive Director, who shall be a
person experienced in mortgage lending, home building or real estate
development. The Executive Director shall become an ex officio
nonvoting member of the Authority. The members shall employ such
technical and other personnel as may be necessary to the performance
of the powers and duties of the Authority. A majority of members
then in office shall constitute a quorum for the transaction of any
business and for the exercise of any power or function of the Author-
ity. No vacancy in the Authority shall impair the right of a quorum to
exercise all the rights and perform all the duties of the Authority.
Except for the issuance of debt, the Authority may delegate to one or
more of its members, the Executive Director, agent or agents, or
employees such power and duties as it may deem proper. The public
members of the Authority shall be compensated in the amount of $44
per day, plus actual expenses incurred, for each days service spent in
the performance of the duties of the Authority; provided, however,
such compensation shall be limited to 30 days during any one fiscal
year, unless one of the public members is elected Chairman, in which
event such compensation shall be limited to 100 days during any one
fiscal year. The permanent members shall be reimbursed for actual
expenses incurred in the performance of their duties under this Act.
Section 2. Said Act is further amended by adding a new
subsection (e) at the end of Section 5 to read as follows:
(e) (1) The authority shall maintain a system of accounts in
accordance with generally acceptable accounting procedures and
standard accounting procedures and systems established by the
state, where applicable.
(2) Funds derived from the operation of the authority shall
not be liable for any deficit, default, or failure of the Georgia
Secondary Market Corporation. Securities issued by the Georgia
Secondary Market Corporation are payable solely from the funds
provided for in the Georgia Secondary Market Corporation Act
and shall not constitute a debt or obligation to the authority.
(3) Personnel employed by the authority may be simulta-
neously employed by the Georgia Secondary Market Corporation;
provided, however, any such personnel simultaneously employed
shall properly allocate their individual salaries and expenses
between the authority and the Georgia Secondary Market Corpo-
ration.
1818
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. This Act shall be known and may be cited as the
Georgia Secondary Market Corporation Act.
Section 4. (a) The General Assembly finds and declares that
historically, Georgia has been a state in which the need for residential
mortgage funds has greatly exceeded the supply of such funds within
the state. A substantial portion of this deficit has been met in the
past by the sale by Georgia institutional lenders of residential mort-
gages to out-of-state sources, including federal mortgage finance
agencies, out-of-state institutional loan buyers, and the public capital
markets. In recent years, increasingly high interest rates have created
an acute shortage of mortgage funds from these traditional sources.
This shortage is inimical to the safety, health, and welfare of the
residents of this state and the sound growth of its communities. In
order to supply the need in Georgia for residential mortgage funds, it
is necessary to implement a public program to make Georgia residen-
tial mortgages more salable to sources of capital.
(b) The General Assembly declares that the purposes of this Act
are to establish secondary market facilities for home mortgages, to
provide that the operations thereof shall be financed by private
capital to the maximum extent feasible, and to authorize such facili-
ties to provide supplementary assistance to the secondary market for
home mortgages by providing a degree of liquidity for mortgage
investments, thereby improving the distribution of investment cap-
ital available for home mortgage financing; and to provide assistance
for the financing of home mortgages as a means of retarding or
stopping a decline in mortgage lending and home building activities
which materially threatens the stability of a high level state economy.
Section 5. As used in this Act, the term:
(1) Board means the board of directors of the corporation.
(2) Corporation means the Georgia Secondary Market
Corporation.
(3) Custodial agent means a bank or trust company
having trust powers having a place of business in Georgia and
authorized to do business in Georgia and designated as such by the
corporation.
GEORGIA LAWS 1982 SESSION
1819
(4) Default means default by an issuer of payment of a
security or performance of any of its obligations under a guaran-
tee.
(5) Eligible issuer or issuer means a mortgage lender
qualifying as an eligible issuer as provided in Section 19.
(6) Guarantee means a guarantee of the corporation
regarding securities entered into pursuant to Section 13.
(7) Mortgage means a mortgage, deed of trust, or deed to
secure debt covering a fee simple estate which is accompanied by a
promissory note, the holder of which is a mortgage lender.
(8) Mortgage capital certificates means the obligations of
the authority issued pursuant to Section 23 hereof.
(9) Mortgage lender means any bank or trust company,
savings and loan association, savings bank, insurance company, or
mortgage banker or mortgage broker authorized to deal in mort-
gages. Such mortgage lender shall have a place of business in
Georgia and shall be authorized to do business in Georgia.
(10) Mortgage pool or pool means a pool of mortgages
meeting, to the satisfaction of the corporation, the requirements
of Sections 16 and 17 exclusively pledged by an issuer for the
payment of securities.
(11) Securities means the straight pass-through securities
and modified pass-through securities described in subsection (a)
of Section 16 issued by issuers and secured by a mortgage.
Section 6. There is created the Georgia Secondary Market
Corporation. The corporation shall be an instrumentality of the State
of Georgia and a public corporation, and the exercise of the powers
conferred by this Act shall be deemed and held to be the performance
of an essential public function.
Section 7. (a) The corporation shall be governed and all of its
corporate powers, duties, and functions shall be exercised by a board
of directors. The board of directors shall be composed of 11 members,
who shall be the same persons who are serving and who shall serve as
members of the Georgia Residential Finance Authority pursuant to
1820
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5 of the Georgia Residential Finance Authority Act. The
executive director of the corporation, or president, if designated by
such title by the board of directors, shall be an ex officio nonvoting
member of the board of directors.
(b) The provisions of subsection (a) of Section 3 and Section 5 of
the Georgia Residential Finance Authority Act pertaining to the
authority are incorporated by reference into this subsection and shall
apply to the board of directors in the same manner as it fully sets out,
with conformable language, in this subsection. The board of directors
shall organize and conduct its affairs in accordance with such provi-
sions of law; provided, however:
(1) That nothing in this subsection shall be construed to
mean that the board of directors must elect the same persons to
serve as officers of the board of directors as are elected by the
board of directors of the authority to serve as officers of the board
of directors of the authority;
(2) That no person serving as a public member of the
authority and thereby as a director of the corporation shall receive
more than one days per diem, plus actual expenses incurred, for
one days service or portion thereof rendered to the state; and
(3) That the limitation as to the number of days during any
fiscal year that a per diem may be paid to a public member of the
authority shall be exclusive of services rendered by such person as
a director of the corporation.
(c) The Attorney General shall provide legal services for the
corporation and in connection therewith the provisions of an Act
providing that the Attorney General shall be vested with authority
and jurisdiction in matters of law relating to state authorities,
approved April 17,1969 (Ga. L. 1969, p. 484), shall be fully applicable.
Section 8. (a) The board of directors shall appoint an executive
director, or president, if designated by such title by the board of
directors, who shall be the chief administrative officer of the corpora-
tion and serve at the pleasure of the board.
(b) The board shall create any other offices within the corpora-
tion as it deems necessary for the operation of the corporation and
shall appoint qualified persons to fill any such offices created.
GEORGIA LAWS 1982 SESSION
1821
(c) Persons appointed under subsections (a) and (b) shall per-
form such executive functions, powers, and duties as may be pre-
scribed by the board under regulations and bylaws and shall be
considered executive officers of the corporation.
(d) The corporation may also employ technical experts and
other personnel as is necessary for the conduct of business of the
corporation.
(e) The executive director, officers, and other personnel autho-
rized to be employed by the corporation in this section, may also be
simultaneously employed by the Georgia Residential Finance
Authority; provided, however, that the salaries and expenses associ-
ated with any officer or employee simultaneously employed by the
corporation and the authority must be properly allocated between the
corporation and the Georgia Residential Finance Authority.
Section 9. The chief administrative officer shall prepare an
annual budget at least 90 days prior to the close of the fiscal year,
pursuant to his activities under this Act. The chairperson shall then
present it for adoption to the board of directors.
Section 10. The board shall authorize the guarantee or sale of
obligations or securities and shall approve other major contractual
agreements. Any other contractual agreements or debt obligations
may be approved by the chief administrative officer pursuant to
regulations of the board.
Section 11. (a) The corporation shall have power:
(1) To adopt, alter, and use a corporate seal, which shall be
judicially noticed;
(2) To enter into and perform contracts and all other instru-
ments necessary or convenient for the exercise of its powers and
functions under this Act on such terms as it may deem appropri-
ate, with the Georgia Residential Finance Authority, any govern-
ment agency, or with any person, firm, association, or corporation;
(3) To execute, in accordance with its bylaws, all instru-
ments necessary or appropriate in the exercise of any of its powers;
1822
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) To sue and to be sued in its corporate name and to
complain and defend in any state or federal court of competent
jurisdiction, but no attachment, injunction, or other similar pro-
cess shall be issued against the property of the corporation or
against the corporation with respect to its property;
(5) To lease, purchase, or acquire any property, and to sell,
for cash or credit, lease, or otherwise dispose of the same, at such
time and in such manner as and to the extent that it may deem
necessary or appropriate to procure insurance against any loss in
connection with its property and other assets, in such amounts
and from such insurers as it deems desirable;
(6) To borrow money and issue and guarantee payment of
principal and interest on securities as provided in this Act;
(7) To prescribe, repeal, and amend or modify rules, regula-
tions, bylaws, or requirements governing the manner in which its
general business may be conducted;
(8) To accept gifts or donations of services, or of property,
real, personal, or mixed, tangible or intangible, in aid of any of its
purposes;
(9) To borrow funds from the Georgia Residential Finance
Authority for the purpose of beginning operations, such loans to
be made at competitive rates of interest and repaid from funds
available for general corporate purposes; and
(10) To do all things as are necessary or incidental to the
proper management of its affairs and the proper conduct of its
business.
(b) The corporation shall have the power to select and appoint
or employ such officers, employees, and agents, to vest them with
such powers and duties, and to fix such compensation to them for
their services, as it may determine; and any such action shall be
without regard to the state civil service and classification laws.
Appointments, promotions, and separations so made shall be based
on merit and efficiency, and no political tests or qualification shall be
permitted or given consideration.
GEORGIA LAWS 1982 SESSION
1823
Section 12. The exercise of the powers specified in this Act will
be in all respects for the benefit of the people of the state, for their
well-being and prosperity, and for the improvement of their socioeco-
nomic conditions, and the corporation shall not be required to pay
any tax or assessment on any property owned by the corporation
under the provisions of this Act or upon the income therefrom.
Section 13. (a) The corporation is authorized to guarantee the
timely payment of principal and interest on such securities as shall be
based on and backed by a pool composed of mortgages meeting the
requirements of Section 16 of this Act. In the event the issuer is
unable to make any payment of principal or of interest on any
security guaranteed under this section, the corporation shall make
such payment as and when due in cash, and thereupon shall be
subrogated fully to the rights satisfied by such payment.
(b) Any other laws to the contrary notwithstanding, the corpora-
tion is empowered in connection with any guarantee under this
section, whether before or after any default, to provide by contract
with the issuer for the extinguishment, upon default by the issuer, of
any redemption, equitable or legal, or other right, title, or interest of
the issuer in any mortgage or mortgages constituting the pool against
which the guaranteed securities are issued and for the transfer of such
mortgage or mortgages to the corporation as the absolute property of
the corporation subject only to unsatisfied rights therein of the
holders of the securities.
(c) The guarantee provided under this section shall not consti-
tute a debt or obligation of the State of Georgia or any agency or
instrumentality thereof other than the corporation.
Section 14. (a) A mortgage lender shall be eligible to issue and
service mortgage-backed securities guaranteed by the corporation if
such mortgage lender qualifies as an eligible issuer. In order to
qualify as an eligible issuer, a mortgage lender must:
(1) Have adequate experience, management capability, and
facilities to issue and service mortgage-backed securities, as deter-
mined by the corporation;
(2) Be authorized to do business in the State of Georgia;
1824
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Own at all times, except as may otherwise be provided in
Section 21, mortgage capital certificates issued pursuant to Sec-
tion 23 with a total face amount equal to a minimum amount fixed
by the corporation; and
(4) Meet the requirements, conditions, and limitations
which may be imposed by the bylaws or regulations of the corpora-
tion.
(b) The corporation shall not make a commitment to guarantee,
or guarantee, pursuant to a commitment or otherwise, any issue of
mortgage-backed securities unless the mortgage lender requesting
such commitment or guarantee then qualifies as an eligible issuer.
(c) A mortgage lender shall not qualify as an eligible issuer at
any time in which the lending policies of the issuer permit any
discrimination based on race, religion, color, national origin, age, or
sex of a borrower.
(d) A mortgage lender shall qualify as an eligible issuer only so
long as it conducts its business operations in accordance with
accepted mortgage-lending practices, ethics, and standards, as deter-
mined by the corporation, and shall maintain its books and records in
accordance with generally accepted accounting principles.
(e) In the event that a mortgage lender which is qualified as an
eligible issuer should subsequently fail to comply with any of the
requirements prescribed in this section, the corporation may with-
hold further commitments to guarantee securities until such time as
the corporation is satisfied that the mortgage lender has resumed
business operations in compliance with such requirements.
(f) If any issuer, subsequent to the issuance of securities guaran-
teed by the corporation, should fail in a material way to be in
compliance with any of the requirements prescribed in this section or
in the guarantee agreement, the corporation may bring proceedings to
disqualify such issuer, in accordance with the following procedure:
The corporation shall serve the issuer, by hand delivery or by certified
or registered mail, with a written notice stating the facts incident to
such failure and setting forth such affirmative requirements as the
corporation may consider necessary to correct such failure in accord-
ance with such procedures as may be set forth in the guarantee
agreement.
GEORGIA LAWS 1982 SESSION
1825
Section 15. (a) Securities to be issued pursuant to the provi-
sions of this section may, at the option of the issuer, be of one of the
following types, but only one of such types may be issued against any
single pool of mortgages:
(1) Straight pass-through securities, which provide for the
payment by the issuer to the holders of a proportionate share of
the proceeds of principal and interest, as collected, on account of a
pool of mortgages, less servicing fees and other specified costs
approved by the corporation; and
(2) Modified pass-through securities, which provide for
such payment, whether or not collected, of both specified princi-
pal installments and a rate of interest on the unpaid principal
balance, with all prepayments being passed through to the holder.
(b) In the case of delinquent mortgages in a pool backing modi-
fied pass-through securities, the issuer is required to make advances if
necessary to maintain the specified schedule of interest and principal
payments to the holders, or at its option, at any time 90 days or more
after default of any such mortgage, the issuer may repurchase such
mortgage.
(c) Both straight pass-through and modified pass-through secu-
rities must specify the dates on which payments are to be made to the
holders thereof, and must indicate the accounting period for collec-
tions on the pools mortgages relating to each such payment, and the
securities must also specify a date on which the entire principal to be
collected will have been paid or will be payable.
(d) Each issue of securities must be in a minimum face amount
of $1 million, provided that in the case of modified pass-through
securities based on and backed by mortgages on mobile homes said
minimum face amount is $400,000.00. The total face amount of any
issue of securities cannot exceed the aggregate unpaid principal
balances of the mortgages in the pool.
(e) The face amount of any security cannot be less than
$25,000.00.
(f) Securities are transferable, but the share of the proceeds
collected on account of the pool of mortgages may not be payable to
more than one holder with respect to any security.
1826
GENERAL ACTS AND RESOLUTIONS, VOL. I
(g) The mortgages comprising a particular pool are not required
to have been originated by the same mortgage lender, so long as all
such mortgages are originated by eligible issuers.
Section 16. (a) Each issue of securities must be backed by a
separate pool of mortgages which:
(1) Are covered by policies of title insurance, hazard insur-
ance, and other types of insurance prescribed in regulations issued
by the corporation; and
(2) Meet such other standards of acceptability as may be
prescribed by the corporation.
(b) Any mortgage within a pool shall be replaced or repurchased
by the issuer if found defective by the corporation at any time prior to
four months after the date on which the corporation issues its
guarantee of the securities, and the documents pertaining to said
guarantee shall so provide.
Section 17. The corporation will not guarantee securities if the
pool proposed by the issuer does not satisfactorily provide for:
(1) Servicing of the mortgages in the pool;
(2) Timely payment of principal and interest, in accordance
with the terms of the securities;
(3) Notification to the corporation of an impending default,
on the part of the issuer, in adequate time for the corporation to
make timely payments on the securities;
(4) Delivery to a designated custodial agent satisfactory to
the corporation of the mortgage notes or other evidence of indebt-
edness secured by the mortgages in the pool and protection of the
corporation interest in all assets in the pool as collateral for its
guarantee; and
(5) All mortgages within a pool carry the same mortgage
interest rate.
Section 18. The issuer shall maintain fidelity bond coverage
acceptable and payable to the corporation that assures the faithful
performance of the fiduciary responsibilities of the issuer.
GEORGIA LAWS 1982 SESSION
1827
Section 19. (a) With respect to straight pass-through securities,
the corporation may guarantee the timely payment to the securi-
tyholder of the proceeds of principal and interest, as collected, as
undertaken in the corporations guarantee appearing on the face of
the security. With respect to modified pass-through securities, the
corporation may guarantee the timely payment, whether or not
collected, of the fixed rate of interest on the outstanding balance and
the specified principal installments, as undertaken in the corpora-
tions guarantee appearing on the face of the security. As to straight
pass-through securities, any failure or inability of the issuer to make
payments as due to the holders of the securities from the proceeds
from the pool of mortgages which have been collected, or because of
failure to make collections under reasonable and accepted standards
of mortgage servicing, shall constitute a default of the issuer. As to
modified pass-through securities, any failure or inability of the issuer
to make fixed or other payments as due as well as such other failures
as may be identified by the corporation and included in the guarantee
agreement, shall be deemed such a default.
(b) Upon any default by the issuer and payment under its
guarantee by the corporation, or any failure of the issuer to comply
with the terms of the guarantee agreement, the corporation may
institute a claim against the issuers fidelity bond, or may pursuant to
Section 13, extinguish all the right, title, or other interest of the issuer
and make the mortgages the absolute property of the corporation
subject only to unsatisfied rights therein of the holders of the securi-
ties, or the corporation may do both.
Section 20. The corporation shall establish a schedule of appli-
cation and guarantee fees, which may vary for straight pass-through
and modified pass-through issuances, and of such fees as it may
determine to be reasonable for the analysis of any trust or other
security arrangement proposed by the issuer. The corporation may
alter the schedule of fees as it reasonably deems appropriate. To
assure that to the maximum extent and as rapidly as possible the
corporation will become self-supporting, the schedule of fees should
be established according to sound business practices such that the
proceeds of such fees are sufficient to fund the corporations total
operating expenses, the guarantee of payment of principal and inter-
est on securities issued pursuant to this Act, and the repurchase and
retirement of outstanding mortgage capital certificates.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 21. Proceeds of fees charged under Section 20 shall be
applied to defray the operating expenses of the corporation. Remain-
ing proceeds shall be deposited in the Guarantee Reserve Fund
established pursuant to Section 28 of this Act. When the amount of
the Guarantee Reserve Fund equals or exceeds $5 million, or the
Minimum Guarantee Reserve Fund Requirement as defined in Sec-
tion 29 is sufficiently funded, whichever is greater, the additional
proceeds of fees shall be applied to the purchase of outstanding
mortgage capital certificates.
Section 22. The securities and mortgage capital certificates
guaranteed by the corporation pursuant to this Act shall be legal
investments in which all public officers and public bodies of this state,
its political subdivisions, all municipalities and municipal subdivi-
sions, all public and private pension or retirement funds, all insurance
companies and associations and other persons carrying on an insur-
ance business, all banks, bankers, banking institutions, including
savings and loan associations, building and loan associations, trust
companies, savings banks and savings associations, investment com-
panies, and other persons carrying on a banking business, credit
unions, industrial loan companies, all administrators, guardians,
executors, trustees, and other fiduciaries, and all other persons what-
soever who are now or may hereafter be authorized to invest in bonds
or in other obligations of the state, may properly and legally invest
funds, including capital, in their control or belonging to them. The
securities and mortgage capital certificates guaranteed by the corpo-
ration pursuant to this Act may be used by any such private financial
institution, person, or association as security for public deposits. The
securities and mortgage capital certificates guaranteed by the corpo-
ration pursuant to this Act are also made securities which may
properly and legally be deposited with and received by all public
officers and bodies of the state or any agency or political subdivision
of the state and all municipalities and public corporations for any
purpose for which the deposit of bonds or other obligations of the
state is now or may hereafter be authorized by law, including deposits
to secure public funds.
Section 23. (a) The corporation may issue obligations, mortgage
capital certificates, from time to time in an amount outstanding at
any one time sufficient to enable the corporation to carry out its
functions under this Act.
GEORGIA LAWS 1982 SESSION
1829
(b) Mortgage capital certificates shall mature not more than 20
years from their respective dates of issue, to be redeemable before
maturity at the option of the corporation at such price or prices as
may be determined by the corporation. The corporation is authorized
to purchase any of its mortgage capital certificates outstanding under
this section at any time and at any price.
(c) Mortgage capital certificates of each issue shall be dated,
bear interest at such rate, and shall have such other terms and
conditions as may be determined by the corporation.
(d) The corporation shall determine the form of the mortgage
capital certificates, including any interest coupons to be attached
thereto, and shall fix the denomination or denominations and the
place or places and medium of payment of principal and interest
thereof.
(e) All mortgage capital certificates shall be executed in the
name of the corporation by the chairman and secretary of the
corporation and shall be sealed with the official seal of the corpora-
tion or a facsimile thereof. Coupons shall be executed in the name of
the corporation by the chairman of the corporation. The facsimile
signature of either the chairman or the secretary of the corporation
may be imprinted in lieu of the manual signature if the corporation so
directs and the facsimile of the chairmans signature shall be used on
coupons. Mortgage capital certificates and interest coupons appurte-
nant thereto bearing the manual or facsimile signature of a person in
office at the time the signature was signed or imprinted shall be fully
valid notwithstanding the fact that before or after the delivery
thereof such person ceased to hold such office. The corporation also
may provide for the authentication of mortgage capital certificates by
a trustee or fiscal agent.
(f) All mortgage capital certificates shall have and are declared
to have all the qualities and incidents of negotiable instruments
under the negotiable instruments laws of the state including the
Uniform Commercial Code.
(g) The mortgage capital certificates may be issued in coupon or
in registered form, or both, as the corporation may determine, and
provision may be made for the registration of any coupon mortgage
capital certificate as to principal alone and also as to both principal
and interest.
1830
GENERAL ACTS AND RESOLUTIONS, VOL. I
(h) The corporation may sell such bonds at public or private sale
in such manner and for such price as it may determine to be for the
best interests of the corporation.
(i) Prior to the preparation of definitive mortgage capital certifi-
cates, the corporation may issue interim receipts, interim certificates,
or temporary mortgage capital certificates exchangeable for definitive
mortgage capital certificates upon the issuance of the latter. The
corporation may also provide for the replacement of any mortgage
capital certificate which shall become mutilated or destroyed or lost.
Such mortgage capital certificates may be issued without any other
proceedings or the happening of any other conditions or things than
those proceedings, conditions, and things which are specified or
required by this Act.
(j) The corporation is authorized to provide by resolution for the
issuance of refunding mortgage capital certificates of the corporation
for the purpose of refunding any mortgage capital certificates issued
under the provisions of this Act and then outstanding, together with
accrued interest thereon. The issuance of such refunding mortgage
capital certificates and all other details thereof, the rights of the
holders thereof, and the duties of the corporation in respect to the
same shall be governed by the foregoing provisions of this Act insofar
as the same may be applicable.
(k) Any resolution providing for the issuance of mortgage capital
certificates under the provisions of this Act shall become effective
immediately upon its adoption by a majority vote of the board and
need not be published or posted, and any such resolution may be
passed at any regular or special or adjourned meeting of the corpora-
tion by a majority of the board.
(l) All mortgage capital certificates shall be executed, confirmed,
and validated under, and in accordance with, an Act known as the
Revenue Bond Law, approved March 31,1937 (Ga. L. 1937, p. 761),
as amended, except as otherwise provided in this Act. The venue for
all validation proceedings pursuant to this Act shall be Fulton
County, and the Superior Court of Fulton County shall have exclusive
trial court jurisdiction over such proceedings. Mortgage capital certif-
icates issued shall have a certificate of validating bearing the facsimile
signature of the clerk of the Fulton County Superior Court stating the
date on which said bonds were validated and such entry shall be
original evidence of the fact of judgment and shall be received as
GEORGIA LAWS 1982 SESSION
1831
original evidence in any court in this state. The corporation shall
reimburse the district attorney for his actual costs associated with the
bond validation proceedings, if any. The fees payable to the clerk of
the Fulton County Superior Court for validation and confirmation
shall be as follows for each certificate, regardless of the denomination
of such certificate: $1.00 each for the first 100 certificates, 25$ for
each of the next 400 certificates, and 10$ each for each such certificate
over 500.
Section 24. The state pledges to and agrees with the holders of
any mortgage capital certificates issued under this Act that the state
will not limit or alter in any way materially detrimental to the portion
of such holders the powers of the corporation to fulfill the terms of
any agreements made with the holders thereof or in any way materi-
ally impair the rights and remedies of such holders until such
mortgage capital certificates, together with the interest thereon, with
interest on any unpaid installments of interest, and all costs and
expenses in connection with any action or proceeding by or on behalf
of such holders, are fully met and discharged. The corporation is
authorized to include this pledge and agreement of the state in any
agreement with the holders of such mortgage capital certificates.
Section 25. (a) No guarantee issued by the corporation under
the provisions of this Act or mortgage capital certificate issued under
the provisions of this Act shall be deemed to constitute a debt or
liability of the state or of any political subdivision thereof, other than
the corporation, or a pledge of the faith and credit of the state or of
any such political subdivision, other than the corporation, but shall
be payable solely from funds herein provided therefor. All such
mortgage capital certificates and securities evidencing the corpora-
tions guarantees and any prospectus or other printed representation
of the corporation concerning such mortgage capital certificates or
guarantees shall contain on the face thereof a statement to the
following effect: Neither the faith and credit or the taxing power of
the State of Georgia is pledged to the payment of the principal of or
interest on this security.
(b) The issuance of mortgage capital certificates and guarantees
by the corporation shall not directly or indirectly or contingently
obligate the state or any political subdivision thereof to levy or to
pledge any form of taxation whatever therefor or to make any
appropriation for their payment.
1832
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Nothing contained in this section shall prevent or be con-
strued to prevent the corporation from pledging its full faith and
credit to the payment of mortgage capital certificates or guarantees or
to issue the mortgage capital certificates or guarantees authorized
pursuant to this Act.
Section 26. Proceeds derived from the issuance of mortgage
capital certificates and any interest or other increment derived from
the investment thereof may be used for any of the purposes of the
corporation, including, but not limited to, operating costs, payments
into the Guarantee Reserve Fund, and other expenses.
Section 27. (a) The corporation shall create and establish the
Georgia Secondary Market Fund; provided, further, the corporation
shall create and establish a special account in the Georgia Secondary
Market Fund, which shall be known as the Guarantee Reserve
Fund and shall pay into the Guarantee Reserve Fund:
(1) Any proceeds from the sale of mortgage capital certifi-
cates to the extent such proceeds are not applied to the corpora-
tions operating costs;
(2) Moneys charged as fees by the corporation under Sec-
tion 20 to the extent such moneys are not applied to the corpora-
tions operating costs; and
(3) Any other moneys which the corporation may make
available for the purpose of the Guarantee Reserve Fund from any
other source or sources; provided, however, that payments into the
Guarantee Reserve Fund are not required by this section when-
ever the amount of the Guarantee Reserve Fund equals or exceeds
the Minimum Guarantee Reserve Fund Requirement.
(b) All moneys held in the Guarantee Reserve Fund, except as
otherwise provided in this section, shall be used, as required, solely
for the payment of principal and interest on securities guaranteed by
the corporation pursuant to this Act. Any income or interest earned
by, or increment to the Guarantee Reserve Fund due to the invest-
ment thereof may be transferred by the corporation to other funds or
accounts of the corporation to tbe extent such transfer does not
reduce the amount of the Guarantee Reserve Fund below the Mini-
mum Guarantee Reserve Fund Requirement.
GEORGIA LAWS 1982 SESSION
1833
(c) In computing the amount of the Guarantee Reserve Fund for
purposes of this section, securities in which all or a portion of the
Guarantee Reserve Fund is invested shall be valued at par if pur-
chased at par and shall be valued at amortized value, as such term is
defined by resolution of the corporation, if purchased at other than
par.
Section 28. (a) For each issue of securities guaranteed by the
corporation pursuant to this Act, the corporation shall determine
according to sound actuarial and business practices the amount, if
any, by which the Guarantee Reserve Fund should be increased to
ensure the continued payment of principal and interest on such
securities in the event of default by the issuer. This amount shall be
set forth in the resolution or resolutions of the corporation authoriz-
ing the guarantee of such issue of securities. As of any particular date
of computation, the total of such amounts for all outstanding securi-
ties guaranteed by the corporation shall be the Minimum Guarantee
Reserve Fund Requirement.
(b) The corporation shall not at any time guarantee the payment
of principal and interest on securities issued pursuant to this Act if,
upon issuance of the securities, the amount in the Guarantee Reserve
Fund will be less than the Minimum Guarantee Reserve Fund
Requirement.
Section 29. The corporation shall create and establish such
other accounts in the Georgia Secondary Market Fund as it may deem
necessary or desirable.
Section 30. Moneys of the corporation not invested in operating
facilities shall be kept in cash on hand or on deposit or invested in
obligations, participations, or other instruments which are lawful
investments for fiduciary, trust, or public funds.
Part 2
Section 31. Article 3 of Chapter 3 of Title 8 of the Official Code
of Georgia Annotated, relating to the residential finance authority, is
amended by striking the article designation and substituting in lieu
thereof the following:
1834
GENERAL ACTS AND RESOLUTIONS, VOL. I
ARTICLE 3
Part 1
Section 32. Said article is further amended by striking the words
this article wherever the same shall appear in Code Sections 8-3-
170,8-3-171,8-3-172, 8-3-174,8-3-176, 8-3-178,8-3-179,8-3-180, 8-3-
181, 8-3-182, 8-3-183, 8-3-184, and 8-3-186 in their entirety and
inserting in lieu thereof the words this part.
Section 33. Said article is further amended by striking Code
Section 8-3-174 in its entirety and substituting in lieu thereof a new
Code Section 8-3-174 to read as follows:
8-3-174. (a) The authority shall be composed of 11 members,
as follows:
(1) The Governor, or in the event he is unable to attend a
meeting, the director of the Office of Planning and Budget;
(2) The director of the Financing and Investment Division
of the Georgia State Financing and Investment Commission;
(3) The commissioner of community affairs; and
(4) Eight public members to be appointed by the Governor.
(b) No more than two public members shall be residents of the
same congressional district. At least two of the public members shall
reside outside of the standard metropolitan statistical areas of the
state. One of the public members shall be an active family farmer.
Two of the public members shall be affiliated with eligible issuers of
the mortgage-backed securities as defined in Code Section 8-3-192.1.
Public members shall serve four-year terms, except as otherwise
provided by law. Public members shall continue in office until their
successors have been appointed and have qualified. In the event of a
vacancy in the office of a public member by death, resignation, or
otherwise, the Governor shall appoint a successor to serve for the
balance of the unexpired term. The public members shall be subject
to the code of ethics covering members of boards, commissions, and
authorities as contained in Code Sections 45-10-3 through 45-10-5
and shall be subject to removal for violation of that code of ethics as
provided in those Code sections. Any vacancy created by any such
removal for cause shall be filled by the Governor.
GEORGIA LAWS 1982 SESSION
1835
(c) The authority shall elect a chairman and a secretary. A
majority of members in office shall constitute a quorum for the
transaction of any business and for the exercise of any power or
function of the authority. No vacancy in the authority shall impair
the right of a quorum to exercise all the rights and perform all the
duties of the authority.
(d) The members of the authority may appoint an executive
director, who shall be the chief administrative officer of the authority
and who shall be a person experienced in mortgage lending, home
building, or real estate development. The executive director shall be
an ex officio nonvoting member of the authority. The members shall
employ such technical and other personnel as may be necessary to the
performance of the powers and duties of the authority.
(e) Except for the issuance of debt, the authority may delegate
to one or more of its members, to the executive director, or to any
agent or employee such powers and duties as it may deem proper.
(f) The public members of the authority shall be compensated in
the amount of $44.00 per day, plus actual expenses incurred, for each
days service spent in the performance of the duties of the authority,
provided that such compensation shall be limited to 30 days during
any one fiscal year unless one of the public members is elected
chairman, in which event such compensation shall be limited to 100
days during any one fiscal year. The permanent members shall be
reimbursed for actual expenses incurred in the performance of their
duties under this part.
Section 34. Said article is further amended by adding a new
subsection (d) at the end of Code Section 8-3-175 to read as follows:
(d) (1) The authority shall maintain a system of accounts in
accordance with generally acceptable accounting procedures and
standard accounting procedures and systems established by the
state, where applicable.
(2) Funds derived from the operation of the authority shall
not be liable for any deficit, default, or failure of the Georgia
Secondary Market Corporation. Securities issued by the Georgia
Secondary Market Corporation are payable solely from the funds
provided for in Part 2 of Article 3 and shall not constitute a debt or
obligation to the authority.
1836
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Personnel employed by the authority may be simulta-
neously employed by the Georgia Secondary Market Corporation;
provided, however, any such personnel simultaneously employed
shall properly allocate their individual salaries and expenses
between the authority and the Georgia Secondary Market Corpo-
ration.
Section 35. Said article is further amended by renumbering
paragraph (25) of Code Section 8-3-176 as paragraph (27) and by
adding two new paragraphs at the end of said Code section, to be
numbered paragraphs (25) and (26), to read as follows:
(25) To loan funds to the Georgia Secondary Market Corpora-
tion for the purpose of allowing said corporation to begin operations,
such loans to be made at competitive rates of interest and repaid by
said corporation from whatever funds become available to said corpo-
ration for general corporate purposes;
(26) To enter into contracts, leases, or agreements with the board
of directors of the Georgia Secondary Market Corporation which are
necessary to allow the authority to provide personnel services, office
space, computer services, equipment, materials, and any other ser-
vices for the Georgia Secondary Market Corporation as the authority
deems desirable;.
Section 36. Said article is further amended by adding a new Part
2 immediately following Part 1 to read as follows:
Part 2
Subpart 1
8-3-190. This part shall be known and may be cited as the
Georgia Secondary Market Corporation Act.
8-3-190.1. (a) The General Assembly finds and declares that
historically, Georgia has been a state in which the need for residential
mortgage funds has greatly exceeded the supply of such funds within
the state. A substantial portion of this deficit has been met in the
past by the sale by Georgia institutional lenders of residential mort-
gages to out-of-state sources, including federal mortgage finance
agencies, out-of-state institutional loan buyers, and the public capital
markets. In recent years, increasingly high interest rates have created
an acute shortage of mortgage funds from these traditional sources.
GEORGIA LAWS 1982 SESSION
1837
This shortage is inimical to the safety, health, and welfare of the
residents of this state and the sound growth of its communities. In
order to supply the need in Georgia for residential mortgage funds, it
is necessary to implement a public program to make Georgia residen-
tial mortgages more salable to sources of capital.
(b) The General Assembly declares that the purposes of this
part are to establish secondary market facilities for home mortgages,
to provide that the operations thereof shall be financed by private
capital to the maximum extent feasible, and to authorize such facili-
ties to provide supplementary assistance to the secondary market for
home mortgages by providing a degree of liquidity for mortgage
investments, thereby improving the distribution of investment cap-
ital available for home mortgage financing; and to provide assistance
for the financing of home mortgages as a means of retarding or
stopping a decline in mortgage lending and home building activities
which materially threatens the stability of a high level state economy.
8-3-190.2. As used in this part, the term:
(1) Board means the board of directors of the corporation.
(2) Corporation means the Georgia Secondary Market
Corporation.
(3) Custodial agent means a bank or trust company having
trust powers having a place of business in Georgia and authorized
to do business in Georgia and designated as such by the corpora-
tion.
(4) Default means default by an issuer of payment of a
security or performance of any of its obligations under a guaran-
tee.
(5) Eligible issuer or issuer means a mortgage lender
qualifying as an eligible issuer as provided in Code Section 8-3-
192.6.
(6) Guarantee means a guarantee of the corporation
regarding securities entered into pursuant to Code Section 8-3-
192.
1838
GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) Mortgage means a mortgage, deed of trust, or deed to
secure debt covering a fee simple estate which is accompanied by a
promissory note, the holder of which is a mortgage lender.
(8) Mortgage capital certificates means the obligations of
the authority issued pursuant to Code Section 8-3-193 hereof.
(9) Mortgage lender means any bank or trust company,
savings and loan association, savings bank, insurance company, or
mortgage banker or mortgage broker authorized to deal in mort-
gages. Such mortgage lender shall have a place of business in
Georgia and shall be authorized to do business in Georgia.
(10) Mortgage pool or pool means a pool of mortgages
meeting, to the satisfaction of the corporation, the requirements
of Code Sections 8-3-192.3 and 8-3-192.4 exclusively pledged by an
issuer for the payment of securities.
(11) Securities means the straight pass-through securities
and modified pass-through securities described in subsection (a)
of Code Section 8-3-192.3 issued by issuers and secured by a
mortgage.
Subpart 2
8-3-191. There is created the Georgia Secondary Market Corpo-
ration. The corporation shall be an instrumentality of the State of
Georgia and a public corporation, and the exercise of the powers
conferred by this part shall be deemed and held to be the performance
of an essential public function.
8-3-191.1. (a) The corporation shall be governed and all of its
corporate powers, duties, and functions shall be exercised by a board
of directors. The board of directors shall be composed of 11 members,
who shall be the same persons who are serving and who shall serve as
members of the Georgia Residential Finance Authority pursuant to
Code Section 8-3-174. The executive director of the corporation, or
president, if designated by such title by the board of directors, shall
be an ex officio nonvoting member of the board of directors.
(b) The provisions of Code Section 8-3-174 pertaining to the
authority are incorporated by reference into this subsection and shall
apply to the board of directors in the same manner as it fully sets out,
GEORGIA LAWS 1982 SESSION
1839
with conformable language, in this subsection. The board of directors
shall organize and conduct its affairs in accordance with such provi-
sions of law; provided, however:
(1) That nothing in this subsection shall be construed to
mean that the board of directors must elect the same persons to
serve as officers of the board of directors as are elected by the
board of directors of the authority to serve as officers of the board
of directors of the authority;
(2) That no person serving as a public member of the
authority and thereby as a director of the corporation shall receive
more than one days per diem, plus actual expenses incurred, for
one days service or portion thereof rendered to the state; and
(3) That the limitation as to the number of days during any
fiscal year that a per diem may be paid to a public member of the
authority shall be exclusive of services rendered by such person as
a director of the corporation.
(c) The Attorney General shall provide legal services for the
corporation and in connection therewith Code Sections 45-15-13
through 45-15-16 shall be fully applicable.
8-3-191.2. (a) The board of directors shall appoint an executive
director, or president, if designated by such title by the board of
directors, who shall be the chief administrative officer of the corpora-
tion and serve at the pleasure of the board.
(b) The board shall create any other offices within the corpora-
tion as it deems necessary for the operation of the corporation and
shall appoint qualified persons to fill any such offices created.
(c) Persons appointed under subsections (a) and (b) shall per-
form such executive functions, powers, and duties as may be pre-
scribed by the board under regulations and bylaws and shall be
considered executive officers of the corporation.
(d) The corporation may also employ technical experts and
other personnel as is necessary for the conduct of business of the
corporation.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) The executive director, officers, and other personnel autho-
rized to be employed by the corporation in this Code section, may also
be simultaneously employed by the Georgia Residential Finance
Authority; provided, however, that the salaries and expenses associ-
ated with any officer or employee simultaneously employed by the
corporation and the authority must be properly allocated between the
corporation and the Georgia Residential Finance Authority.
8-3-191.3. The chief administrative officer shall prepare an
annual budget at least 90 days prior to the close of the fiscal year,
pursuant to his activities under this part. The chairperson shall then
present it for adoption to the board of directors.
8-3-191.4. The board shall authorize the guarantee or sale of
obligations or securities and shall approve other major contractual
agreements. Any other contractual agreements or debt obligations
may be approved by the chief administrative officer pursuant to
regulations of the board.
8-3-191.5. (a) The corporation shall have power:
(1) To adopt, alter, and use a corporate seal, which shall be
judicially noticed;
(2) To enter into and perform contracts and all other instru-
ments necessary or convenient for the exercise of its powers and
functions under this part on such terms as it may deem appropri-
ate, with the Georgia Residential Finance Authority, any govern-
ment agency, or with any person, firm, association, or corporation;
(3) To execute, in accordance with its bylaws, all instru-
ments necessary or appropriate in the exercise of any of its powers;
(4) To sue and to be sued in its corporate name and to
complain and defend in any state or federal court of competent
jurisdiction, but no attachment, injunction, or other similar pro-
cess shall be issued against the property of the corporation or
against the corporation with respect to its property;
(5) To lease, purchase, or acquire any property, and to sell,
for cash or credit, lease, or otherwise dispose of the same, at such
time and in such manner as and to the extent that it may deem
necessary or appropriate to procure insurance against any loss in
GEORGIA LAWS 1982 SESSION
1841
connection with its property and other assets, in such amounts
and from such insurers as it deems desirable;
(6) To borrow money and issue and guarantee payment of
principal and interest on securities as provided in this part;
(7) To prescribe, repeal, and amend or modify rules, regula-
tions, bylaws, or requirements governing the manner in which its
general business may be conducted;
(8) To accept gifts or donations of services, or of property,
real, personal, or mixed, tangible or intangible, in aid of any of its
purposes;
(9) To borrow funds from the Georgia Residential Finance
Authority for the purpose of beginning operations, such loans to
be made at competitive rates of interest and repaid from funds
available for general corporate purposes; and
(10) To do all things as are necessary or incidental to the
proper management of its affairs and the proper conduct of its
business.
(b) The corporation shall have the power to select and appoint
or employ such officers, employees, and agents, to vest them with
such powers and duties, and to fix such compensation to them for
their services, as it may determine; and any such action shall be
without regard to the state civil service and classification laws.
Appointments, promotions, and separations so made shall be based
on merit and efficiency, and no political tests or qualification shall be
permitted or given consideration.
8-3-191.6. The exercise of the powers specified in this part will
be in all respects for the benefit of the people of the state, for their
well-being and prosperity, and for the improvement of their socioeco-
nomic conditions, and the corporation shall not be required to pay
any tax or assessment on any property owned by the corporation
under the provisions of this part or upon the income therefrom.
Subpart 3
8-3-192. (a) The corporation is authorized to guarantee the
timely payment of principal and interest on such securities as shall be
1842
GENERAL ACTS AND RESOLUTIONS, VOL. I
based on and backed by a pool composed of mortgages meeting the
requirements of Code Section 8-3-192.3 of this part. In the event the
issuer is unable to make any payment of principal or of interest on any
security guaranteed under this Code section, the corporation shall
make such payment as and when due in cash, and thereupon shall be
subrogated fully to the rights satisfied by such payment.
(b) Any other laws to the contrary notwithstanding, the corpora-
tion is empowered in connection with any guarantee under this Code
section, whether before or after any default, to provide by contract
with the issuer for the extinguishment, upon default by the issuer, of
any redemption, equitable or legal, or other right, title, or interest of
the issuer in any mortgage or mortgages constituting the pool against
which the guaranteed securities are issued and for the transfer of such
mortgage or mortgages to the corporation as the absolute property of
the corporation subject only to unsatisfied rights therein of the
holders of the securities.
(c) The guarantee provided under this Code section shall not
constitute a debt or obligation of the State of Georgia or any agency or
instrumentality thereof other than the corporation.
8-3-192.1. (a) A mortgage lender shall be eligible to issue and
service mortgage-backed securities guaranteed by the corporation if
such mortgage lender qualifies as an eligible issuer. In order to
qualify as an eligible issuer, a mortgage lender must:
(1) Have adequate experience, management capability, and
facilities to issue and service mortgage-backed securities, as deter-
mined by the corporation;
(2) Be authorized to do business in the State of Georgia;
(3) Own at all times, except as may otherwise be provided in
Code Section 8-3-192.8, mortgage capital certificates issued pur-
suant to Code Section 8-3-193 with a total face amount equal to a
minimum amount fixed by the corporation; and
(4) Meet the requirements, conditions, and limitations
which may be imposed by the bylaws or regulations of the corpora-
tion.
GEORGIA LAWS 1982 SESSION
1843
(b) The corporation shall not make a commitment to guarantee,
or guarantee, pursuant to a commitment or otherwise, any issue of
mortgage-backed securities unless the mortgage lender requesting
such commitment or guarantee then qualifies as an eligible issuer.
(c) A mortgage lender shall not qualify as an eligible issuer at
any time in which the lending policies of the issuer permit any
discrimination based on race, religion, color, national origin, age, or
sex of a borrower.
(d) A mortgage lender shall qualify as an eligible issuer only so
long as it conducts its business operations in accordance with
accepted mortgage-lending practices, ethics, and standards, as deter-
mined by the corporation, and shall maintain its books and records in
accordance with generally accepted accounting principles.
(e) In the event that a mortgage lender which is qualified as an
eligible issuer should subsequently fail to comply with any of the
requirements prescribed in this Code section, the corporation may
withhold further commitments to guarantee securities until such time
as the corporation is satisfied that the mortgage lender has resumed
business operations in compliance with such requirements.
(f) If any issuer, subsequent to the issuance of securities guaran-
teed by the corporation, should fail in a material way to be in
compliance with any of the requirements prescribed in this Code
section or in the guarantee agreement, the corporation may bring
proceedings to disqualify such issuer, in accordance with the follow-
ing procedure: The corporation shall serve the issuer, by hand
delivery or by certified or registered mail, with a written notice
stating the facts incident to such failure and setting forth such
affirmative requirements as the corporation may consider necessary
to correct such failure in accordance with such procedures as may be
set forth in the guarantee agreement.
8-3-192.2. (a) Securities to be issued pursuant to the provi-
sions of this Code section may, at the option of the issuer, be of one of
the following types, but only one of such types may be issued against
any single pool of mortgages:
(1) Straight pass-through securities, which provide for the
payment by the issuer to the holders of a proportionate share of
the proceeds of principal and interest, as collected, on account of a
1844
GENERAL ACTS AND RESOLUTIONS, VOL. I
pool of mortgages, less servicing fees and other specified costs
approved by the corporation; and
(2) Modified pass-through securities, which provide for
such payment, whether or not collected, of both specified princi-
pal installments and a rate of interest on the unpaid principal
balance, with all prepayments being passed through to the holder.
(b) In the case of delinquent mortgages in a pool backing modi-
fied pass-through securities, the issuer is required to make advances if
necessary to maintain the specified schedule of interest and principal
payments to the holders, or at its option, at any time 90 days or more
after default of any such mortgage, the issuer may repurchase such
mortgage.
(c) Both straight pass-through and modified pass-through secu-
rities must specify the dates on which payments are to be made to the
holders thereof, and must indicate the accounting period for collec-
tions on the pools mortgages relating to each such payment, and the
securities must also specify a date on which the entire principal to be
collected will have been paid or will be payable.
(d) Each issue of securities must be in a minimum face amount
of $1 million, provided that in the case of modified pass-through
securities based on and backed by mortgages on mobile homes said
minimum face amount is $400,000.00. The total face amount of any
issue of securities cannot exceed the aggregate unpaid principal
balances of the mortgages in the pool.
(e) The face amount of any security cannot be less than
$25,000.00.
(f) Securities are transferable, but the share of the proceeds
collected on account of the pool of mortgages may not be payable to
more than one holder with respect to any security.
(g) The mortgages comprising a particular pool are not required
to have been originated by the same mortgage lender, so long as all
such mortgages are originated by eligible issuers.
8-3-192.3. (a) Each issue of securities must be backed by a
separate pool of mortgages which:
GEORGIA LAWS 1982 SESSION
1845
(1) Are covered by policies of title insurance, hazard insur-
ance, and other types of insurance prescribed in regulations issued
by the corporation; and
(2) Meet such other standards of acceptability as may be
prescribed by the corporation.
(b) Any mortgage within a pool shall be replaced or repurchased
by the issuer if found defective by the corporation at any time prior to
four months after the date on which the corporation issues its
guarantee of the securities, and the documents pertaining to said
guarantee shall so provide.
8-3-192.4. The corporation will not guarantee securities if the
pool proposed by the issuer does not satisfactorily provide for:
(1) Servicing of the mortgages in the pool;
(2) Timely payment of principal and interest, in accordance
with the terms of the securities;
(3) Notification to the corporation of an impending default,
on the part of the issuer, in adequate time for the corporation to
make timely payments on the securities;
(4) Delivery to a designated custodial agent satisfactory to
the corporation of the mortgage notes or other evidence of indebt-
edness secured by the mortgages in the pool and protection of the
corporation interest in all assets in the pool as collateral for its
guarantee; and
(5) All mortgages within a pool carry the same mortgage
interest rate.
8-3-192.5. The issuer shall maintain fidelity bond coverage
acceptable and payable to the corporation that assures the faithful
performance of the fiduciary responsibilities of the issuer.
8-3-192.6. (a) With respect to straight pass-through securities,
the corporation may guarantee the timely payment to the securi-
tyholder of the proceeds of principal and interest, as collected, as
undertaken in the corporations guarantee appearing on the face of
the security. With respect to modified pass-through securities, the
1846
GENERAL ACTS AND RESOLUTIONS, VOL. I
corporation may guarantee the timely payment, whether or not
collected, of the fixed rate of interest on the outstanding balance and
the specified principal installments, as undertaken in the corpora-
tions guarantee appearing on the face of the security. As to straight
pass-through securities, any failure or inability of the issuer to make
payments as due to the holders of the securities from the proceeds
from the pool of mortgages which have been collected, or because of
failure to make collections under reasonable and accepted standards
of mortgage servicing, shall constitute a default of the issuer. As to
modified pass-through securities, any failure or inability of the issuer
to make fixed or other payments as due as well as such other failures
as may be identified by the corporation and included in the guarantee
agreement, shall be deemed such a default.
(b) Upon any default by the issuer and payment under its
guarantee by the corporation, or any failure of the issuer to comply
with the terms of the guarantee agreement, the corporation may
institute a claim against the issuers fidelity bond, or may pursuant to
Code Section 8-3-192, extinguish all the right, title, or other interest
of the issuer and make the mortgages the absolute property of the
corporation subject only to unsatisfied rights therein of the holders of
the securities, or the corporation may do both.
8-3-192.7. The corporation shall establish a schedule of applica-
tion and guarantee fees, which may vary for straight pass-through
and modified pass-through issuances, and of such fees as it may
determine to be reasonable for the analysis of any trust or other
security arrangement proposed by the issuer. The corporation may
alter the schedule of fees as it reasonably deems appropriate. To
assure that to the maximum extent and as rapidly as possible the
corporation will become self-supporting, the schedule of fees should
be established according to sound business practices such that the
proceeds of such fees are sufficient to fund the corporations total
operating expenses, the guarantee of payment of principal and inter-
est on securities issued pursuant to this part, and the repurchase and
retirement of outstanding mortgage capital certificates.
8-3-192.8. Proceeds of fees charged under Code Section 8-3-
192.7 shall be applied to defray the operating expenses of the corpora-
tion. Remaining proceeds shall be deposited in the Guarantee
Reserve Fund established pursuant to Code Section 8-3-193.5 of this
part. When the amount of the Guarantee Reserve Fund equals or
exceeds $5 million, or the Minimum Guarantee Reserve Fund
GEORGIA LAWS 1982 SESSION
1847
Requirement as defined in Code Section 8-3-193.6 is sufficiently
funded, whichever is greater, the additional proceeds of fees shall be
applied to the purchase of outstanding mortgage capital certificates.
8-3-192.9. The securities and mortgage capital certificates guar-
anteed by the corporation pursuant to this part shall be legal invest-
ments in which all public officers and public bodies of this state, its
political subdivisions, all municipalities and municipal subdivisions,
all public and private pension or retirement funds, all insurance
companies and associations and other persons carrying on an insur-
ance business, all banks, bankers, banking institutions, including
savings and loan associations, building and loan associations, trust
companies, savings banks and savings associations, investment com-
panies, and other persons carrying on a banking business, credit
unions, industrial loan companies, all administrators, guardians,
executors, trustees, and other fiduciaries, and all other persons what-
soever who are now or may hereafter be authorized to invest in bonds
or in other obligations of the state, may properly and legally invest
funds, including capital, in their control or belonging to them. The
securities and mortgage capital certificates guaranteed by the corpo-
ration pursuant to this part may be used by any such private financial
institution, person, or association as security for public deposits. The
securities and mortgage capital certificates guaranteed by the corpo-
ration pursuant to this part are also made securities which may
properly and legally be deposited with and received by all public
officers and bodies of the state or any agency or political subdivision
of the state and all municipalities and public corporations for any
purpose for which the deposit of bonds or other obligations of the
state is now or may hereafter be authorized by law, including deposits
to secure public funds.
Subpart 4
8-3-193. (a) The corporation may issue obligations, mortgage
capital certificates, from time to time in an amount outstanding at
any one time sufficient to enable the corporation to carry out its
functions under this part.
(b) Mortgage capital certificates shall mature not more than 20
years from their respective dates of issue, to be redeemable before
maturity at the option of the corporation at such price or prices as
may be determined by the corporation. The corporation is authorized
to purchase any of its mortgage capital certificates outstanding under
this section at any time and at any price.
1848
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Mortgage capital certificates of each issue shall be dated,
bear interest at such rate, and shall have such other terms and
conditions as may be determined by the corporation.
(d) The corporation shall determine the form of the mortgage
capital certificates, including any interest coupons to be attached
thereto, and shall fix the denomination or denominations and the
place or places and medium of payment of principal and interest
thereof.
(e) All mortgage capital certificates shall be executed in the
name of the corporation by the chairman and secretary of the
corporation and shall be sealed with the official seal of the corpora-
tion or a facsimile thereof. Coupons shall be executed in the name of
the corporation by the chairman of the corporation. The facsimile
signature of either the chairman or the secretary of the corporation
may be imprinted in lieu of the manual signature if the corporation so
directs and the facsimile of the chairmans signature shall be used on
coupons. Mortgage capital certificates and interest coupons appurte-
nant thereto bearing the manual or facsimile signature of a person in
office at the time the signature was signed or imprinted shall be fully
valid notwithstanding the fact that before or after the delivery
thereof such person ceased to hold such office. The corporation also
may provide for the authentication of mortgage capital certificates by
a trustee or fiscal agent.
(f) All mortgage capital certificates shall have and are declared
to have all the qualities and incidents of negotiable instruments
under the negotiable instruments laws of the state including the
Uniform Commercial Code.
(g) The mortgage capital certificates may be issued in coupon or
in registered form, or both, as the corporation may determine, and
provision may be made for the registration of any coupon mortgage
capital certificate as to principal alone and also as to both principal
and interest.
(h) The corporation may sell such bonds at public or private sale
in such manner and for such price as it may determine to be for the
best interests of the corporation.
(i) Prior to the preparation of definitive mortgage capital certifi-
cates, the corporation may issue interim receipts, interim certificates,
GEORGIA LAWS 1982 SESSION
1849
or temporary mortgage capital certificates exchangeable for definitive
mortgage capital certificates upon the issuance of the latter. The
corporation may also provide for the replacement of any mortgage
capital certificate which shall become mutilated or destroyed or lost.
Such mortgage capital certificates may be issued without any other
proceedings or the happening of any other conditions or things than
those proceedings, conditions, and things which are specified or
required by this part.
(j) The corporation is authorized to provide by resolution for the
issuance of refunding mortgage capital certificates of the corporation
for the purpose of refunding any mortgage capital certificates issued
under the provisions of this part and then outstanding, together with
accrued interest thereon. The issuance of such refunding mortgage
capital certificates and all other details thereof, the rights of the
holders thereof, and the duties of the corporation in respect to the
same shall be governed by the foregoing provisions of this part insofar
as the same may be applicable.
(k) Any resolution providing for the issuance of mortgage capital
certificates under the provisions of this part shall become effective
immediately upon its adoption by a majority vote of the board and
need not be published or posted, and any such resolution may be
passed at any regular or special or adjourned meeting of the corpora-
tion by a majority of the board.
(l) All mortgage capital certificates shall be executed, confirmed,
and validated under, and in accordance with, Article 3 of Title 36,
known as the Revenue Bond Law, except as otherwise provided in
this part. The venue for all validation proceedings pursuant to this
part shall be Fulton County, and the Superior Court of Fulton County
shall have exclusive trial court jurisdiction over such proceedings.
Mortgage capital certificates issued shall have a certificate of validat-
ing bearing the facsimile signature of the clerk of the Fulton County
Superior Court stating the date on which said bonds were validated
and such entry shall be original evidence of the fact of judgment and
shall be received as original evidence in any court in this state. The
corporation shall reimburse the district attorney for his actual costs
associated with the bond validation proceedings, if any. The fees
payable to the clerk of the Fulton County Superior Court for valida-
tion and confirmation shall be as follows for each certificate, regard-
less of the denomination of such certificate: $1.00 each for the first
100 certificates, 25<t for each of the next 400 certificates, and IOC each
for each such certificate over 500.
1850
GENERAL ACTS AND RESOLUTIONS, VOL. I
8-3-193.1. The state pledges to and agrees with the holders of
any mortgage capital certificates issued under this part that the state
will not limit or alter in any way materially detrimental to the portion
of such holders the powers of the corporation to fulfill the terms of
any agreements made with the holders thereof or in any way materi-
ally impair the rights and remedies of such holders until such
mortgage capital certificates, together with the interest thereon, with
interest on any unpaid installments of interest, and all costs and
expenses in connection with any action or proceeding by or on behalf
of such holders, are fully met and discharged. The corporation is
authorized to include this pledge and agreement of the state in any
agreement with the holders of such mortgage capital certificates.
8-3-193.2. (a) No guarantee issued by the corporation under
the provisions of this part or mortgage capital certificate issued under
the provisions of this part shall be deemed to constitute a debt or
liability of the state or of any political subdivision thereof, other than
the corporation, or a pledge of the faith and credit of the state or of
any such political subdivision, other than the corporation, but shall
be payable solely from funds herein provided therefor. All such
mortgage capital certificates and securities evidencing the corpora-
tions guarantees and any prospectus or other printed representation
of the corporation concerning such mortgage capital certificates or
guarantees shall contain on the face thereof a statement to the
following effect: Neither the faith and credit or the taxing power of
the State of Georgia is pledged to the payment of the principal of or
interest on this security.
(b) The issuance of mortgage capital certificates and guarantees
by the corporation shall not directly or indirectly or contingently
obligate the state or any political subdivision thereof to levy or to
pledge any form of taxation whatever therefor or to make any
appropriation for their payment.
(c) Nothing contained in this Code section shall prevent or be
construed to prevent the corporation from pledging its full faith and
credit to the payment of mortgage capital certificates or guarantees or
to issue the mortgage capital certificates or guarantees authorized
pursuant to this part.
8-3-193.3. Proceeds derived from the issuance of mortgage cap-
ital certificates and any interest or other increment derived from the
investment thereof may be used for any of the purposes of the
GEORGIA LAWS 1982 SESSION
1851
corporation, including, but not limited to, operating costs, payments
into the Guarantee Reserve Fund, and other expenses.
8-3-193.4. (a) The corporation shall create and establish the
Georgia Secondary Market Fund; provided, further, the corporation
shall create and establish a special account in the Georgia Secondary
Market Fund, which shall be known as the Guarantee Reserve Fund
and shall pay into the Guarantee Reserve Fund:
(1) Any proceeds from the sale of mortgage capital certifi-
cates to the extent such proceeds are not applied to the corpora-
tions operating costs;
(2) Moneys charged as fees by the corporation under Code
Section 8-3-192.7 to the extent such moneys are not applied to the
corporations operating costs; and
(3) Any other moneys which the corporation may make
available for the purpose of the Guarantee Reserve Fund from any
other source or sources; provided, however, that payments into the
Guarantee Reserve Fund are not required by this Code section
whenever the amount of the Guarantee Reserve Fund equals or
exceeds the Minimum Guarantee Reserve Fund Requirement.
(b) All moneys held in the Guarantee Reserve Fund, except as
otherwise provided in this Code section, shall be used, as required,
solely for the payment of principal and interest on securities guaran-
teed by the corporation pursuant to this part. Any income or interest
earned by, or increment to the Guarantee Reserve Fund due to the
investment thereof may be transferred by the corporation to other
funds or accounts of the corporation to the extent such transfer does
not reduce the amount of the Guarantee Reserve Fund below the
Minimum Guarantee Reserve Fund Requirement.
(c) In computing the amount of the Guarantee Reserve Fund for
purposes of this Code section, securities in which all or a portion of
the Guarantee Reserve Fund is invested shall be valued at par if
purchased at par and shall be valued at amortized value, as such term
is defined by resolution of the corporation, if purchased at other than
par.
8-3-193.5. (a) For each issue of securities guaranteed by the
corporation pursuant to this part, the corporation shall determine
1852
GENERAL ACTS AND RESOLUTIONS, VOL. I
according to sound actuarial and business practices the amount, if
any, by which the Guarantee Reserve Fund should be increased to
ensure the continued payment of principal and interest on such
securities in the event of default by the issuer. This amount shall be
set forth in the resolution or resolutions of the corporation authoriz-
ing the guarantee of such issue of securities. As of any particular date
of computation, the total of such amounts for all outstanding securi-
ties guaranteed by the corporation shall be the Minimum Guarantee
Reserve Fund Requirement.
(b) The corporation shall not at any time guarantee the payment
of principal and interest on securities issued pursuant to this part if,
upon issuance of the securities, the amount in the Guarantee Reserve
Fund will be less than the Minimum Guarantee Reserve Fund
Requirement.
8-3-193.6. The corporation shall create and establish such other
accounts in the Georgia Secondary Market Fund as it may deem
necessary or desirable.
8-3-193.7. Moneys of the corporation not invested in operating
facilities shall be kept in cash on hand or on deposit or invested in
obligations, participations, or other instruments which are lawful
investments for fiduciary, trust, or public funds.
Part 3
Section 37. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
1853
Section 38. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 20,1982.
FEES FOR COLLECTING SCHOOL TAXES IN
CERTAIN COUNTIES (350,000 - 500,000).
Code Sections 91A-1705, 48-5-404 Amended.
No. 1507 (House Bill No. 1773).
AN ACT
To amend Code Section 91A-1705, relating to the collection of
school taxes by tax commissioners or tax collectors and commissions
thereon, so as to change the provisions relating to commissions for the
collection of school taxes in all counties of this state having a
population of not less than 350,000 nor more than 500,000 according
to the United States decennial census of 1980 or any future such
census; to amend the Official Code of Georgia Annotated accordingly;
to provide effective dates; to provide for specific repeal; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 91A-1705, relating to the collection of
school taxes by tax commissioners or tax collectors and commissions
thereon, is amended by adding at the end thereof a new subsection (c)
to read as follows:
(c) In all counties of this state having a population of not less
than 350,000 nor more than 500,000 according to the United States
decennial census of 1980 or any future such census, the tax commis-
sioner or tax collector shall remit all education funds collected by said
1854
GENERAL ACTS AND RESOLUTIONS, VOL. I
officer to the board of education of the county except 1.9 percent of
the funds collected which shall be retained by the tax commissioner
or tax collector if the officer is on a fee basis or remitted to the
governing authority of the county if the officer is on a salary basis of
compensation.
Part 2
Section 2. Code Section 48-5-404 of the Official Code of Georgia
Annotated, relating to the collection of school taxes by tax commis-
sioners or tax collectors and commissions thereon, is amended by
adding at the end thereof a new subsection (c) to read as follows:
(c) In all counties of this state having a population of not less
than 350,000 nor more than 500,000 according to the United States
decennial census of 1980 or any future such census, the tax commis-
sioner or tax collector shall remit all education funds collected by said
officer to the board of education of the county except 1.9 percent of
the funds collected which shall be retained by the tax commissioner
or tax collector if the officer is on a fee basis or remitted to the
governing authority of the county if the officer is on a salary basis of
compensation.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 20,1982.
GEORGIA LAWS 1982 SESSION
1855
GEORGIA ALCOHOLIC BEVERAGE CODE
AMENDED AS TO CERTAIN COUNTIES
(69,000 - 75,000).
Code Sections 5A-507, 5A-2903,
3-3-7, 3-4-92 Amended.
No. 1508 (House Bill No. 1906).
AN ACT
To amend the Georgia Alcoholic Beverage Code, Code Title 5A,
so as to permit the governing authorities of certain counties and
municipalities to authorize the sale of alcoholic beverages for con-
sumption on the premises at certain times on Sundays if approved in
a referendum; to provide that certain special referendum elections to
determine if licenses to sell alcoholic beverages for beverage purposes
by the drink, such sales to be for consumption only on the premises,
shall be conducted at the time of any other primary or election; to
provide the procedures connected therewith; to amend the Official
Code of Georgia Annotated accordingly; to provide effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. The Georgia Alcoholic Beverage Code, Code Title
5A, is amended by adding at the end of Section 5A-507, relating to the
sale of alcoholic beverages on Sundays and election days, a new
subsection to be labeled subsection (j) and to read as follows:
(j) (1) In each county having a population of not less than
69,000 and not more than 75,000 according to the United States
Decennial Census of 1980 or any future such census, in which the
sale of alcoholic beverages is lawful and in all municipalities in
those counties in which the sale of alcoholic beverages is lawful,
the governing authority of the county or municipality, as appro-
priate, may authorize the sale of alcoholic beverages for consump-
tion on the premises at any time from 11:55 P.M. on Saturdays
and one hour immediately following that time.
1856
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) (A) This subsection shall not become effective in the
unincorporated area of any such county or in any municipal-
ity unless the application to the unincorporated area of such
county or municipality is approved at a referendum by the
voters of the unincorporated area of any such county or
municipality. Such referendum shall be held on the date of
the first general primary election held after this paragraph
first applies to the county or municipality. Not less than 30
nor more than 60 days prior to the date of such primary, it
shall be the duty of the election superintendent of the county
to issue the call for an election for the purpose of submitting
this question to the electors of the unincorporated area of any
such county and each affected municipality for approval or
rejection. The superintendent shall set the date of such
election for the date of said primary. The superintendent
shall cause the date and purpose of the election to be pub-
lished once a week for two weeks immediately preceding the
date thereof in the official organ of the county. The ballot
shall have written or printed thereon the words:
( ) YES Shall the law allowing the gov-
( ) NO erning authority of (insert name of
the affected political subdivision)
to allow the sale of alcoholic bever-
ages for one hour after 11:55 P.M.
on Saturdays be approved?
(B) All persons desiring to vote for approval shall vote
Yes, and those persons desiring to vote for rejection shall
vote No. If more them one-hedf of the votes cast on such
question in the unincorporated area of such county are for
approval, then paragraph (1) shall become of full force and
effect in the unincorporated area of the county. If more than
one-half of the votes case on such question in any municipal-
ity are for approval, then peiragraph (1) shall become of full
force and effect in such municipality.
(C) The expense of such election shall be borne by the
county. It shall be the duty of the superintendent to hold and
GEORGIA LAWS 1982 SESSION
1857
conduct such election. It shall be his further duty to certify
the result thereof to the Secretary of State.
Section 2. Said title is further amended by striking paragraph
(1) of subsection (b) of Code Section 5A-2903 in its entirety and
inserting in lieu thereof a new paragraph (1) to read as follows:
(1) Upon a written petition containing 35 percent of the regis-
tered and qualified voters of a municipality or county coming within
the provisions of this section being filed with the appropriate govern-
ing authority, the governing authority shall be required to hold and
conduct a special referendum election which shall be held at the time
of holding any other primary or election in such county or municipal-
ity for the purpose of submitting to the qualified voters of the
municipality or county the question of whether or not the sale of
distilled spirits, as provided for in this chapter, shall be authorized.
Part 2
Section 3. Title 3 of the Official Code of Georgia Annotated,
known as the Georgia Alcoholic Beverage Code, is amended by
adding a new subsection (i) at the end of Code Section 3-3-7 to read as
follows:
(i) (1) In each county having a population of not less than
69,000 and not more than 75,000 according to the United States
decennial census of 1980 or any future such census, in which the
sale of alcoholic beverages is lawful and in all municipalities in
those counties in which the sale of alcoholic beverages is lawful,
the governing authority of the county or municipality, as appro-
priate, may authorize the sale of alcoholic beverages for consump-
tion on the premises at any time from 11:55 P.M. on Saturdays
and one hour immediately following that time.
(2) (A) This subsection shall not become effective in the
unincorporated area of any such county or in any municipal-
ity unless the application to the unincorporated area of such
county or municipality is approved at a referendum by the
voters of the unincorporated area of any such county or
municipality. Such referendum shall be held on the date of
the first general primary election held after this paragraph
first applies to the county or municipality. Not less than 30
nor more than 60 days prior to the date of such primary, it
1858
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall be the duty of the election superintendent of the county
to issue the call for an election for the purpose of submitting
this question to the electors of the unincorporated area of any
such county and each affected municipality for approval or
rejection. The superintendent shall set the date of such
election for the date of said primary. The superintendent
shall cause the date and purpose of the election to be pub-
lished once a week for two weeks immediately preceding the
date thereof in the official organ of the county. The ballot
shall have written or printed thereon the words:
( ) YES Shall the law allowing the gov-
( ) NO erning authority of (insert name of
the affected political subdivision)
to allow the sale of alcoholic bever-
ages for one hour after 11:55 P.M.
on Saturdays be approved?
(B) All persons desiring to vote for approval shall vote
Yes, and those persons desiring to vote for rejection shall
vote No. If more than one-half of the votes cast on such
question in the unincorporated area of such county are for
approval, then paragraph (1) shall become of full force and
effect in the unincorporated area of the county. If more than
one-half of the votes case on such question in any municipal-
ity are for approval, then paragraph (1) shall become of full
force and effect in such municipality.
(C) The expense of such election shall be borne by the
county. It shall be the duty of the superintendent to hold and
conduct such election. It shall be his further duty to certify
the result thereof to the Secretary of State.
Section 4. Said title is further amended by striking paragraph
(1) of subsection (b) of Code Section 3-4-92 in its entirety and
inserting in lieu thereof a new paragraph (1) to read as follows:
(1) Upon a written petition containing the signatures of 35
percent of the registered and qualified voters of a municipality or
GEORGIA LAWS 1982 SESSION
1859
county described in subsection (a) of this Code section being filed
with the appropriate governing authority, the governing authority
shall be required to hold and conduct a special referendum election
which shall be held at the time of holding any other primary or
election in such county or municipality for the purpose of submitting
to the qualified voters of the municipality or county the question of
whether the sale of distilled spirits, as provided for in this article,
shall be authorized.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective November 1,1982.
Section 6. Notwithstanding any other provision of law to the
contrary, the United States decennial census of 1980 shall become
effective for purposes of this Act on the effective date of this Act.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 20,1982.
1860
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA STUDENT FINANCE AUTHORITY
ACT AMENDED.
Code Section 20-3-475 Enacted.
No. 1509 (Senate Bill No. 710).
AN ACT
To amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official
Code of Georgia Annotated, the Georgia Student Finance Authority
Act, so as to provide for a program of grants to Georgia residents for
attendance at colleges of osteopathic medicine; to provide that such
grants shall be in the form of loans cancelable by certain practice; to
provide for governance of the program by the board of regents and
administration of the program by the Georgia Student Finance
Authority; 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. Part 3 of Article 7 of Chapter 3 of Title 20 of the
Official Code of Georgia Annotated, the Georgia Student Finance
Commission Act, is amended by adding a new subpart 9 to read as
follows:
Subpart 9
20-3-475. (a) The authority shall establish a program of grants
to Georgia residents for attendance at colleges of osteopathic medi-
cine which have entered into contracts as provided in subsection (b).
The program shall be administered by the authority in accordance
with this subpart and such rules and regulations of the board of
regents relating to the program as may be established by the board of
regents.
(b) The board of regents may contract with any of the colleges
listed in this Code section. The terms of such a contract shall provide
that the college will hold open one or more places for Georgia
residents selected to receive grants and that the board of regents will
pay the amount of the grant awarded to each student to the college on
behalf of the recipient student. Such contracts may be entered into
by the board of regents with any of the following colleges:
GEORGIA LAWS 1982 SESSION
1861
(1) The Southeastern College of Osteopathic Medicine;
(2) The Kansas City College of Osteopathic Medicine;
(3) The Kirksville College of Osteopathic Medicine;
(4) The Chicago College of Osteopathic Medicine; and
(5) The College of Osteopathic Medicine and Surgery in Des
Moines, Iowa.
(c) Such grants shall not be awarded to more than 15 Georgia
residents in any one year; and the maximum amount of each grant
shall be $10,000.00 per recipient per year.
(d) Each grant shall be in the form of a cancelable loan. Each
recipient shall agree to practice primary care medicine in a medically
underserved area designated by the authority for a period of one year
for each year for which a grant is received. The recipients repayment
obligation shall be canceled upon completion by the recipient of
practice in a medically underserved area for a number of years equal
to the number of years for which the recipient received a grant.
(e) In order to be eligible to receive a grant, a Georgia resident
must be accepted for enrollment by a participating college, must
enter into a cancelable loan agreement, and must meet such other
criteria as may be established by the board of regents.
Section 2. This Act shall become effective July 1,1983.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 21,1982.
1862
GENERAL ACTS AND RESOLUTIONS, VOL. I
MOTOR VEHICLE OPERATORS LICENSES FOR
OPERATORS 16 OR 17 YEARS OF AGE.
Code Sections 4-5-26, 4-5-58 Amended.
No. 1510 (Senate Bill No. 519).
AN ACT
To amend Chapter 5 of Title 40 of the Official Code of Georgia
Annotated, relating to drivers licenses, so as to provide that distinc-
tive drivers licenses for persons 16 or 17 years of age shall be
conditional and shall be suspended under certain conditions; to
provide that certain suspended drivers licenses may be reinstated
under certain conditions; to provide for the punishment of individ-
uals operating a motor vehicle under certain circumstances; to pro-
vide for other matters relative to the foregoing; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 5 of Title 40 of the Official Code of Georgia
Annotated, relating to drivers licenses, is amended by striking Code
Section 40-5-26 in its entirety and substituting in lieu thereof a new
Code Section 40-5-26 to read as follows:
40-5-26. (a) The application of any person under the age of 18
years for an instruction permit or drivers license shall be signed and
verified by the father, mother, or guardian of the applicant before a
person authorized to administer oaths or, in the event there is no
parent or guardian, by another responsible adult.
(b) The department shall, by rule and regulation, provide that
till licenses issued to applicants under 18 years of age shall be so
designed as to be readily distinguishable from all other licenses issued
to other applicants. After having attained 18 years of age, the holder
of any such distinctive license may, by complying with Code Section
40-5-31, obtain a duplicate or substitute license which shall not be
distinctive.
(c) The drivers licenses of persons 16 or 17 years old shall be
issued on the condition that the holder of any sucb license shall not
commit any offense enumerated in Code Section 40-5-54 or the
GEORGIA LAWS 1982 SESSION
1863
offense of speeding when the charge is for speeding 25 or more miles
per hour in excess of the speed limit. For the purposes of this Code
section, a forfeiture of bail or bond, an accepted plea of guilty, or an
accepted plea of nolo contendere to a charge of violating any offense
enumerated in Code Section 40-5-54 or speeding 25 or more miles per
hour in excess of the speed limit shall constitute a conviction.
(d) Upon receiving a record of the holder of a distinctive condi-
tional license being convicted for an offense specified in subsection (c)
of this Code section, the department shall suspend the distinctive
conditional license for one year when the conviction is for a first
offense. However, after a minimum of 60 days has expired following
the surrender of the license under subsection (f) of this Code section,
upon application being made to the department and upon the sub-
mission of proof to the department that the person whose license is
suspended has completed an approved defensive driving course or an
approved basic alcohol or drug course if the offense was driving under
the influence of alcohol or drugs and upon the payment of restoration
fee of $20.00, the department may reinstate the distinctive condi-
tional drivers license.
(e) Upon receiving a record of the holder of a distinctive condi-
tional license being convicted for a second time for an offense
specified in subsection (c) of this Code section, the department shall
revoke the distinctive conditional license. The period of revocation
shall begin on the date the distinctive conditional license is surren-
dered to the court as provided in subsection (f) of this Code section
and end on the eighteenth birthday of the person whose distinctive
conditional license was revoked or 90 days after the date of the
surrender of the license, whichever is later.
(f) Whenever the holder of a distinctive conditional drivers
license is convicted of an offense requiring suspension or revocation of
the license under subsection (d) or (e) of this Code section, the court
in which such conviction is had shall require the surrender to it of the
distinctive conditional drivers license then held by the person so
convicted, and the court shall forward the same, together with the
uniform citation form authorized by Article 1 of Chapter 13 of this
title, to the department within 15 days after the conviction. The
provisions of Code Section 40-5-53 shall apply to the surrender of
licenses under this subsection.
1864
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said chapter is further amended by striking subsec-
tion (c) of Code Section 40-5-58 in its entirety and inserting in lieu
thereof a new subsection (c) to read as follows:
(c) Except as provided in subsection (e) of this Code section, it
shall be unlawful for any person to operate any motor vehicle in this
state after such person has received notice that his drivers license has
been revoked as provided in subsection (b) of this Code section, if
such person has not thereafter obtained a valid drivers license. Any
person declared to be an habitual violator and whose drivers license
has been revoked under this Code section and who is thereafter
convicted of operating a motor vehicle while his license is so revoked
shall be punished by a fine of not less than $750.00 or by impris-
onment in the penitentiary for not less than one nor more than five
years, or both.
Section 3. This Act shall become effective on November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 21,1982.
STONE MOUNTAIN MEMORIAL ASSOCIATION
ACT AMENDED.
Code Section 12-3-199 Amended.
No. 1511 (Senate Bill No. 715).
AN ACT
To amend the Stone Mountain Memorial Association Act,
approved February 21,1958 (Ga. L. 1958, p. 61), as amended, so as to
provide that the Stone Mountain Memorial Association may invest
and reinvest the association fund in certain specified obligations; to
amend the Official Code of Georgia Annotated accordingly; to pro-
GEORGIA LAWS 1982 SESSION
1865
vide for effective dates and automatic repeal; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. The Stone Mountain Memorial Association Act,
approved February 21, 1958 (Ga. L. 1958, p. 61), as amended, is
amended by striking subsection (d) of Section 9, which reads as
follows:
(d) Investment in obligations of the United States or obliga-
tions the payment of which is guaranteed by the United States, of
guaranteed convertibility or maturity not in excess of five years,
provided, that funds so invested and income from such investments
shall always be available to and ultimately expended for other pur-
poses set forth in this section.,
and inserting in its place a new subsection (d) to read as follows:
(d) Investment or reinvestment in any of the following obliga-
tions:
(1) Obligations of this state or other states;
(2) Obligations issued by the United States;
(3) Obligations fully insured or guaranteed by a United
States government agency;
(4) Obligations of any corporation of the United States;
(5) Prime bankers acceptances;
(6) The local government investment pool established by
the Local Government Investment Pool Act, (Ga. L. 1980, p.
1715), as amended;
(7) Repurchase agreements;
(8) Obligations of other political subdivisions of this state;
1866
GENERAL ACTS AND RESOLUTIONS, VOL. I
(9) Certificates of deposit.
Provided, however, that funds so invested and income from such
investments shall always be available to and ultimately expended for
other purposes authorized by this Act.
Part 2
Section 2. Code Section 12-3-199 of the Official Code of Georgia
Annotated, relating to the association fund of the Stone Mountain
Memorial Association, is amended by striking paragraph (4) of sub-
section (b), which reads as follows:
(4) Investment in obligations of the United States or obliga-
tions the payment of which is guaranteed by the United States, of
guaranteed convertibility or maturity not in excess of five years,
provided that funds so invested and income from such investments
shall always be available to and ultimately expended for other pur-
poses set forth in this Code section.,
and inserting in its place a new paragraph (4) to read as follows:
(4) Investment or reinvestment in any of the following obliga-
tions:
(A) Obligations of this state or other states;
(B) Obligations issued by the United States;
(C) Obligations fully insured or guaranteed by a United
States government agency;
(D) Obligations of any corporation of the United States;
(E) Prime bankers acceptances;
(F) The local government investment pool established by
Chapter 83 of Title 36, the Local Government Investment Pool
(G) Repurchase agreements;
GEORGIA LAWS 1982 SESSION
1867
(H) Obligations of other political subdivisions of this state;
and
(I) Certificates of deposit;
provided, however, that funds so invested and income from such
investments shall always be available to and ultimately expended for
other purposes authorized by this chapter.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 21,1982.
JURISDICTION OF LAND CEDED TO OR
ACQUIRED BY UNITED STATES.
Code Sections 15-302.1, 50-2-23.1
Enacted.
No. 1512 (Senate Bill No. 764).
AN ACT
To amend Code Chapter 15-3, relating to jurisdiction over certain
land ceded to or acquired by the United States, so as to consent to the
1868
GENERAL ACTS AND RESOLUTIONS, VOL. I
cession of concurrent jurisdiction to the United States over lands
within the boundaries of the State of Georgia that are owned by the
United States or over which such jurisdiction is necessary for the
effective administration and management of the lands owned by the
United States; to authorize the Governor, upon receipt of application
therefor, to cede to the United States concurrent jurisdiction over
such lands; to specify those authorized to apply for concurrent
jurisdiction; to establish the manner in which such cession shall
become effective; to amend the Official Code of Georgia Annotated
accordingly; to provide for other matters relative to the foregoing; to
provide for severability; to provide effective dates; to provide for
specific repeal; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 15-3, relating to jurisdiction over
certain land ceded to or acquired by the United States, is amended by
inserting after Section 15-302 a new Section 15-302.1, to read as
follows:
15-302.1. (a) The consent of the State of Georgia is given to the
cession of concurrent jurisdiction to the United States of America
over lands within the boundaries of the State of Georgia that are
owned by the United States of America or over which such jurisdic-
tion is necessary for the effective administration and management of
the lands owned by the United States.
(b) Whenever the United States of America desires to acquire
concurrent jurisdiction over lands of the type described in subsection
(a) of this Section, application therefor shall be made to the Governor
by the principal officer of the agency of the United States having
administrative and legal control over the land and shall describe with
specificity the lands for which concurrent jurisdiction is sought. For
the purpose of this Section, legal control shall include the authority
to sell, convey, rent, lease, make covenants, alienate, or otherwise
control by lawful means, any and all interests and rights in real
property including, but not limited to, the right of possession to, use
of, and travel upon or over, relevant lands.
GEORGIA LAWS 1982 SESSION
1869
(c) Upon receipt of an application to acquire concurrent juris-
diction on behalf of the United States over lands of the type described
in subsection (a) of this Section, the Governor is authorized to cede
concurrent jurisdiction over such lands to the United States.
(d) Cession of concurrent jurisdiction shall be effected by means
of negotiation and execution of an agreement between the Governor
on behalf of the State and the principal officer of the United States
agency having administrative and legal control over the land. Any
jurisdiction not specifically ceded in any such agreement is reserved
to the State. Cession of such concurrent jurisdiction as is ceded by
the State in any such agreement shall become effective upon the
acceptance by the United States indicated in writing upon the
instrument of cession by the authorized official(s) of the United
States.
(e) Nothing contained herein or in any instrument executed
pursuant to the provisions hereof shall be construed as consent either
to the preemption of any of the laws and regulations of this State or to
the exemption of any federal lands from regulation pursuant to the
laws and regulations of this State to the extent such lands are subject
thereto. Nor shall any provision of this law or any instrument
executed pursuant thereto be construed as a limitation or restriction
upon the power, right and authority of the General Assembly to enact
laws and authorize the promulgation of regulations.
Part 2
Section 2. Chapter 2 of Title 50 of the Official Code of Georgia
Annotated is amended by inserting after Code Section 50-2-23 a new
Code Section 50-2-23.1, to read as follows:
50-2-23.1. (a) The consent of the State of Georgia is given to
the cession of concurrent jurisdiction to the United States of America
over lands within the boundaries of the State of Georgia that are
owned by the United States of America or over which such jurisdic-
tion is necessary for the effective administration and management of
the lands owned by the United States.
(b) Whenever the United States of America desires to acquire
concurrent jurisdiction over lands of the type described in subsection
(a) of this Code section, application therefor shall be made to the
Governor by the principal officer of the agency of the United States
1870
GENERAL ACTS AND RESOLUTIONS, VOL. I
having administrative and legal control over the land and shall
describe with specificity the lands for which concurrent jurisdiction is
sought. For the purpose of this Code section, legal control shall
include the authority to sell, convey, rent, lease, make covenants,
alienate, or otherwise control by lawful means, any and all interests
and rights in real property including but not limited to the right of
possession to, use of, and travel upon or over relevant lands.
(c) Upon receipt of an application to acquire concurrent juris-
diction on behalf of the United States over lands of the type described
in subsection (a) of this Code section, the Governor is authorized to
cede concurrent jurisdiction over such lands to the United States.
(d) Cession of concurrent jurisdiction shall be effected by means
of negotiation and execution of an agreement between the Governor
on behalf of the state and the principal officer of the United States
agency having administrative and legal control over the land. Any
jurisdiction not specifically ceded in any such agreement is reserved
to the state. Cession of such concurrent jurisdiction as is ceded by the
state in any such agreement shall become effective upon the accep-
tance by the United States indicated in writing upon the instrument
of cession by the authorized official or officials of the United States.
(e) Nothing contained in this Code section or in any instrument
executed pursuant to it shall be construed as consent either to the
preemption of any of the laws and regulations of this state or to the
exemption of any federal lands from regulation pursuant to the laws
and regulations of this state to the extent such lands are subject
thereto. Nor shall any provision of this law or any instrument
executed pursuant thereto be construed as a limitation or restriction
upon the power, right, and authority of the General Assembly to enact
laws and authorize the promulgation of regulations.
Part 3
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
declares that it would have passed the remaining parts of this Act if it
GEORGIA LAWS 1982 SESSION
1871
had known that such part or parts hereof would be declared or
adjudged invalid or unconstitutional.
Section 4. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 21,1982.
JUVENILE COURT CODE OF GEORGIA AMENDED.
Code Chapter 24A-25 Amended.
Code Title 15, Chapter 11 Amended.
No. 1513 (House Bill No. 610).
AN ACT
To amend Code Chapter 24A-23A, relating to designated felony
acts under the Juvenile Court Code of Georgia, so as to change the
definition of the term designated felony act; to specify when
restrictive custody shall be mandatory; to amend Code Chapter 24A-
25, relating to transfers from juvenile courts to other courts for
criminal prosecution, so as to specify when proceedings shall be
transferred to superior court for criminal prosecution; to provide for
all related matters; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to repeal conflicting laws; and
for other purposes.
1872
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Chapter 24A-23A, relating to designated felony
acts under the Juvenile Court Code of Georgia, is amended by
replacing Code Section 24A-2301A with a new Code section to read as
follows:
24A-2301A. Definition. Designated felony act means an act
which, if done by an adult, would be one or more of the following
crimes:
(1) Murder, rape, kidnapping, or arson in the first degree, if
done by a juvenile 13 or more years of age;
(2) Aggravated assault, voluntary manslaughter, aggravated
sodomy, arson in the second degree, aggravated battery, robbery,
or armed robbery, if done by a juvenile 13 or more years of age;
(3) Attempted murder or kidnapping, if done by a juvenile
13 or more years of age;
(4) Burglary, if done by a juvenile 13 or more years of age
who has previously been adjudicated delinquent at separate court
appearances for an act which, if done by an adult, would have been
the crime of burglary.
Intensive Supervision means monitoring of a youths activities on
a more frequent basis than regular Aftercare Supervision pursuant to
regulations of the director of the division.
A carefully arranged and monitored home visit shall mean a
home visit during which the youth shall be monitored by appropriate
personnel of the Division of Youth Services designated pursuant to
regulations of the director of the division.
Section 2. Said chapter is further amended by replacing subsec-
tion (c) of Code Section 24A-2302A with a new subsection to read as
follows:
(c) Notwithstanding the provisions of subsection (b) of this
section, the court shall order restrictive custody in any case where:
GEORGIA LAWS 1982 SESSION
1873
(1) The juvenile is found to have committed a designated felony act
in which the juvenile inflicted serious physical injury upon another
person who is 62 years of age or more; or (2) The juvenile is found to
have committed a designated felony act which would have constituted
the crime of burglary if done by an adult and has two or more times
previously been found to be delinquent because of commission of an
act which would have constituted the crime of burglary if done by an
adult.
Section 3. Code Chapter 24A-25, relating to transfers from
juvenile courts to other courts for criminal prosecution, is amended
by adding a new Code Section 24A-2502 to read as follows:
24A-2502. Mandatory transfers, (a) After a petition has
been filed alleging that a child 15 years of age or older has committed
a designated felony act, the court shall follow the procedure specified
in this Code section if the designated felony act alleged to have been
committed would have constituted the crime of burglary if done by an
adult and the child has been found at separate court appearances to
have committed acts which would have constituted the crime of
burglary if done by an adult on three or more previous occasions.
(b) If this Code section applies, the court shall hold a hearing in
conformity with Code Sections 24A-1801, 24A-2001, and 24A-2002.
Notice shall be given in writing of the time, place, and purpose of the
hearing to the child and his parents, guardian, or other custodian at
least three days before the hearing.
(c) If at the hearing the court determines that there are reason-
able grounds to believe that the child committed the designated
felony act alleged, the court shall transfer the offense to superior
court for prosecution. The transfer terminates the jurisdiction of the
juvenile court over the child with respect to the designated felony act
alleged. The transfer order shall constitute a determination by a
court of inquiry that there is probable cause to commit the child as a
defendant to the criminal court competent to try him. After such a
transfer, until and unless a judgment of guilt is entered and sentence
pronounced, the child shall be detained as a juvenile and only as
provided in subsection (a) of Code Section 24A-1403.
(d) Upon the transfer of any matter to superior court under this
Code section, the District Attorney shall after investigation report to
the judge whether the matter should be retransferred to juvenile
1874
GENERAL ACTS AND RESOLUTIONS, VOL. I
court; and the superior court may upon such a report or on its own
motion order the matter retransferred to juvenile court. After such a
retransfer, the provisions of subsection (c) of Code Section 24A-
2302A shall apply as in other cases.
Part 2
Section 4. Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to juvenile court proceedings, is amended by
replacing paragraph (2) of subsection (a) of Code Section 15-11-37
with a new paragraph to read as follows:
(2) Designated felony act means an act which, if done by an
adult, would be one or more of the following crimes:
(A) Murder, rape, kidnapping, or arson in the first degree, if
done by a juvenile 13 or more years of age;
(B) Aggravated assault, voluntary manslaughter, aggra-
vated sodomy, arson in the second degree, aggravated battery,
robbery, or armed robbery, if done by a juvenile 13 or more years
of age;
(C) Attempted murder or kidnapping, if done by a juvenile
13 or more years of age; or
(D) Burglary, if done by a juvenile 13 or more years of age
who has previously been adjudicated delinquent at separate court
appearances for an act which, if done by an adult, would have been
the crime of burglary.
Section 5. Said chapter is further amended by replacing subsec-
tion (d) of Code Section 15-11-37 with a new subsection to read as
follows:
(d) Notwithstanding subsection (c) of this Code section, the
court shall order restrictive custody in any case where the juvenile is
found to have committed a designated felony act in which: (1) The
juvenile inflicted serious physical injury upon another person who is
62 years of age or more; or (2) The juvenile is found to have
committed a designated felony act which would have constituted the
crime of burglary if done by an adult and has two or more times
previously been found to be delinquent because of commission of an
GEORGIA LAWS 1982 SESSION
1875
act which would have constituted the crime of burglary if done by an
adult.
Section 6. Said chapter is further amended by adding a new
Code Section 15-11-39.1 to read as follows:
15-11-39.1. (a) After a petition has been filed alleging that a
child 15 years of age or older has committed a designated felony act,
the court shall follow the procedure specified in this Code section if
the designated felony act alleged to have been committed would have
constituted the crime of burglary if done by an adult and the child has
been found at separate court appearances to have committed acts
which would have constituted the crime of burglary if done by an
adult on three or more previous occasions.
(b) If this Code section applies, the court shall hold a hearing in
conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31.
Notice shall be given in writing of the time, place, and purpose of the
hearing to the child and his parents, guardian, or other custodian at
least three days before the hearing.
(c) If at the hearing the court determines that there are reason-
able grounds to believe that the child committed the designated
felony act alleged, the court shall transfer the offense to superior
court for prosecution. The transfer terminates the jurisdiction of the
juvenile court over the child with respect to the designated felony act
alleged. The transfer order shall constitute a determination by a
court of inquiry that there is probable cause to commit the child as a
defendant to the criminal court competent to try him. After such a
transfer, until and unless a judgment of guilt is entered and sentence
pronounced, the child shall be detained as a juvenile and only as
provided in subsection (a) of Code Section 15-11-20.
(d) Upon the transfer of any matter to superior court under this
Code section, the district attorney shall after investigation report to
the judge whether the matter should be retransferred to juvenile
court; and the superior court may upon such a report or on its own
motion order the matter retransferred to juvenile court. After such a
retransfer, the provisions of subsection (d) of Code Section 15-11-37
shall apply as in other cases.
1876
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 7. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 21,1982.
GENERAL APPROPRIATIONS ACT.
No. 1514 (House Bill No. 1236).
AN ACT
To make and provide appropriations for the
State fiscal year beginning July 1,1982, and ending
June 30,1983; to make and provide such appropri-
ations for the operation of the State government,
its departments, boards, bureaus, commissions,
institutions, and other agencies, and for the uni-
versity system, common schools, counties, munici-
palities, political subdivisions and for all other
governmental activities, projects and undertakings
authorized by law, and for all leases, contracts,
agreements, and grants authorized by law; to pro-
vide for the control and administration of funds; to
provide an effective date; to repeal conflicting
laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
1877
Be it enacted by the General Assembly of Georgia:
That the sums of money hereinafter provided
are appropriated for the State fiscal year beginning
July 1, 1982, and ending June 30, 1983, as pre-
scribed hereinafter for such fiscal year, from the
General Funds of the State, including unappropri-
ated surplus and a revenue estimate of
$3,732,000,000 for State fiscal year 1983.
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch.
Budget Unit: Legislative Branch..................$ 15,263,892
Operations...................................$ 15,263,892
Total Funds Budgeted.........................$ 15,263,892
State Funds Budgeted.........................$ 15,263,892
Budget Unit Object Classes:
Operations...................................$ 15,263,892
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
1878
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.............$ 5,430,363
1. Operations...............................$ 5,080,363
Total Funds Budgeted.......................$ 5,080,363
State Funds Budgeted.......................$ 5,080,363
2. Tax Ratio Study..........................$ 350,000
Total Funds Budgeted.......................$ 350,000
State Funds Budgeted.......................$ 350,000
Budget Unit Object Classes:
Operations.................................$ 5,080,363
GEORGIA LAWS 1982 SESSION
1879
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...................$ 2,345,625
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.-Dec. Session, pp. 478-481 (Code Sections 17-
12-60 through 17-12-62).
Provided, however, that the sum of $10,500
shall be allocated for the cost of Georgias pro rata
share for the operation of the National Center for
State Courts.
Total Positions Budgeted 59
Section 4. Superior Courts.
Budget Unit: Superior Courts...................$ 18,957,568
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.
1880
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 (Code Section 17-10-6).
Provided, however, that the listed appropri-
ation 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 $97,000 per
annum for each judgeship created by law during
the 1982 session of the General Assembly.
Provided, that of the above appropriation
relating to Superior Courts, $428,670 is designated
and committed for the Prosecuting Attorneys
Council for operations and $80,190 is designated
and committed for the Sentence Review Panel,
and $-0- is designated and committed for the Pro-
bation Advisory Council.
Provided, however, of the above appropriation
$10,000 is designated and committed to permit
Judges with less than five years of experience to
attend the Judicial College.
Total Positions Budgeted 458
Section 5. Court of Appeals.
Budget Unit: Court of Appeals.................$ 2,612,000
For the cost of operating the State Court of
Appeals, including salaries and retirement contri-
butions of judges and employees of the Court and
GEORGIA LAWS 1982 SESSION
1881
for the Emeritus Judges of the Court. Provided,
however, that the listed appropriation shall be
increased by the amount of $12,000 per annum for
each additional Emeritus position established
during the fiscal year.
Total Positions Budgeted 55
Section 6. Administrative Office of
the Courts.
Budget Unit: Administrative Office
of the Courts.....................$ 802,791
Administrative Office of the
Courts..................................$ 515,238
Case Counting.............................$ 60,000
Institute for Continuing
Judicial Education......................$ 227,553
Total Funds Budgeted......................$ 802,791
State Funds Budgeted......................$ 802,791
Total Positions Budgeted 20
For the cost of operating the Administrative
Office of the Courts, case counting and for the cost
of operating the Institute for Continuing Judicial
Education.
Section 7. Appellate Court Reports.
Budget Unit: Court Reports....................$ 190,000
For the cost of purchasing and distributing the
reports (decisions) of the appellate courts to
Judges, District Attorneys, Clerks and others as
required by Code Chapter 90-2 (Art. 2, Chap. 18 of
Title 50).
Total Positions Budgeted 0
Section 8. Judicial Qualifications
Commission.
Budget Unit: Judicial Qualifications
Commission.......................$ 45,788
1882
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:.................................$ 14,821
For the cost of operating the Board of Court
Reporting.
Total Positions Budgeted 1
Section 10. Council of Juvenile
Court Judges.
Budget Unit:............................. $ 102,508
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:.................................$ 13,970
For the cost of operating the Georgia Justice
Courts Training Council.
Total Positions Budgeted 0
Section 12. Georgia Judicial Administrative
Districts.
Budget Unit:................................ $ 556,398
For the cost of operating the Georgia Judicial
Administrative Districts.
Total Positions Budgeted
20
GEORGIA LAWS 1982 SESSION
1883
PART III.
EXECUTIVE BRANCH
Section 13. Department of Administrative
Services.
A. Budget Unit: Department of
Administrative Services............$
1. State Properties Commission Budget:
Personal Services....................... $
Regular Operating Expenses................$
Travel....................................$
Motor Vehicle Equipment Purchases.........$
Publications and Printing.................$
Equipment Purchases............... ....$
Computer Charges..........................$
Real Estate Rentals.......................$
Telecommunications........................$
Per Diem, Fees and Contracts..............$
Total Funds Budgeted......................$
State Funds Budgeted......................$
Total Positions Budgeted
2. Departmental Administration Budget:
Personal Services.........................$
Regular Operating Expenses................$
Travel....................................$
Motor Vehicle Equipment
Purchases..............................$
Publications and Printing.................$
Equipment Purchases.......................$
Computer Charges..........................$
Real Estate Rentals.......................$
Telecommunications........................$
Per Diem, Fees and Contracts..............$
Direct Payments to Georgia
Building Authority for
Capital Outlay....................... $
Direct Payments to Georgia
Building Authority for
Operations.............................$
Direct Payments to Georgia
Building Authority for
Floyd Buildings Operations.............$
Direct Payments to Georgia
Building Authority for
Authority Lease Rentals.............. $
Total Funds Budgeted......................$
31,079,490
211,777
8,488
3,000
-0-
200
-0-
-0-
12,516
3,600
15,000
254,581
252,036
6
1,025,000
152,447
8,000
-0-
6,500
1,335
-0-
47,817
15,949
-0-
2,001,792
-0-
1,200,000
850,000
5,308,840
1884
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.......................$ 5,291,285
Total Positions Budgeted 41
3. Treasury and Fiscal
Administration Budget:
Personal Services..........................$ 801,055
Regular Operating Expenses.................$ 83,103
Travel.....................................$ 6,000
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 12,800
Equipment Purchases...................... $ 1,000
Computer Charges...........................$ 4,662,500
Real Estate Rentals........................$ 27,851
Telecommunications........................$ 12,510
Per Diem, Fees and Contracts...............$ -0-
State Liability Self-Insurance
Reserve................................ $ -0-
Public Safety Officers
Indemnification Fund.....................$ 608,800
Total Funds Budgeted.......................$ 6,215,619
State Funds Budgeted.......................$ 3,894,670
Total Positions Budgeted 30
4. Central Supply Administration
Budget:
Personal Services..........................$ 232,230
Regular Operating Expenses.................$ 155,522
Travel.....................................$ 750
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 7,300
Equipment Purchases........................$ 1,400
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 61,179
Telecommunications.........................$ 5,355
Per Diem, Fees and Contracts...............$ 1,000
Materials for Resale.......................$ 5,400,000
Utilities..................................$ -0-
Total Funds Budgeted.......................$ 5,864,736
Total Expenditures Authorized..............$ 5,860,089
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 15
GEORGIA LAWS 1982 SESSION
1885
5. Procurement Administration Budget:
Personal Services.........................$ 1,175,033
Regular Operating Expenses................$ 115,023
Travel....................................$ 7,250
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 29,000
Equipment Purchases.......................$ 1,447
Computer Charges..........................$ 229,600
Real Estate Rentals.......................$ 56,502
Telecommunications........................$ 34,500
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 1,648,355
State Funds Budgeted......................$ 1,636,325
Total Positions Budgeted 52
6. General Services Administration
Budget:
Personal Services.........................$ 289,000
Regular Operating Expenses................$ 11,160
Travel....................................$ 5,800
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 2,500
Equipment Purchases.......................$ 150
Computer Charges..........................$ 18,000
Real Estate Rentals.......................$ 12,165
Telecommunications........................$ 24,424
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 363,199
Total Expenditures Authorized.............$ 359,568
State Funds Budgeted......................$ -0-
Total Positions Budgeted 13
7. Space Management
Administration Budget:
Personal Services.........................$ 255,000
Regular Operating Expenses................$ 6,120
Travel....................................$ 1,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 400
Equipment Purchases.......................$ 900
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 17,999
Telecommunications........................$ 6,230
Per Diem, Fees and Contracts..............$ -0-
1886
GENERAL ACTS AND RESOLUTIONS, VOL. I
Materials for Resale......................$ -0-
Total Funds Budgeted........................$ 288,149
State Funds Budgeted........................$ 285,268
Total Positions Budgeted 11
8. Data Processing Services Budget:
Personal Services......................... $ 15,789,960
Regular Operating Expenses..................$ 1,363,800
Travel......................................$ 60,000
Motor Vehicle Equipment
Purchases............................... $ -0-
Publications and Printing.........J........$ 230,800
Equipment Purchases.........................$ 53,350
Computer Charges............................$ 280,000
Rents and Maintenance Expense...............$ 15,756,796
Real Estate Rentals.........................$ 1,024,536
Telecommunications..........................$ 309,543
Payments to DOAS Fiscal
Administration............................$ 2,270,896
Per Diem, Fees and Contracts.............. $ 820,800
Total Funds Budgeted........................$ 37,960,481
Total Expenditures Authorized...............$ 37,636,837
State Funds Budgeted...............;........$ 13,575,000
Total Positions Budgeted 666
9. Motor Pool Services Budget:
Personal Services...........................$ 365,198
Regular Operating Expenses..................$ 1,542,990
Travel.................................. $ -0-
Motor Vehicle Equipment Purchases...........$ 235,000
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 8,000
Computer Charges..........................i.$ -0-
Real Estate Rentals.................;.....$ 720
Telecommunications..................... ..$ -0-
Per Diem, Fees and Contracts........v.......$ -0-
Total Funds Budgeted........................$ 2,151,908
Total Expenditures Authorized...............$ 2,130,389
State Funds Budgeted...................... $ -0-
Total Positions Budgeted 23
10. Communication Services Budget:
Personal Services......................... $ 2,303,566
Regular Operating Expenses..............;...$ 376,405
GEORGIA LAWS 1982 SESSION 1887
Travel....................................$ 11,000
Motor Vehicle Equipment
Purchases...............................$ 50,600
Publications and Printing.................$ 59,000
Equipment Purchases.......................$ 21,380
Computer Charges..........................$ 128,044
Real Estate Rentals..................... $ 57,503
Telecommunications........................$ 385
Per Diem, Fees and Contracts..............$ 5,000
Telephone Billings........................$ 24,000,000
Total Funds Budgeted......................$ 27,012,883
Total Expenditures Authorized.............$ 26,982,755
State Funds Budgeted......................$ 6,000,000
Total Positions Budgeted 106
Hi Printing Services Budget:
Personal Services.........................$ 1,333,629
Regular Operating Expenses................$ 1,677,184
Travel....................................$ -0-
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ -0-
Equipment Purchases.......................$ 50,000
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 128,170
Telecommunications........................$ -0-
Materials for Resale......................$ 400,000
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 3,588,983
Total Expenditures Authorized.............$ 3,557,094
State Funds Budgeted......................$ -0-
Total Positions Budgeted 71
12. Surplus Property Services Budget:
Personal Services.........................$ 713,413
Regular Operating Expenses................$ 261,060
Travel....................................$ 25,300
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ -0-
Equipment Purchases.......................$ 7,400
Computer Charges..........................$ 2,200
Real Estate Rentals.......................$ 6,000
Telecommunications........................$ 13,170
Materials for Resale......................$ 25,000
Per Diem, Fees and Contracts..............$ 12,000
1888
GENERAL ACTS AND RESOLUTIONS, VOL. I
Utilities.................................$ 23,980
Total Funds Budgeted......................$ 1,089,523
State Funds Budgeted......................$ 144,906
Total Positions Budgeted 44
13. Mail and Courier Services Budget:
Personal Services.........................$ 147,757
Regular Operating Expenses................$ 122,254
Travel....................................$ -0-
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ -0-
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 2,239
Telecommunications........................$ -0-
Materials for Resale......................$ -0-
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 272,250
Total Expenditures Authorized.............$ 269,528
State Funds Budgeted......................$ -0-
Total Positions Budgeted 10
14. Self-Insurance Services Budget:
Personal Services.........................$ 520,423
Regular Operating Expenses................$ 21,100
Travel....................................$ 24,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 2,500
Equipment Purchases.......................$ 900
Computer Charges..........................$ 60,000
Real Estate Rentals.......................$ 26,227
Telecommunications........................$ 9,179
Materials for Resale......................$ -0-
Per Diem, Fees and Contracts..............$ 20,000
Total Funds Budgeted......................$ 684,829
Total Expenditures Authorized.............$ 678,102
State Funds Budgeted......................$ -0-
Total Positions Budgeted 23
Budget Unit Object Classes:
Personal Services.........................$ 25,163,041
Regular Operating Expenses................$ 5,896,656
Travel....................................$ 153,100
GEORGIA LAWS 1982 SESSION
1889
Motor Vehicle Equipment
Purchases...............................$ 285,600
Publications and Printing.................$ 351,000
Equipment Purchases.......................$ 147,262
Computer Charges..........................$ 5,380,344
Real Estate Rentals.......................$ 1,481,424
Telecommunications...................... $ 434,845
Per Diem, Fees and Contracts..............$ 873,800
Rents and Maintenance Expense.............$ 15,756,796
Utilities.................................$ 23,980
Payments to DOAS Fiscal
Administration..........................$ 2,270,896
Direct Payments to Georgia
Building Authority for
Operations..............................$ -0-
Direct Payments to Georgia
Building Authority for
Capital Outlay..........................$ 2,001,792
Direct Payments to Georgia
Building Authority for
Authority Lease Rentals.................$ 850,000
Direct Payments to Georgia
Building Authority for
Floyd Buildings Operations..............$ 1,200,000
State Liability Self-Insurance
Reserve.................................$ -0-
Telephone Billings........................$ 24,000,000
Materials for Resale......................$ 5,825,000
Public Safety Officers
Indemnity Fund..........................$ 608,800
Total Positions Budgeted 1,111
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.
1890
GENERAL ACTS AND RESOLUTIONS, VOL. I
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................................$ 359,568
Data Processing Service.........................$ 37,636,837
Motor Pool Service..............................$ 2,130,389
Communication Services..........................$ 26,982,755
Printing Services...............................$ 3,557,094
Total...........................................$ 70,666,643
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
the 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
this purpose in the user agencies.
Provided, however, the Department is autho-
rized to construct from available funds a surplus
property storage facility adjacent to the current
facility in Swainsboro, the cost not to exceed
$22,000.
B. Budget Unit: Georgia Building
Authority..........................$ -0-
Georgia Building Authority
Budget:
Personal Services...........................$ 10,391,527
Regular Operating Expenses..................$ 2,771,582
GEORGIA LAWS 1982 SESSION
1891
Travel................................... $ 4,000
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 32,000
Equipment Purchases........................$ 110,000
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 60,000
Per Diem, Fees and Contracts...............$ 115,000
Capital Outlay.............................$ 2,001,792
Authority Lease Rentals....................$ 1,039,500
Utilities..................................$ 4,700,000
Facilities Renovations
and Repairs..............................$ -0-
Total Funds Budgeted.......................$ 21,225,401
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 507
Budget Unit Object Classes:
Personal Services..........................$ 10,391,527
Regular Operating Expenses.................$ 2,771,582
Travel.....................................$ 4,000
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 32,000
Equipment Purchases........................$ 110,000
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 60,000
Per Diem, Fees and Contracts...............$ 115,000
Capital Outlay.............................$ 2,001,792
Authority Lease Rentals....................$ 1,039,500
Utilities..................................$ 4,700,000
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
1892
GENERAL ACTS AND RESOLUTIONS, VOL. I
are received from other sources for renovations or
repairs.
Section 14. Department of Agriculture.
A. Budget Unit: Department of
Agriculture........................$ 21,934,919
1. Plant Industry Budget:
Personal Services........................ $ 3,469,800
Regular Operating Expenses.................$ 303,871
Travel.....................................$ 103,715
Motor Vehicle Equipment Purchases..........$ 57,800
Publications and Printing..................$ 28,000
Equipment Purchases........................$ 70,610
Computer Charges...........................$ -0-
Real Estate Rentals...................... $ 2,553
Telecommunications.........................$ 42,381
Per Diem, Fees and Contracts...............$ 1,300
Total Funds Budgeted.......................$ 4,080,030
State Funds Budgeted.......................$ 3,530,505
Total Positions Budgeted 185
2. Animal Industry Budget:
Personal Services..........................$ 1,148,000
Regular Operating Expenses.................$ 118,480
Travel.....................................$ 43,500
Motor Vehicle Equipment Purchases..........$ 43,500
Publications and Printing..................$ 10,800
Equipment Purchases........................$ 3,700
Computer Charges...........................$ -0-
Real Estate Rentals...v....................$ -0-
Telecommunications.........................$ 46,563
Per Diem, Fees and Contracts...........,...$ 75,000
Athens Veterinary Laboratory
Contract.............................. $ 434,550
Tifton Veterinary Laboratory
Contract.............................. $ 796,400
Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton,
Douglas, Oakwood, Royston,
Statesboro and Tifton...................$ 955,000
Veterinary Fees............................$ 525,000
Indemnities.............................. $ 75,000
Capital Outlay.............................$ -0-
GEORGIA LAWS 1982 SESSION 1893
Total Funds Budgeted.......................$ 4,275,493
State Funds Budgeted.......................$ 3,906,979
Total Positions Budgeted 56
3. Marketing Budget:
Personal Services..........................$ 869,200
Regular Operating Expenses.................$ 137,440
Travel.....................................$ 53,000
Motor Vehicle Equipment Purchases..........$ 7,250
Publications and Printing..................$ 19,980
Equipment Purchases........................$ 9,275
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 38,250
Per Diem, Fees and Contracts...............$ 33,000
Advertising................................$ 55,000
Major Repairs and Maintenance
Projects at Major and Minor
Markets.................................$ 95,000
Total Funds Budgeted.......................$ 1,317,395
State Funds Budgeted.......................$ 1,299,590
Total Positions Budgeted 42
4. Major Markets Budget:
Personal Services..........................$ 1,814,000
Regular Operating Expenses.................$ 751,045
Travel.....................................$ 10,050
Motor Vehicle Equipment Purchases..........$ 23,100
Publications and Printing..................$ 6,000
Equipment Purchases........................$ 13,425
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 36,720
Advertising................................$ 35,000
Per Diem, Fees and Contracts...............$ 24,650
Major Repairs and Maintenance
Projects at Major and Minor
Markets.................................$ 305,000
Total Funds Budgeted.......................$ 3,018,990
State Funds Budgeted.......................$ 507,798
Total Positions Budgeted 115
1894
GENERAL ACTS AND RESOLUTIONS, VOL. I
5. General Agricultural Field
Forces Budget:
Personal Services.........................$ 1,930,000
Regular Operating Expenses................$ 118,404
Travel....................................$ 188,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 4,000
Equipment Purchases.......................$ 3,900
Computer Charges.........................$ -0-
Real Estate Rentals...............................3,600
Telecommunications..............!.........$ 19,000
Per Diem, Fees and Contracts..............$ 200
Total Funds Budgeted.................... $ 2,267,104
State Funds Budgeted......................$ 2,244,433
Total Positions Budgeted 112
6. Internal Administration Budget:
Personal Services....................... $ 1,217,000
Regular Operating Expenses................$ 214,138
Travel................................... $ 28,000
Motor Vehicle Equipment Purchases.........$ 7,200
Publications and Printing.................$ 18,000
Equipment Purchases.......................$ 6,220
Computer Charges........................ $ 128,362
Real Estate Rentals.......................$ 515,900
Telecommunications...................... $ 43,000
Per Diem, Fees and Contracts..............$ 1,000
Contract - Federation of
Southern Cooperatives..................$ 10,000
Total Funds Budgeted.................... $ 2,188,820
State Funds Budgeted......................$ 2,123,108
Total Positions Budgeted 57
7. Information and Education Budget:
Personal Services.........................$ 143,000
Regular Operating Expenses................$ 14,140
Travel.................................$ 1,100
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 370,000
Equipment Purchases.............................. 4,225
Computer Charges...................... ..$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 6,732
Per Diem, Fees and Contracts..............$ -0-
GEORGIA LAWS 1982 SESSION
1895
Market Bulletin Postage...................$ 748,765
Total Funds Budgeted......................$ 1,287,962
State Funds Budgeted......................$ 1,275,082
Total Positions Budgeted 9
8. Fuel and Measures Standards
Budget:
Personal Services.........................$ 1,250,000
Regular Operating Expenses................$ 232,373
Travel....................................$ 90,100
Motor Vehicle Equipment Purchases.........$ 121,300
Publications and Printing.................$ 6,000
Equipment Purchases.......................$ 21,100
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 15,964
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 1,736,837
State Funds Budgeted......................$ 1,716,004
Total Positions Budgeted 74
9. Consumer Services Budget:
Personal Services.........................$ 640,000
Regular Operating Expenses................$ 66,051
Travel....................................$ 18,000
Motor Vehicle Equipment Purchases.........$ 22,250
Publications and Printing.................$ 6,200
Equipment Purchases..................... $ 2,500
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 20,502
Per Diem, Fees and Contracts..............$ 500
Total Funds Budgeted............a.........$ 776,003
State Funds Budgeted......................$ 768,243
Total Positions Budgeted 30
10. Consumer Protection Field
Forces Budget:
Personal Services.........................$ 2,903,000
Regular Operating Expenses................$ 132,323
Travel....................................$ 174,600
Motor Vehicle Equipment Purchases.........$ 36,150
Publications and Printing.................$ 8,200
Equipment Purchases.......................$ 13,300
1896
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 6,240
Telecommunications........................$ 34,000
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 3,307,813
State Funds Budgeted......................$ 2,581,735
Total Positions Budgeted 134
11. Meat Inspection Budget:
Personal Services.........................$ 2,612,000
Regular Operating Expenses................$ 77,466
Travel....................................$ 175,309
Motor Vehicle Equipment Purchases.........$ 29,000
Publications and Printing.................$ 3,542
Equipment Purchases..................... $ 660
Computer Charges..........................$ -0-
Real Estate Rentals..................... $ -0-
Telecommunications........................$ 19,584
Per Diem, Fees and Contracts..............$ 114,300
Total Funds Budgeted......................$ 3,031,861
State Funds Budgeted.................... $ 1,206,845
Total Positions Budgeted 130
12. Fire Ant Control Budget:
Personal Services.........................$ -0-
Regular Operating Expenses................$ -0-
Travel.............................. ....$ -0-
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ -0-
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ -0-
Per Diem, Fees and Contracts..............$ -0-
Fire Ant Bait (approved
by Federal Government)..................$ 500,000
Total Funds Budgeted......................$ 500,000
State Funds Budgeted......................$ 500,000
Total Positions Budgeted 0
GEORGIA LAWS 1982 SESSION
1897
13. Georgia Agrirama Development
Authority Budget:
Direct Payments to Georgia
Agrirama Development
Authority for Operations...............$ 274,597
Total Funds Budgeted.....................$ 274,597
State Funds Budgeted.....................$ 274,597
Total Positions Budgeted 0
14. Seed Technology and Development
Personal Services........................$ 169,615
Regular Operating Expenses...............$ 7,400
Travel...................................$ 3,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ -0-
Equipment Purchases......................$ -0-
Computer Charges.........................$ -0-
Real Estate Rentals......................$ -0-
Telecommunications.......................$ -0-
Per Diem, Fees and Contracts.............$ -0-
Total Funds Budgeted.....................$ 180,015
State Funds Budgeted.....................$ -0-
Total Positions Budgeted 8
Budget Unit Object Classes:
Personal Services........................$ 18,165,615
Regular Operating Expenses...............$ 2,173,131
Travel...................................$ 888,374
Motor Vehicle Equipment
Purchases..............................$ 347,550
Publications and Printing................$ 480,722
Equipment Purchases......................$ 148,915
Computer Charges.........................$ 128,362
Real Estate Rentals......................$ 528,293
Telecommunications.......................$ 322,696
Per Diem, Fees and Contracts.............$ 249,950
Market Bulletin Postage..................$ 748,765
Fire Ant Bait (approved
by Federal Government).................$ 500,000
Athens Veterinary Laboratory
Contract...............................$ 434,550
Tifton Veterinary Laboratory
Contract...............................$ 796,400
1898
GENERAL ACTS AND RESOLUTIONS, VOL. I
Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton,
Douglas, Oakwood, Royston
Statesboro and Tifton.................. $ 955,000
Veterinary Fees............................$ 525,000
Indemnities................................$ 75,000
Advertising Contract.......................$ 90,000
Direct Payments to Georgia
Agrirama Development Authority
for Operations...........................$ 274,597
Repairs to Major and
Minor Markets............................$ 400,000
Contract - Federation of
Southern Cooperatives....................$ 10,000
Capital Outlay.............................$ -0-
Total Positions Budgeted 952
Authorized Motor Vehicles 259
Provided, that of the above appropriation rela-
tive to Regular Operating Expenses, $45,000 is
designated and committed for livestock shows
relating to research and promoting and $10,000 is
designated and committed for poultry shows relat-
ing 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).
It is the intent of this General Assembly that
the Department of Agriculture shall not increase
farmers market gate fees for Georgia farmers and
that no new fees be imposed on Georgia farmers.
Provided however, of the above appropriated
amount, $25,000 is designated and committed for
on-farm testing for brucellosis in cattle to be
transported out of Georgia.
GEORGIA LAWS 1982 SESSION
1899
B. Budget Unit: Georgia Agrirama
Development Authority...........$ -0-
Georgia Agrirama Development
Authority Budget:
Personal Services........................$ 451,000
Regular Operating Expenses...............$ 100,000
Travel...................................$ 6,732
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 14,610
Equipment Purchases......................$ 625
Computer Charges....................... $ -0-
Real Estate Rentals......................$ -0-
Telecommunications.......................$ 5,700
Per Diem, Fees and Contracts.............$ 26,488
Capital Outlay...........................$ 41,950
Goods for Resale.........................$ 91,885
Sales Tax................................$ 10,300
Total Funds Budgeted...........................749,290
State Funds Budgeted.....................$ -0-
Total Positions Budgeted 27
Budget Unit Object Classes:
Personal Services........................$ 451,000
Regular Operating Expenses...............$ 100,000
Travel...................................$ 6,732
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 14,610
Equipment Purchases......................$ 625
Computer Charges.........................$ -0-
Real Estate Rentals......................$ -0-
Telecommunications.......................$ 5,700
Per Diem, Fees and Contracts.............$ 26,488
Capital Outlay...........................$ 41,950
Sales Tax................................$ 10,300
Goods for Resale.........................$ 91,885
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.
1900
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 15. Department of Banking
and Finance.
Budget Unit: Department of Banking
and Finance.......................$ 3,158,431
Administration and Examination Budget:
Personal Services........................$ 2,610,000
Regular Operating Expenses...............$ 142,485
Travel...................................$ 234,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 36,000
Equipment Purchases......................$ 6,100
Computer Charges.........................$ 9,889
Real Estate Rentals......................$ 117,450
Telecommunications.......................$ 31,400
Per Diem, Fees and Contracts.............$ 2,000
Total Funds Budgeted.....................$ 3,189,324
State Funds Budgeted.....................$ 3,158,431
Total Positions Budgeted 102
Budget Unit Object Classes:
Personal Services........................$ 2,610,000
Regular Operating Expenses...............$ 142,485
Travel...................................$ 234,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing.............. $ 36,000
Equipment Purchases......................$ 6,100
Computer Charges....................... $ 9,889
Real Estate Rentals......................$ 117,450
Telecommunications.......................$ 31,400
Per Diem, Fees and Contracts.............$ 2,000
Total Positions Budgeted 102
Authorized Motor Vehicles 21
Section 16. Department of Community
Affairs.
A. Budget Unit: Department of
Community Affairs................$ 4,273,114
1. Executive and Administrative Budget:
Personal Services.......................$ 616,450
Regular Operating Expenses..............$ 40,610
Travel..................................$ 12,000
Motor Vehicle Equipment Purchases.......$ -0-
Publications and Printing...............$ 7,500
GEORGIA LAWS 1982 SESSION 1901
Equipment Purchases........................$ -0-
Computer Charges...........................$ 100
Real Estate Rentals........................$ 95,179
Telecommunications.........................$ 11,000
Per Diem, Fees and Contracts...............$ 9,000
Capital Felony Expenses................... $ 50,000
Multi-State Transportation Board...........$ 10,000
Grants to Area Planning and
Development Commissions..................$ 1,350,000
Grants for Revitalization
Projects.................................$ 160,000
Local Assistance Grants.................. $ 348,000
Total Funds Budgeted.......................$ 2,709,839
State Funds Budgeted.......................$ 2,495,364
Total Positions Budgeted 21
2. Technical Assistance Budget:
Personal Services..........................$ 452,635
Regular Operating Expenses.................$ 21,950
Travel.....................................$ 34,000
Motor Vehicle Equipment Purchases..........$ 6,200
Publications and Printing..................$ 10,100
Equipment Purchases........................$ 530
Computer Charges...........................$ 900
Real Estate Rentals....................'..$ 26,396
Telecommunications.........................$ 11,550
Per Diem, Fees and Contracts...............$ 24,100
Total Funds Budgeted.......................$ 588,361
State Funds Budgeted.......................$ 568,617
Total Positions Budgeted 17
3. Information Services Budget:
Personal Services..........................$ 243,800
Regular Operating Expenses.................$ 7,240
Travel................................... $ 5,600
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 2,500
Equipment Purchases....................... $ -0-
Computer Charges...........................$ 1,500
Real Estate Rentals........................$ 8,858
Telecommunications.........................$ 3,000
Per Diem, Fees and Contracts...............$ 5,600
Postage....................................$ -0-
Juvenile Justice Grant.....................$ 1,000,000
1902
GENERAL ACTS AND RESOLUTIONS, VOL. I
Capital Outlay...........................$ -0-
Total Funds Budgeted.....................$ 1,278,098
State Funds Budgeted.......|.............$ 160,621
Total Positions Budgeted 9
4. Community Betterment Budget:
Personal Services........................$ 300,770
Regular Operating Expenses...............$ 11,060
Travel...................................$ 20,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 4,000
Equipment Purchases...............................-0-
Computer Charges.........................$ -0-
Real Estate Rentals......................$ 14,047
Telecommunications.......................$ 7,300
Per Diem, Fees and Contracts.............$ 5,450
Total Funds Budgeted.....................$ 362,627
State Funds Budgeted.....................$ 359,001
Total Positions Budgeted 11
5. Community Development Budget:
Personal Services........................$ 755,410
Regular Operating Expenses...............$ 25,965
Travel...................................$ 61,320
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 22,300
Equipment Purchases.................... $ -0-
Computer Charges........................ $ 4,500
Real Estate Rentals.................... $ 41,280
Telecommunications..................... $ 39,800
Per Diem, Fees and Contracts.............$ 45,600
Appalachian Regional Commission
Assessment.............................$ 56,720
Total Funds Budgeted.....................$ 1,052,895
State Funds Budgeted.....................$ 689,511
Total Positions Budgeted 28
Budget Unit Object Classes:
Personal Services........................$ 2,369,065
Regular Operating Expenses...............$ 106,825
Travel................................. $ 132,920
Motor Vehicle Equipment Purchases........$ 6,200
Publications and Printing................$ 46,400
Equipment Purchases......................$ 530
GEORGIA LAWS 1982 SESSION
1903
Computer Charges...........................$ 7,000
Real Estate Rentals........................$ 185,760
Telecommunications.........................$ 72,650
Per Diem, Fees and Contracts...............$ 89,750
Capital Felony Expenses....................$ 50,000
Grants to Area Planning and
Development Commissions..................$ 1,350,000
Local Assistance Grants....................$ 348,000
Grants to Revitalization
Projects.................................$ 160,000
Appalachian Regional Commission
Assessment...............................$ 56,720
Multi-State Transportation Board...........$ 10,000
Juvenile Justice Grants....................$ 1,000,000
Total Positions Budgeted 86
Authorized Motor Vehicles 4
Provided that of the above appropriations
$10,000 is designated and committed for The
Multi-State Transportation Board.
Provided, that of the above appropriation
relating to Grants for Revitalization Projects,
$160,000 is designated and committed for grants to
cities and counties for revitalization projects in
depressed downtown areas.
Provided, however, that of the above appropri-
ation relative to grants to Area Planning and
Development Commissions, $1,350,000.00 is desig-
nated and committed for Area Planning and
Development Commissions to carry out their
duties as defined in Code Chapter 50-8-35(1), (2)
and (4).
B. Budget Unit: Georgia Residential
Finance Authority...................$ -0-
Georgia Residential Finance
Authority Budget:
Personal Services...........................$ 1,666,686
Regular Operating Expenses..................$ 176,864
Travel......................................$ 85,400
1904
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment
Purchases...............................$ 55,000
Publications and Printing.................$ 40,500
Equipment Purchases.......................$ 32,750
Computer Charges..........................$ 14,500
Real Estate Rentals.......................$ 102,556
Telecommunications........................$ 75,500
Per Diem, Fees and Contracts..............$ 300,650
Rental Assistance Payments................$ 10,264,214
Grants to Housing Sponsors................$ 475,000
Total Funds Budgeted......................$ 13,289,620
State Funds Budgeted......................$ -0-
Total Positions Budgeted 73
Authorized Motor Vehicles 29
Budget Unit Object Classes:
Personal Services.........................$ 1,666,686
Regular Operating Expenses................$ 176,864
Travel....................................$ 85,400
Motor Vehicle Equipment
Purchases...............................$ 55,000
Publications and Printing.................$ 40,500
Equipment Purchases.......................$ 32,750
Computer Charges........................ $ 14,500
Real Estate Rentals.......................$ 102,556
Telecommunications........................$ 75,500
Per Diem, Fees and Contracts..............$ 300,650
Rental Assistance Payments................$ 10,264,214
Grants to Housing Sponsors................$ 475,000
Total Positions Budgeted 73
Authorized Motor Vehicles 29
Section 17. Office of Comptroller
General.
Budget Unit: Office of Comptroller
General..........................$ 5,589,561
1. Internal Administration Budget:
Personal Services........................$ 501,600
Regular Operating Expenses................$ 90,028
Travel....................................$ 5,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 7,500
Equipment Purchases.......................$ 165
GEORGIA LAWS 1982 SESSION
1905
Computer Charges..........................$ 232,080
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 14,538
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 851,411
State Funds Budgeted.................... $ 833,257
Total Positions Budgeted 21
2. Insurance Regulation Budget:
Personal Services...................JS....$ 1,009,987
Regular Operating Expenses......... .....$ 48,735
Travel....................................$ 6,750
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 101,940
Equipment Purchases..................... $ 2,480
Computer Charges..........................$ 49,185
Real Estate Rentals.......................$ 20,195
Telecommunications........................$ 23,888
Per Diem, Fees and Contracts..............$ 3,000
Computer Equipment and
Feasibility Study.......................$ -0-
Total Funds Budgeted......................$ 1,266,160
State Funds Budgeted......................$ 1,169,503
Total Positions Budgeted 46
3. Industrial Loans Regulation
Budget:
Personal Services.........................$ 342,000
Regular Operating Expenses................$ 21,094
Travel....................................$ 19,000
Motor Vehicle Equipment Purchases.........$ 5,500
Publications and Printing.................$ 5,250
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 5,592
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 398,436
State Funds Budgeted......................$ 394,507
Total Positions Budgeted 14
1906
GENERAL ACTS AND RESOLUTIONS, VOL. I
4. Information and Enforcement
Budget:
Personal Services.........................$ 930,000
Regular Operating Expenses................$ 36,935
Travel....................................$ 28,224
Motor Vehicle Equipment Purchases.........$ 7,250
Publications and Printing.................$ 3,400
Equipment Purchases.......................$ 800
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 21,753
Telecommunications........................$ 31,578
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 1,059,940
State Funds Budgeted......................$ 1,049,341
Total Positions Budgeted 45
5. Fire Safety and Mobile Home
Regulation Budget:
Personal Services.........................$ 2,094,000
Regular Operating Expenses................$ 94,274
Travel....................................$ 135,000
Motor Vehicle Equipment Purchases.........$ 93,000
Publications and Printing.................$ 16,500
Equipment Purchases.......................$ 2,172
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 36,844
Telecommunications........................$ 27,297
Per Diem, Fees and Contracts..............$ 10,000
Total Funds Budgeted......................$ 2,509,087
State Funds Budgeted......................$ 2,142,953
Total Positions Budgeted 104
Budget Unit Object Classes:
Personal Services.........................$ 4,877,587
Regular Operating Expenses................$ 291,066
Travel....................................$ 194,474
Motor Vehicle Equipment Purchases.........$ 105,750
Publications and Printing.................$ 134,590
Equipment Purchases.......................$ 5,617
Computer Charges..........................$ 281,265
Real Estate Rentals.......................$ 78,792
Telecommunications........................$ 102,893
GEORGIA LAWS 1982 SESSION
1907
Computer Equipment and
Feasibility Study.......................$ -0-
Per Diem, Fees and Contracts..............$ 13,000
Total Positions Budgeted 230
Authorized Motor Vehicles 57
Section 18. Department of Defense.
Budget Unit: Department of Defense............$ 2,691,898
Is Administration and Support of
State Militia Budget:
Personal Services.........................$ 858,500
Regular Operating Expenses................$ 99,200
Travel....................................$ 3,000
Motor Vehicle Equipment Purchases.........$ 8,000
Publications and Printing.................$ 20,850
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 23,500
Per Diem, Fees and Contracts..............$ 19,800
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......................$ 1,090,850
State Funds Budgeted......................$ 1,065,225
Total Positions Budgeted 36
2. Civil Defense Budget:
Personal Services....................... $ 794,306
Regular Operating Expenses................$ 103,920
Travel.................................. $ 17,400
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 14,100
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 3,600
Telecommunications......................$ 32,500
Per Diem, Fees and Contracts..............$ 26,000
Local Civil Defense Grants -
Project Application.......................$ 30,000
1908
GENERAL ACTS AND RESOLUTIONS, VOL. I
Local Civil Defense
Grants - Training.......................$ 45,000
Total Funds Budgeted......................$ 1,066,826
State Funds Budgeted......................$ 556,063
Total Positions Budgeted 33
3. Construction and Facilities
Maintenance Budget:
Personal Services.........................$ 112,250
Regular Operating Expenses................$ 118,140
Travel....................................$ 2,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ -0-
Equipment Purchases.......................$ 18,700
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ -0-
Per Diem, Fees and Contracts..............$ 1,500
Grants to National Guard Units............$ 362,140
Repairs and Renovations...................$ 43,000
Capital Outlay............................$ 5,242
Total Funds Budgeted......................$ 662,972
State Funds Budgeted......................$ 660,446
Total Positions Budgeted 5
4. Disaster Preparedness and Recovery
Budget:
Personal Services.........................$ 268,950
Regular Operating Expenses................$ 17,540
Travel....................................$ 13,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 6,500
Equipment Purchases.......................$ 350
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 5,000
Telecommunications........................$ 3,250
Per Diem, Fees and Contracts..............$ 600
Total Funds Budgeted......................$ 315,190
State Funds Budgeted......................$ 21,648
Total Positions Budgeted 12
5. Service Contracts Budget:
Personal Services.........................$ 2,062,519
Regular Operating Expenses................$ 1,677,760
GEORGIA LAWS 1982 SESSION 1909
Travel.....................................$ 2,100
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-
Repairs and Renovations....................$ 75,000
Total Funds Budgeted.......................$ 3,817,379
State Funds Budgeted.......................$ 388,516
Total Positions Budgeted 121
Budget Unit Object Classes:
Personal Services..........................$ 4,096,525
Regular Operating Expenses.................$ 2,016,560
Travel.....................................$ 37,500
Motor Vehicle Equipment Purchases..........$ 8,000
Publications and Printing..................$ 41,450
Equipment Purchases........................$ 19,050
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 8,600
Telecommunications....................... $ 59,250
Per Diem, Fees and Contracts...............$ 47,900
Military Assistance to
Safety and Traffic Grant.................$ -0-
National Guard Units Grants................$ 362,140
Georgia Military Institute Grant...........$ 18,000
Civil Air Patrol Contract..................$ 40,000
Capital Outlay.............................$ 5,242
Local Civil Defense Grants -
Project Application......................$ 30,000
Local Civil Defense
Grants - Training........................$ 45,000
Repairs and Renovations....................$ 118,000
Total Positions Budgeted 207
Authorized Motor Vehicles 20
Section 19. State Board of Education -
Department of Education.
A. Budget Unit: Department of
Education.......................$1,330,677,009
1910
GENERAL ACTS AND RESOLUTIONS, VOL. I
1. Instructional Services Budget:
Personal Services...........................$ 4,212,485
Regular Operating Expenses..................$ 807,420
Travel.................................. $ 284,040
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 283,980
Equipment Purchases.........................$ 22,845
Real Estate Rentals.........................$ 152,900
Telecommunications.........................$ 118,510
Per Diem, Fees and Contracts................$ 140,250
Utilities...................................$ 4,000
Total Funds Budgeted........................$ 6,026,430
Indirect DOAS Services
Funding..................................$ 51,000
State Funds Budgeted........................$ 3,492,599
Total Positions Budgeted 189
2. Governors Honors Program Budget:
Personal Services...........................$ 272,420
Regular Operating Expenses..................$ 24,635
Travel.................................... $ 3,395
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 1,600
Equipment Purchases.........................$ 1,000
Real Estate Rentals.........................$ 2,880
Telecommunications........................ $ 5,695
Per Diem, Fees and Contracts................$ 355,920
Total Funds Budgeted........................$ 667,545
State Funds Budgeted...................... $ 660,870
Total Positions Budgeted 2
3. Vocational Education Budget:
Personal Services......................... $ 2,897,980
Regular Operating Expenses..................$ 174,120
Travel......................................$ 223,725
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 66,040
Equipment Purchases.........................$ 7,385
Real Estate Rentals.........................$ 151,520
Telecommunications..........................$ 87,930
Per Diem, Fees and Contracts................$ 2,251,200
Utilities...................................$ 11,870
Total Funds Budgeted........................$ 5,871,770
GEORGIA LAWS 1982 SESSION 1911
State Funds Budgeted.......................$ 2,068,084
Total Positions Budgeted 111
4. Public Library Services Budget:
Personal Services..........................$ 906,000
Regular Operating Expenses.................$ 173,240
Travel.....................................$ 16,625
Publications and Printing..................$ 13,000
Equipment Purchases........................$ 6,200
Real Estate Rentals........................$ 152,065
Telecommunications.........................$ 38,760
Per Diem, Fees and Contracts...............$ 85,200
Utilities..................................$ 11,710
Total Funds Budgeted.......................$ 1,402,800
State Funds Budgeted.......................$ 801,954
Total Positions Budgeted 52
5. State Administration Budget:
Personal Services..........................$ 926,000
Regular Operating Expenses.................$ 251,870
Travel.....................................$ 37,555
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 14,000
Equipment Purchases........................$ 6,000
Real Estate Rentals........................$ 56,330
Telecommunications.........................$ 26,590
Per Diem, Fees and Contracts...............$ 242,000
Total Funds Budgeted.......................$ 1,560,345
State Funds Budgeted.......................$ 1,189,188
Total Positions Budgeted 32
6. Administrative Services Budget:
Personal Services..........................$ 4,900,000
Regular Operating Expenses.................$ 229,625
Travel.....................................$ 339,095
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 182,835
Equipment Purchases........................$ 17,525
Computer Charges...........................$ 857,250
Real Estate Rentals........................$ 261,340
Telecommunications.........................$ 117,720
Per Diem, Fees and Contracts...............$ 74,250
Utilities..................................$ 6,895
Total Funds Budgeted.......................$ 6,986,535
1912
GENERAL ACTS AND RESOLUTIONS, VOL. I
Indirect DOAS Services Funding...........$ 289,000
State Funds Budgeted.....................$ 4,428,312
Total Positions Budgeted 219
7. Certification of Public
School Personnel Budget:
Personal Services.........................$ 536,640
Regular Operating Expenses................$ 30,135
Travel....................................$ 1,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 7,500
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 30,000
Telecommunications........................$ 17,820
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted.................... $ 623,595
State Funds Budgeted......................$ 579,716
Total Positions Budgeted 32
8. Planning and Development Budget:
Personal Services........................$ 2,201,430
Regular Operating Expenses................$ 74,495
Travel........................4..........$ 100,305
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 73,650
Equipment Purchases................... $ 5,350
Real Estate Rentals.......................$ 95,230
Telecommunications...................... $ 56,885
Per Diem, Fees and Contracts..................1,294,460
Total Funds Budgeted......................$ 3,901,805
State Funds Budgeted.....................$ 3,143,606
Total Positions Budgeted 79
9. Professional Standards
Commission Budget:
Personal Services....................... $ 55,220
Regular Operating Expenses.............. $ 10,090
Travel....................................$ 2,000
Publications and Printing.................$ 6,050
Equipment Purchases................... $ -0-
Real Estate Rentals.......................$ 4,700
Telecommunications........................$ 3,100
Per Diem, Fees and Contracts..............$ 49,645
GEORGIA LAWS 1982 SESSION
1913
Total Funds Budgeted......................$ 130,805
State Funds Budgeted......................$ 129,497
Total Positions Budgeted 2
10. Vocational Advisory
Council Budget:
Personal Services.........................$ 80,045
Regular Operating Expenses................$ 14,160
Travel....................................$ 7,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 10,000
Equipment Purchases.......................$ 2,600
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 7,000
Telecommunications........................$ 3,830
Per Diem, Fees and Contracts..............$ 25,000
Total Funds Budgeted......................$ 149,635
State Funds Budgeted......................$ -0-
Total Positions Budgeted 3
11. Professional Practices
Commission Budget:
Personal Services.........................$ 215,000
Regular Operating Expenses................$ 9,585
Travel....................................$ 12,640
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 1,600
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 20,150
Telecommunications........................$ 5,930
Per Diem, Fees and Contracts..............$ 46,000
Total Funds Budgeted......................$ 310,905
State Funds Budgeted......................$ 308,096
Total Positions Budgeted 8
12. Local Programs Budget:
APEG Grants:
Salaries of Instructional
Personnel (Sec. 10(a) (1)
and 10(a) (2)) (Code
Section 20-2-157(a)).................$ 544,949,673
1914
GENERAL ACTS AND RESOLUTIONS, VOL. I
Salaries of Instructional
Personnel (Sec. 5) (Code
Section 20-2-152)......................$ 94,051,289
Salaries of Instructional
Personnel..............................$ 21,550,825
Salaries of Student
Supportive Personnel...................$ 23,955,725
Salaries of Administrative
and Supervisory
Personnel..............................$ 63,945,511
Special Education
Leadership Personnel...................$ 3,025,845
Instructional Media.................... $ 19,781,030
Instructional Equipment..................$ 684,906
Maintenance and Operation................$ 92,292,081
Sick and Personal Leave..................$ 5,494,770
Travel...................................$ 1,004,534
Pupil Transportation.....................$ 81,662,900
Isolated Schools.........................$ 507,354
Mid-Term Adjustment......................$ -0-
Non-APEG Grants:
Education of Children of
Low-Income Families....................$ 74,806,645
Teacher Retirement..................... $ 93,462,616
Instructional Services for
the Handicapped........................$ 21,441,620
Preparation of Professional
Personnel in Education
of Handicapped Children................$ 65,000
Tuition for the Multi-
handicapped .............................$ 1,172,000
Severely Emotionally
Disturbed..............................$ 15,229,291
Compensatory Education...................$ 16,331,747
School Lunch (Federal)...................$ 101,184,050
School Lunch (State).....................$ 14,565,705
Supplementary Education
Centers and Services...................$ -0-
Staff Development........................$ 927,500
Supervision and Assessment
of Students and Beginning
Teachers and Performance
Based Certification....................$ 3,568,657
GEORGIA LAWS 1982 SESSION
1915
Cooperative Educational
Service Agencies......................$ 3,816,447
Superintendents Salaries................$ 4,670,931
High School Program......................$ 26,736,897
Area Vocational-Technical
Schools...............................$ 57,467,362
Junior College Vocational
Program...............................$ 2,468,383
Quick Start Program......................$ 2,800,000
Comprehensive Employment
and Training..........................$ 3,595,000
Vocational Research and
Curriculum............................$ 974,980
Adult Education..........................$ 3,621,358
Salaries and Travel of
Public Librarians.....................$ 4,218,764
Public Library Materials.................$ 3,515,912
Talking Book Centers.....................$ 684,527
Public Library Maintenance
and Operation.........................$ 2,671,286
Public Library Construction..............$ -0-
Competency-Based High School
Graduation Requirements...............$ 250,000
Instructional Aides......................$ 8,907,836
Teacher Health Insurance.................$ 32,339,000
Capital Outlay...........................$ 225,000
Grants to Local School
Systems for Educational
Purposes..............................$ 75,000,000
Indo-Chinese Refugee.....................$ -0-
Salaries of Extended
Pre-School Personnel..................$ 10,099,424
Chapter II - Block Grant
Flow Through..........................$ 8,879,225
Area Vocational Technical
School Construction...................$ -0-
Total Funds Budgeted.......................$1,548,603,606
State Funds Budgeted.......................$1,313,875,087
Total Positions Budgeted 0
Budget Unit Object Classes:
Personal Services..........................$ 17,203,220
Regular Operating Expenses.................$ 1,799,375
Travel.....................................$ 1,027,880
1916
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing...................$ 660,255
Equipment Purchases.........................$ 68,905
Computer Charges............................$ 857,250
Real Estate Rentals.........................$ 934,115
Telecommunications..........................$ 482,770
Per Diem, Fees and Contracts................$ 4,563,925
Utilities...................................$ 34,475
APEG Grants:
Salaries of Instructional
Personnel (Sec. 10(a) (1)
and 10(a) (2)) (Code
Section 20-2-157(a))...................$ 544,949,673
Salaries of Instructional
Personnel (Sec. 5) (Code
Section 20-2-152)......................$ 94,051,289
Salaries of Instructional
Personnel..............................$ 21,550,825
Salaries of Student
Supportive Personnel...................$ 23,955,725
Salaries of Administrative
and Supervisory
Personnel..............................$ 63,945,511
Special Education
Leadership Personnel...................$ 3,025,845
Instructional Media......................$ 19,781,030
Instructional Equipment..................$ 684,906
Maintenance and Operation................$ 92,292,081
Sick and Personal Leave.........,.......$ 5,494,770
Travel...................................$ 1,004,534
Pupil Transportation -
Regular................................$ 81,662,900
Isolated Schools.........................$ 507,354
Mid-Term Adjustment......................$ -0-
Non-APEG Grants:
Education of Children of
Low-Income Families....................$ 74,806,645
Teacher Retirement.......................$ 93,462,616
Instructional Services for
the Handicapped........................$ 21,441,620
GEORGIA LAWS 1982 SESSION
1917
Preparation of Professional
Personnel in Education
of Handicapped Children................$ 65,000
Tuition for the Multi-
handicapped ............................ $ 1,172,000
Severely Emotionally
Disturbed............................. $ 15,229,291
Compensatory Education....................$ 16,331,747
School Lunch (Fed.).......................$ 101,184,050
School Lunch (State)......................$ 14,565,705
Supplementary Education
Centers and Services...................$ -0-
Staff Development.........MHM............$ 927,500
Supervision and Assessment
of Students and Beginning
Teachers and Performance
Based Certification....................$ 3,568,657
Cooperative Educational
Service Areas..........................$ 3,816,447
Superintendents Salaries..................$ 4,670,931
High School Program.......................$ 26,736,897
Area School Program.......................$ 57,467,362
Junior College Program................... $ 2,468,383
Quick Start........................... $ 2,800,000
Comprehensive Employment
and Training...........................$ 3,595,000
Vocational Research and
Curriculum.............................$ 974,980
Adult Education...........................$ 3,621,358
Salaries and Travel of
Public Librarians......................$ 4,218,764
Public Library Materials..................$ 3,515,912
Talking Book Centers......................$ 684,527
Public Library M & O......................$ 2,671,286
Public Library Construction...............$ -0-
Competency-Based High School
Graduation Requirements................$ 250,000
Instructional Aides.......................$ 8,907,836
Teacher Health Insurance................ $ 32,339,000
Capital Outlay........................ $ 225,000
Grants to Local School
Systems for Educational
Purposes...............................$ 75,000,000
Indo-Chinese Refugee......................$ -0-
1918
GENERAL ACTS AND RESOLUTIONS, VOL. I
Salaries of Extended
Pre-School Personnel....................$ 10,099,424
Area Vo-Tech School
Construction............................$ -0-
Chapter II - Block Grant
Flow Through...............................$ 8,879,225
Total Positions Budgeted 729
Authorized Motor Vehicles 17
B. Budget Unit: Institutions.....................$ 14,364,847
1. Georgia Academy for the Blind
Budget:
Personal Services...........................$ 2,393,390
Regular Operating Expenses..................$ 270,300
Travel......................................$ 3,150
Motor Vehicle Equipment Purchases...........$ 38,880
Publications and Printing...................$ 3,845
Equipment Purchases.........................$ 30,000
Telecommunications..........................$ 16,700
Per Diem, Fees and Contracts................$ 8,500
Utilities...................................$ 163,165
Capital Outlay............................ $ 12,000
Total Funds Budgeted.......................$ 2,939,930
State Funds Budgeted........................$ 2,649,107
Total Positions Budgeted 154
2. Georgia School for the Deaf
Budget:
Personal Services...........................$ 4,264,300
Regular Operating Expenses..................$ 553,925
Travel............................... $ 9,500
Motor Vehicle Equipment Purchases...........$ 26,900
Publications and Printing........... ......$ -0-
Equipment Purchases.........................$ 19,220
Telecommunications..........................$ 21,285
Per Diem, Fees and Contracts................$ 12,650
Utilities............................... $ 306,000
Capital Outlay..............................$ 4,000
Total Funds Budgeted...................... $ 5,217,780
State Funds Budgeted........................$ 4,810,541
Total Positions Budgeted 265
GEORGIA LAWS 1982 SESSION
1919
3. Atlanta Area School for the Deaf
Budget:
Personal Services..........................$ 1,722,610
Regular Operating Expenses.................$ 184,359
Travel.....................................$ 3,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 1,500
Equipment Purchases...................... $ 39,900
Telecommunications.........................$ 21,025
Per Diem, Fees and Contracts...............$ 6,000
Utilities..................................$ 110,000
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 2,088,894
State Funds Budgeted.......................$ 1,856,669
Total Positions Budgeted 94
4. North Georgia Vocational-Technical
School Budget:
Personal Services..........................$ 2,291,810
Regular Operating Expenses.................$ 674,195
Travel.....................................$ 16,630
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 6,000
Equipment Purchases........................$ 244,685
Telecommunications.........................$ 15,265
Per Diem, Fees and Contracts...............$ -0-
Utilities................................ $ 274,480
Capital Outlay.............................$ 129,214
Total Funds Budgeted.......................$ 3,652,279
State Funds Budgeted.......................$ 2,672,688
Total Positions Budgeted 104
5. South Georgia Vocational-Technical
School Budget:
Personal Services..........................$ 1,896,420
Regular Operating Expenses.................$ 508,825
Travel.....................................$ 15,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 4,500
Equipment Purchases........................$ 235,430
Telecommunications....................... $ 17,290
Per Diem, Fees and Contracts...............$ 11,750
Utilities..................................$ 260,000
Capital Outlay.............................$ 55,000
1920
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted...................... $ 3,004,215
State Funds Budgeted........................$ 2,375,842
Total Positions Budgeted 94
Budget Unit Object Classes:
Personal Services...........................$ 12,568,530
Regular Operating Expenses..................$ 2,191,604
Travel......................................$ 47,780
Motor Vehicle Equipment
Purchases................................$ 65,780
Publications and Printing...................$ 15,845
Equipment Purchases.........................$ 569,235
Telecommunications..........................$ 91,565
Per Diem, Fees and Contracts................$ 38,900
Utilities...................................$ 1,113,645
Capital Outlay..............................$ 200,214
Total Positions Budgeted 711
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.
GEORGIA LAWS 1982 SESSION
1921
Provided, that of the above appropriation rela-
tive to Kindergarten Transportation, funds shall
initially be allotted to local school systems on the
basis of projected miles for mid-day transporta-
tion. 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 $10,883 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 prior to such unit
being filled.
1922
GENERAL ACTS AND RESOLUTIONS, VOL. I
Furthermore, the Section 5 (Code Section 20-2-
152) teaching units so allocated to an eligible local
unit shall remain a part of that local units allot-
ment 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
(Code Section 20-2-158).
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) (Code Sec-
tion 20-2-157(b)(2)) and Section 15 (M&O) (Code
Section 20-2-160).
Provided, that of the above appropriation for
$927,500 for Staff Development, $92,750 is desig-
nated and committed to fund a State level staff
development program specifically for Special Edu-
cation Teachers (Section 5) (Code Section 20-2-
152) 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(d)(2) of
GEORGIA LAWS 1982 SESSION
1923
APEG (Code Sections 20-2-152, 20-2-153, 20-2-
157, 20-2-181, and 20-2-181(d)(2)) for salaries,
funds may be moved between said Sections by an
amendment to the annual operating budget during
the final month of the State fiscal year 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
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.
1983 entitlements were sufficient to cover eligible
projects (pursuant to Section 48 of APEG) (Code
Section 20-2-250), based on a total state entitle-
ment of $100 million for F.Y. 1983.
Provided, that of the above appropriation, rela-
tive to Capital Outlay, upon the merger of the
Jackson County, Commerce and Jefferson City
School Systems, $150,000 is designated and com-
mitted for planning and architectural design of the
additional facilities needed to house comprehen-
sive education programs at Commerce and
Jefferson High Schools.
Provided, that from the above appropriated
amount for the High School Program-Local Pro-
gram Budget up to $51,000, if available, is autho-
rized to purchase vocational equipment for the
Dodge County Comprehensive High School.
1924
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, that from the above appropriated
amount for the High School Program-Local Pro-
gram Budget, $25,000 is designated and committed
for the purchase of vocational equipment for
Miller County High School.
vocational technical schools shall not
authorizedfo'OffacOTaward associate
ate or graduate degreeSTkut^iaHHblfauthorizi
award diplomas oj^ertfflcatesr'fet^atisfai
completioa^ef"afeas of study prescribe3^by4Jie
Soard of Education.
notpev
Provided, that of the above appropriation rela-
tive to compensatory education, $3,585,000 is des-
ignated and committed for a compensatory educa-
tion program for students in grade 10 and shall be
used for remedial purposes only. These funds will
be used for compensatory education teachers and
auxiliary personnel in programs for students who
fail or are at risk of failing to achieve the minimum
standard level on the Georgia Basic Skills Test.
Funds shall be distributed at the rate of $250 per
student in grade 10 failing to achieve the minimum
standard score on the math test or the reading test.
Section 20. Employees Retirement System.
Budget Unit: Employees Retirement
System........................ $ -0-
Employees Retirement System Budget:
Personal Services.......................$ 547,661
Regular Operating Expenses..............$ 13,650
Travel.............................. $ 8,400
Motor Vehicle Equipment Purchases.......$ -0-
Publications and Printing...............$ 12,600
Equipment Purchases................... $ 4,500
Computer Charges.................... $ 166,377
Real Estate Rentals................... $ 55,535
Telecommunications......................$ 11,633
Per Diem, Fees and Contracts............$ 386,725
Postage.................................$ 46,360
GEORGIA LAWS 1982 SESSION
1925
Employer Contribution......................$ -0-
Total Funds Budgeted.......................$ 1,253,441
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 28
Budget Unit Object Classes:
Personal Services..........................$ 547,661
Regular Operating Expenses.................$ 13,650
Travel.....................................$ 8,400
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 12,600
Equipment Purchases........................$ 4,500
Computer Charges...........................$ 166,377
Real Estate Rentals........................$ 55,535
Telecommunications.........................$ 11,633
Per Diem, Fees and Contracts...............$ 386,725
Postage..........................|........$ 46,360
Employer Contribution.............'.......$ -0-
Total Positions Budgeted 28
Authorized Motor Vehicles 1
Section 21. Forestry Commission.
Budget Unit: Forestry Commission..............$ 21,114,448
1. Reforestation Budget:
Personal Services.........................$ 926,485
Regular Operating Expenses................$ 774,345
Travel....................................$ 5,200
Motor Vehicle Equipment Purchases.........$ 12,575
Publications and Printing.................$ 2,325
Equipment Purchases.......................$ 10,600
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 10,225
Per Diem, Fees and Contracts..............$ 16,560
Capital Outlay............................$ -0-
Total Funds Budgeted......................$ 1,758,315
State Funds Budgeted......................$ 420,503
Total Positions Budgeted 34
2. Field Services Budget:
Personal Services.........................$ 14,923,195
Regular Operating Expenses................$ 3,717,125
Travel....................................$ 90,000
1926
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment
Purchases...............................$ 868,275
Publications and Printing............... $ 23,300
Equipment Purchases..................... $ 1,363,830
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 10,130
Telecommunications........................$ 450,000
Per Diem, Fees and Contracts..............$ 38,345
Ware County Grant.........................$ 60,000
Capital Outlay............................$ 150,000
Total Funds Budgeted......................$ 21,694,200
State Funds Budgeted......................$ 18,899,918
Total Positions Budgeted 807
3. General Administration and
Support Budget:
Personal Services.........................$ 657,995
Regular Operating Expenses................$ 98,170
Travel...................................$ 16,060
Motor Vehicle Equipment Purchases.........$ 12,815
Publications and Printing.................$ 43,500
Equipment Purchases.......................$ 2,550
Computer Charges..........................$ 199,755
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 18,200
Per Diem, Fees and Contracts..............$ 5,685
Contractual Research.................... $ 352,000
Herty Foundation..........................$ -0-
Total Funds Budgeted.................... $ 1,406,730
State Funds Budgeted.................... $ 1,394,027
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 4
Budget Unit Object Classes:
Personal Services.........................$ 16,507,675
Regular Operating Expenses................$ 4,589,640
Travel....................................$ 111,260
GEORGIA LAWS 1982 SESSION 1927
Motor Vehicle Equipment
Purchases..............................$ 893,665
Publications and Printing................$ 69,125
Equipment Purchases......................$ 1,376,980
Computer Charges.........................$ 199,755
Real Estate Rentals......................$ 10,130
Telecommunications.......................$ 478,425
Per Diem, Fees and Contracts.............$ 60,590
Contractual Research.....................$ 352,000
Ware County Grant........................$ 60,000
Herty Foundation.........................$ -0-
Wood Energy Program......................$ 400,000
Capital Outlay...........................$ 150,000
Total Positions Budgeted 870
Authorized Motor Vehicles 751
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.....................$ 16,050,491
1. General Administration Budget:
Personal Services.........................$ 515,953
Regular Operating Expenses................$ 81,019
Travel....................................$ 6,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 4,000
Equipment Purchases.......................$ 1,860
Computer Charges..........................$ 6,921
Real Estate Rentals.......................$ 33,700
Telecommunications........................$ 21,370
Per Diem, Fees and Contracts..............$ 3,200
Postage...................................$ 5,500
Capital Outlay............................$ -0-
Total Funds Budgeted......................$ 680,023
State Funds Budgeted......................$ 673,223
Total Positions Budgeted 23
1928
GENERAL ACTS AND RESOLUTIONS, VOL. I
2. Investigative Division Budget:
Personal Services...........................$ 6,882,569
Regular Operating Expenses..................$ 1,162,262
Travel.....................................$ 374,800
Motor Vehicle Equipment Purchases...........$ 516,300
Publications and Printing...................$ 23,000
Equipment Purchases....................... $ 105,412
Computer Charges......................... $ 600
Real Estate Rentals..................../....$ 132,180
Telecommunications..........................$ 221,812
Per Diem, Fees and Contracts................$ 3,000
Evidence Purchased..........................$ 200,000
Postage....................................$ 6,300
Capital Outlay............................ $ -0-
Total Funds Budgeted........................$ 9,628,235
Indirect DOAS Services
Funding................................. $ 100,000
State Funds Budgeted........................$ 9,438,946
Total Positions Budgeted 244
3. Forensic Sciences Division Budget:
Personal Services...........................$ 2,262,712
Regular Operating Expenses..................$ 426,030
Travel.....................................$ 25,000
Motor Vehicle Equipment Purchases...........$ 30,000
Publications and Printing................. $ 5,600
Equipment Purchases...............................77,300
Computer Charges........................ $ 43,041
Real Estate Rentals.........................$ 12,686
Telecommunications........................ $ 77,300
Per Diem, Fees and Contracts................$ 300
Postage..........................-.........$ 19,000
Capital Outlay..............................$ -0-
Total Funds Budgeted........................$ 2,978,969
State Funds Budgeted........................$ 2,949,179
Total Positions Budgeted 89
4. Georgia Crime Information
Center Budget:
Personal Services...........................$ 1,774,607
Regular Operating Expenses..................$ 100,000
Travel:.....................................$ 11,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 50,000
GEORGIA LAWS 1982 SESSION
1929
Equipment Purchases........................$ 25,000
Computer Charges.........NM..................$ 1,916,261
Real Estate Rentals......,................$ 3,600
Telecommunications..........................$ 392,000
Per Diem, Fees and Contracts...............$ 40,000
Postage.......I...........................$ 20,000
Total Funds Budgeted.................... $ 4,332,468
Indirect DOAS Services
Funding..................................$ 1,300,000
State Funds Budgeted.......................$ 2,989,143
Total Positions Budgeted 97
Budget Unit Object Classes:
Personal Services..........................$ 11,435,841
Regular Operating Expenses.................$ 1,769,311
Travel................................... $ 417,300
Motor Vehicle Equipment
Purchases................................$ 546,300
Publications and Printing................ $ 82,600
Equipment Purchases........................$ 209,572
Computer Charges...........................$ 1,966,823
Real Estate Rentals...................... $ 182,166
Telecommunications.........................$ 712,482
Per Diem, Fees and Contracts...............$ 46,500
Evidence Purchased.........................$ 200,000
Postage....................................$ 50,800
Capital Outlay.............................$ -0-
Total Positions Budgeted 453
Authorized Motor Vehicles 274
Provided, however, that the Department is
authorized to use funds, appropriated above for
Personal Services, in the Investigative Division, to
upgrade one position per region when designated
as Assistant Special Agent in Charge in accordance
with recommendations of the Merit System of
Personnel Administration.
1930
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 23. Georgia State Financing
and Investment Commission.
Budget Unit: Georgia State
Financing and
Investment Commission.............$ -0-
Departmental Operations Budget:
Personal Services.........................$ 867,635
Regular Operating Expenses................$ 32,500
Travel....................................$ 8,000
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing.................$ 2,000
Equipment Purchases.......................$ -0-
Computer Charges..........................$ 17,135
Real Estate Rentals.......................$ 52,075
Telecommunications........................$ 12,100
Per Diem, Fees and Contracts..............$ 110,000
Total Funds Budgeted......................$ 1,101,445
Total Expenditures Authorized.............$ 1,090,431
State Funds Budgeted......................$ -0-
Total Positions Budgeted 29
Budget Unit Object Classes:
Personal Services.........................$ 867,635
Regular Operating Expenses................$ 32,500
Travel....................................$ 8,000
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing.................$ 2,000
Equipment Purchases.......................$ -0-
Computer Charges..........................$ 17,135
Real Estate Rentals.......................$ 52,075
Telecommunications........................$ 12,100
Per Diem, Fees and Contracts..............$ 110,000
Total Positions Budgeted 29
Authorized Motor Vehicles 0
Section 24. Office of the Governor.
A. Budget Unit: Governors Office............$ 4,234,854
GEORGIA LAWS 1982 SESSION
1931
1. Governors Office Budget:
Cost of Operations..........................$ 1,684,187
Transition Allowance........................$ 50,000
Mansion Allowance...........................$ 40,000
Governors Emergency Fund...................$ 2,000,000
Intern Stipends and Travel..................$ 123,298
Total Funds Budgeted........................$ 3,897,485
State Funds Budgeted........................$ 3,897,485
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 appropri-
ation 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........................$ 336,000
Regular Operating Expenses...............$ 9,218
Travel...................................$ 12,600
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 1,075
Equipment Purchases......................$ -0-
Computer Charges.........................$ -0-
Real Estate Rentals......................$ 20,132
Telecommunications.......................$ 10,459
Per Diem, Fees and Contracts.............$ 22,000
Total Funds Budgeted.....................$ 411,484
State Funds Budgeted.....................$ 337,369
Total Positions Budgeted 15
1932
GENERAL ACTS AND RESOLUTIONS, VOL. I
Budget Unit Object Classes:
Cost of Operations........................$ 1,684,187
Transition Allowance......................$ 50,000
Mansion Allowance.........................$ 40,000
Governors Emergency Fund.................$ 2,000,000
Intern Stipends and Travel................$ 123,298
Personal Services.........................$ 336,000
Regular Operating Expenses............... $ 9,218
Travel....................................$ 12,600
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 1,075
Equipment Purchases.......................$ *0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 20,132
Telecommunications........................$ 10,459
Per Diem, Fees and Contracts..............$ 22,000
Total Positions Budgeted 15
Authorized Motor Vehicles 1
B. Budget Unit: Office of Planning
and Budget.........................$ 6,860,640
1. General Administration and
Support Budget:
Personal Services....................... $ 455,040
Regular Operating Expenses................$ 93,800
Travel....................................$ 9,800
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 33,000
Equipment Purchases.......................$ 2,000
Computer Charges..........................$ -0-
Real Estate Rentals..................... $ 172,476
Telecommunications..............................10,000
Per Diem, Fees and Contracts..............$ 68,000
Total Funds Budgeted......................$ 844,116
State Funds Budgeted......................$ 835,675
Total Positions Budgeted 15
2. Council of the Arts Budget:
Personal Services.........................$ 151,000
Regular Operating Expenses................$ 11,163
Travel....................................$ 5,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 7,500
Equipment Purchases.......................$
GEORGIA LAWS 1982 SESSION
1933
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 19,745
Telecommunications........................$ 7,875
Per Diem, Fees and Contracts..............$ 9,000
Art Grants - State Funds..................$ 1,442,806
Art Grants - Federal Funds................$ 281,525
Art Grants - Donations....................$ 20,000
Total Funds Budgeted......................$ 1,956,114
State Funds Budgeted......................$ 1,652,471
Total Positions Budgeted 8
3. Educational Development Budget:
Personal Services.........................$ 283,000
Regular Operating Expenses.............. $ 1,300
Travel............................. .....$ 7,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ -0-
Equipment Purchases..................... $ 5,000
Computer Charges..........................$ 4,000
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 3,500
Per Diem, Fees and Contracts..............$ 8,000
Total Funds Budgeted......................$ 312,300
State Funds Budgeted.................... $ 309,177
Total Positions Budgeted 9
4. Intergovernmental Relations Budget:
Personal Services.........................$ 210,200
Regular Operating Expenses................$ 3,097
Travel....................................$ 31,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 300
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 9,000
Per Diem, Fees and Contracts..............$ 2,000
Total Funds Budgeted......................$ 255,597
State Funds Budgeted......................$ 253,041
Total Positions Budgeted 7
5. Management Review Budget:
Personal Services.........................$ 578,078
Regular Operating Expenses................$ 1,750
1934
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel...................................$ 7,500
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing.............. $ 1,200
Equipment Purchases......................$ 575
Computer Charges.........................$ 40,000
Real Estate Rentals......... ............$ -0-
Telecommunications.......................$ 8,000
Per Diem, Fees and Contracts.............$ 1,300
Total Funds Budgeted.....................$ 638,403
State Funds Budgeted.....................$ 632,019
Total Positions Budgeted 21
6. Human Development Budget:
Personal Services...................... $ 350,584
Regular Operating Expenses...............$ 1,800
Travel...................................$ 5,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing.............. $ -0-
Equipment Purchases......................$ 500
Computer Charges.........................$ -0-
Real Estate Rentals......................$ -0-
Telecommunications..................,;...$ 4,400
Per Diem, Fees and Contracts.............$ -0-
Total Funds Budgeted.....................$ 362,284
State Funds Budgeted..................-...$ 358,662
Total Positions Budgeted 11
7. Office of Consumer Affairs:
Personal Services...................... $ 925,588
Regular Operating Expenses...............$ 43,000
Travel................................. $ 15,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing.............. $ 6,000
Equipment Purchases.................... $ 1,600
Computer Charges.........................$ 6,426
Real Estate Rentals......................$ 56,062
Telecommunications..................... $ 102,000
Per Diem, Fees and Contracts.............$ 7,000
Total Funds Budgeted................... $ 1,162,676
State Funds Budgeted................... $ 812,568
Total Positions Budgeted 44
GEORGIA LAWS 1982 SESSION
1935
8. State Energy Office Budget:
Personal Services.........................$ 310,328
Regular Operating Expenses................$ 19,000
Travel....................|..............$ 35,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 75,000
Equipment Purchases..................... $ 1,200
Computer Charges........................ $ 8,000
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 18,000
Per Diem, Fees and Contracts..............$ 3,662,068
Total Funds Budgeted......................$ 4,128,596
State Funds Budgeted......................$ 297,118
Total Positions Budgeted 12
9. Governors Committee on
Post-Secondary Education Budget:
Personal Services.........................$ 118,000
Regular Operating Expenses................$ 11,550
Travel....................................$ 3,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 9,700
Equipment Purchases.......................$ -0-
Computer Charges..........................$ 6,000
Real Estate Rentals.......................$ 8,110
Telecommunications........................$ 1,795
Per Diem, Fees and Contracts..............$ 4,800
Total Funds Budgeted......................$ 162,955
State Funds Budgeted......................$ 162,593
Total Positions Budgeted 4
10. Facilities Management Budget:
Personal Services.........................$ 105,000
Regular Operating Expenses................$ 300
Travel....................................$ 5,600
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 2,000
Equipment Purchases.......................$ -0-
Computer Charges..........................$ 99,332
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 3,000
Per Diem, Fees and Contracts..............$ 35,000
Total Funds Budgeted......................$ 250,232
1936
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.....................$ 247,730
Total Positions Budgeted 3
11. Physical and Economic
Development Budget:
Personal Services........................$ 323,000
Regular Operating Expenses...............$ 6,000
Travel...................................$ 13,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 1,000
Equipment Purchases..................... $ 800
Computer Charges.........................$ -0-
Real Estate Rentals......................$ -0-
Telecommunications.......................$ 8,000
Per Diem, Fees and Contracts.............$ 10,000
Total Funds Budgeted.....................$ 361,800
State Funds Budgeted.....................$ 358,182
Total Positions Budgeted 12
12. General Government and Protection
of Persons and Property Budget:
Personal Services........................$ 358,727
Regular Operating Expenses...............$ 2,850
Travel............................... $ 7,800
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.......L.............$ 375,377
State Funds Budgeted.....................$ 371,623
Total Positions Budgeted 11
13. Consumers Utility Counsel Budget:
Personal Services........................$ 280,000
Regular Operating Expenses...............$ 11,695
Travel.................................*$ 7,500
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 972
Equipment Purchases......................$ *0*
Computer Charges.........................$ "9*
Real Estate Rentals......................$ 18,312
GEORGIA LAWS 1982 SESSION
1937
Telecommunications.......................$ 5,900
Per Diem, Fees and Contracts.............$ 30,000
Total Funds Budgeted.....................$ 354,379
State Funds Budgeted................... $ 350,835
Total Positions Budgeted 13
14. Criminal Justice Coordinating
Council Budget:
Personal Services........................$ 162,133
Regular Operating Expenses...............$ 11,750
Travel...................................$ 8,700
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 12,000
Equipment Purchases......................$ -0-
Computer Charges.........................$ -0-
Real Estate Rentals......................$ 6,875
Telecommunications.......................$ 4,750
Per Diem, Fees and Contracts.............$ 14,950
Total Funds Budgeted.....................$ 221,158
State Funds Budgeted.....................$ 218,946
Total Positions Budgeted 5
Budget Unit Object Classes:
Personal Services........................$ 4,610,678
Regular Operating Expenses...............$ 219,055
Travel...................................$ 161,900
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 148,672
Equipment Purchases.................... $ 12,675
Computer Charges.........................$ 163,758
Real Estate Rentals......................$ 281,580
Telecommunications..................... $ 191,220
Per Diem, Fees and Contracts.............$ 3,852,118
Art Grants - State Funds.................$ 1,442,806
Art Grants - Federal Funds.............. $ 281,525
Art Grants - Donations...................$ 20,000
Total Positions Budgeted 175
Authorized Motor Vehicles 0
Provided, however, that of the above appropri-
ation relative to Art Grants - State Funds, not less
than 95% of $1,442,806 is designated and commit-
ted for Grants to Counties, Cities and Non-Profit
Organizations in the State of Georgia.
1938
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 25. Grants to Counties and
Municipalities.
Budget Unit: Grants to Counties and
Municipalities.......................$ 6,800,000
1. Grants to Counties............................$ 2,600,000
Total Funds Budgeted.........................$ 2,600,000
State Funds Budgeted....................... $ 2,600,000
2. Grants to Municipalities......................$ 4,200,000
Total Funds Budgeted.........................$ 4,200,000
State Funds Budgeted.........................$ 4,200,000
Budget Unit Object Classes:
Grants to Counties...........................$ 2,600,000
Grants to Municipalities.....................$ 4,200,000
Provided, that the above sums shall be 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.........................$ 229,879,617
1. General Administration and
Support Budget:
Personal Services..........................$ 14,014,200
Regular Operating Expenses.................$ 2,624,905
Travel.....................................$ 591,525
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing................ $ 143,430
Equipment Purchases........................$ 87,305
Computer Charges...........................$ 974,396
Real Estate Rentals........................$ 2,814,200
Telecommunications.........................$ 530,980
Per Diem, Fees and Contracts...............$ 1,086,070
Utilities..................................$ 153,200
Postage....................................$ 536,800
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 23,557,011
GEORGIA LAWS 1982 SESSION 1939
Indirect DOAS Services Funding...............$ 638,212
Indirect GBA Funding.........................$ -0-
Agency Funds.................................$ 11,005,428
Social Services
Block Grant Funds..........................$ 1,159,395
State Funds Budgeted.........................$ 10,753,976
Total Positions Budgeted 720
Authorized Motor Vehicles 7
General Administration and Support Functional
Budgets
Total Funds State Funds Pos.
$ 559,200 $ 554,200 16
$ 1,220,400 $ 1,205,400 55
Commissioners Office
Child Care Licensing
Laboratory
Improvement $ 498,901 $ 412,901 19
Child Support Recovery $ 6,587,080 $ 596,259 282
Contract Management $ 175,080 $ 173,080 7
Public Affairs $ 323,755 $ 320,555 12
Office of Administrative
Appeals
Health Care Facilities
Regulations
Radiological Health
Administrative Policy,
Coordination and
Direction
Personnel
Administrative Support
Services
$ 602,900 $ 596,900 22
$
$
$
$
1,699,999 $
379,700 $
1,903,765 $
1,458,290 $
599,999
375,700
1,901,765
1,381,290
64
14
4
70
$ 1,826,640 $ 1,580,285 52
1940
GENERAL ACTS AND RESOLUTIONS, VOL. I
Office of Review and
Investigation
Systems Planning,
Development and
Training
Program Analysis
Electronic Data
Processing, Planning
and Coordination
Facilities Management
Regulatory Services -
Program Direction
and Support
MH/MR Advisory
Council
Council on Family
Planning
Developmental
Disabilities
Council on Maternal
and Infant Health
Community and
Intergovernmental
Affairs
Indirect Cost
Undistributed
Total
$ 1,284,560 $ 299,420 43
$
$
$
$
266,250 $
122,380 $
385,116 $
3,037,160 $
$ 471,980 $
$ 41,050 $
$ 66,800 $
$ 283,800 $
$ 91,355 $
$ 270,850 $
$ -0- $
$ -0- $
$ 23,557,011 $
264,250
121,380
9
5
91,000 0
2,308,860 8
467,980 15
41,050 1
6,700 2
-0- 9
91,355 3
267,850 8
(2,904,203) 0
-0- 0
10,753,976 720
2. Financial Management Budget:
Personal Services.................
Regular Operating Expenses........
Travel............................
Motor Vehicle Equipment Purchases.
Publications and Printing.........
Equipment Purchases...............
.$ 4,941,000
$ 132,500
..$ 191,400
..$ -0-
..$ 20,000
..$ -0-
GEORGIA LAWS 1982 SESSION 1941
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 3,800
Telecommunications........................ $ 1,000
Per Diem, Fees and Contracts................$ 115,000
Utilities...................................$ -0-
Postage.....................................$ 100
Institutional Repairs
and Maintenance......................... $ 500,000
Total Funds Budgeted........................$ 5,904,800
Social Services Block Grant Funds...........$ 496,405
Agency Funds.............................. $ 1,905,870
State Funds Budgeted........................$ 3,502,525
Total Positions Budgeted 236
Authorized Motor Vehicles 0
Financial Management Functional Budgets
Total Funds
Budget Administration $
Accounting Services $
Auditing Services $
Indirect Cost $
Undistributed $
Total $
State Funds Pos.
1.466.300 37
2.657.300 138
1,750,200 61
(2,371,275) 0
$ -0- 0
5,904,800 $ 3,502,525 236
1.471.300 $
2.673.300 $
1,760,200 $
-0- $
-0-
3. Special Programs:
Personal Services...........................$ 2,781,945
Regular Operating Expenses...............$ 13,778,315
Travel...................................$ 132,000
Motor Vehicle Equipment
Purchases..............................$ -0-
Publications and Printing................$ 108,200
Equipment Purchases......................$ 7,700
Computer Charges.........................$ 287,202
Real Estate Rentals......................$ 57,600
Telecommunications.......................$ 75,250
1942
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts.................$ 34,055,004
Menninger Group Homes..........j............$ 275,000
Contract - Georgia
Advocacy Office, Inc..................... $ 215,000
Utilities....................................$ -0-
Postage......................................$ 37,000
Benefits for Child Care......................$ 640,000
Total Funds Budgeted.........................$ 52,450,216
Social Services
Block Grant Funds..........................$ 15,873,000
Indirect DOAS Services Funding...........44,143
Agency Funds.................................$ 30,544,275
State Funds Budgeted....................... $ 5,988,798
Total Positions Budgeted 120
Authorized Motor Vehicles 111
Special Programs Functional Budgets
Total Funds State Funds Pos.
State Economic
Opportunity Office
District Programs,
Directors Office
Child Development
Administration
Child Development
Contracts - Foster
Care
Special Projects
Child Development
Contracts - Day Care
Child Development
Contracts - Home
Management
$ 251,350 $ 123,675 8
$ 595,030 $ 555,430 21
$ 1,061,600 $ 365,900 39
$ 290,736 $ 14,336 0
$ 597,900 $ 597,900 0
$ 19,435,297 $ 2,595,797 0
$ 281,658 $ 48,958 0
GEORGIA LAWS 1982 SESSION
1943
Child Development
Contracts - Outreach $
Information and
Referral $
Troubled Children
Benefits $
Council on Aging $
Energy Assistance $
Title XX
Administration $
Community Services $
Undistributed $
Total $
635,133 $
325,340 $
915,000 $
44,870 $
17,320,000 $
984,302 $
9,712,000 $
-0- $
52,450,216 $
81,333
325,340
915,000
43,870
-0-
321,259
-0-
-0-
5,988,798
0
1
4
32
15
0
120
4. Public Health - Program
Direction and Support Budget:
Personal Services..........................$ 2,251,700
Regular Operating Expenses.................$ 120,890
Travel.....................................$ 57,700
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 50,800
Equipment Purchases........................$ 730
Computer Charges...........................$ 357,368
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 193,200
Per Diem, Fees and Contracts...............$ 5,449,190
Utilities..................................$ -0-
Postage....................................$ 1,450
Total Funds Budgeted.......................$ 8,483,028
Indirect DO AS Services Funding............$ 539,568
Agency Funds.............................. $ 5,488,130
State Funds Budgeted.......................$ 2,455,330
Total Positions Budgeted 114
Authorized Motor Vehicles 0
1944
GENERAL ACTS AND RESOLUTIONS, VOL. I
Public Health - Program
Direction and Support Functional Budgets
Directors Office
Employees Health
Primary Health Care
Health Program
Management
Vital Records
Health Services
Research
Undistributed
Total
Total Funds State Funds Pos.
$ 555,205 $ 371,205 8
$
$
$
$
$
$
$
249,310 $
5,627,715 $
609,330 $
932,700 $
508,768 $
-0- $
8,483,028 $
212,310
297,385
519,330
909,700
9
10
27
53
145,400 7
-0- 0
2,455,330 114
5. Public Health - Family
Health Budget:
Personal Services..........................$ 5,558,840
Regular Operating Expenses.................$ 2,022,834
Travel.................................. $ 295,600
Motor Vehicle Equipment
Purchases............................. $ -0-
Publications and Printing..................$ 130,800
Equipment Purchases...................... $ 6,780
Computer Charges...........................$ 122,703
Real Estate Rentals........................$ 3,500
Telecommunications.........................$ 47,550
Per Diem, Fees and Contracts...............$ 6,367,470
Utilities..................................$ -0-
Postage.................................. $ 20,850
Regional Grants for Prenatal and
Postnatal Care Programs.................$ 3,879,000
Crippled Children Benefits.................$ 3,307,500
Kidney Disease Benefits.................. $ 577,500
Cancer Control Benefits....................$ 1,985,000
GEORGIA LAWS 1982 SESSION
1945
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...................... $ 111,000
Contract with Emory University
for Arthritis Research.....................$ 200,000
Contract for Scoliosis Screening.............$ 40,000
Family Planning Benefits.....................$ 226,530
Total Funds Budgeted.........................$ 25,068,457
Indirect DO AS Services Funding..............$ 11,350
Agency Funds.................................$ 11,125,699
State Funds Budgeted.........................$ 13,931,408
Total Positions Budgeted 242
Authorized Motor Vehicles 4
Public Health - Family Health Functional Budgets
Family Health
Management $
Cancer Control $
Crippled Children $
Immunization $
Maternal Health $
Sexually Transmitted
Diseases $
Infant and Child Health $
Diabetes $
otal Funds State Funds Pos.
6,081,220 $
2,615,330 $
4,851,730 $
520,200 $
225,500 $
336,570
2,376,330
2,650,238
-0-
223,500
23
6
60
17
6
200,700 $
4,509,050 $
208,850 $
198,700 6
4,454,050 12
59,748 5
1946
GENERAL ACTS AND RESOLUTIONS, VOL. I
Chronic Disease
$ 1,503,574 $ 1,498,574
22
Coordination,
Education,
Prevention
Malnutrition
Stroke and Heart
Attack Prevention
Family Planning
Epidemiology
Dental Health
Community
Tuberculosis Control
Undistributed
Total
$
$
$
$
$
$
$
$
653,720 $
591,500 $
149,200 $
840,133 $
995,725 $
69,300 $
1,052,725 $
-0- $
-0-
-0-
148,200
52,133
829,540
69,300
1,034,525
-0-
$ 25,068,457 $ 13,931,408
10
18
6
13
11
3
24
0
242
6. Public Health - Community
Health Budget:
Personal Services..........................$ 3,161,000
Regular Operating Expenses.................$ 459,500
Travel.....................................$ 53,900
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 44,100
Equipment Purchases........................$ 58,365
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 5,000
Per Diem, Fees and Contracts...............$ 742,047
Utilities..................................$ -0-
Postage....................................$ 13,300
Total Funds Budgeted.......................$ 4,537,212
Indirect DOAS Services Funding.............$ 4,000
Agency Funds...............................$ 823,772
GEORGIA LAWS 1982 SESSION
1947
State Funds Budgeted........................$ 3,709,440
Total Positions Budgeted 152
Authorized Motor Vehicles 1
Public Health - Community Health Functional Budgets
Total Funds State Funds Pos.
Occupational and
Radiological Health
Laboratory Services
Emergency Health
Undistributed
Total
773,572 $
3,175,740 $
587,900 $
-0- $
4,537,212 $
228,800 7
2,970,740 129
509,900 16
-0- 0
3,709,440 152
7. Public Health - Local
Services Budget:
Personal Services..........................$ 12,350,000
Regular Operating Expenses.................$ 23,264,500
Travel.....................................$ 484,800
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 31,700
Equipment Purchases........................$ 43,410
Real Estate Rentals........................$ 195,920
Telecommunications.........................$ 144,100
Per Diem, Fees and Contracts...............$ 4,983,847
Utilities..................................$ 7,050
Postage....................................$ 32,150
Contract - Macon-Bibb County
Hospital Authority.......................$ 3,000,000
Grant to Counties for
Metabolic Disorders
Screening and Treatment..................$ 45,000
Family Planning Benefits...................$ 75,000
Midwifery Program Benefits.................$ 175,000
Crippled Children Benefits.................$ 1,220,000
1948
GENERAL ACTS AND RESOLUTIONS, VOL. I
Grants to Counties for Teenage
Pregnancy Prevention................... $ 250,000
Benefits for Medically Indigent
High Risk Pregnant Women
and Their Infants........................$ 3,600,000
Grant for DeKalb County Mental
Retardation Project......................$ 51,000
Grant for Chatham County
Mental Retardation Project...............$ 49,000
Grant-In-Aid to Counties...................$ 29,473,948
Total Funds Budgeted.......................$ 79,476,425
Indirect DOAS Services Funding.............$ 129,350
Agency Funds...............................$ 36,112,320
State Funds Budgeted.......................$ 43,234,755
Total Positions Budgeted 563
Authorized Motor Vehicles 2
Public Health - Local Services Functional Budgets
Total Funds State Funds
Minimum Foundation $
Grant-In-Aid to
Counties $
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 $
Pos.
6,837,030 224
26,031,273 0
554,642 20
2,520,400 183
350,100 15
85,000 29
4,063,900 19
289,750 $ 287,750 12
7,057,054 $
29,024,358 $
1,091,242 $
5,633,400 $
353,100 $
1,072,850 $
4,066,900 $
GEORGIA LAWS 1982 SESSION
1949
District Dental
$ 1,118,835 $ 902,660 18
Teenage Pregnancy
Prevention
District Crippled
Children
Mental Retardation
Projects
Malnutrition
Undistributed
$ 250,000 $ 250,000 0
$ 2,187,050 $ 1,352,000 33
$ 100,000 $
$ 27,231,886 $
$ -0- $
-0- 0
-0- 10
-0-
0
Total
$ 79,476,425 $ 43,234,755 563
8. Mental Health - Program
Direction and Support Budget:
Personal Services...........................$ 3,308,100
Regular Operating Expenses................ $ 127,850
Travel......................................$ 153,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 79,000
Equipment Purchases....................... $ 1,000
Computer Charges............................$ 1,178,162
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 219,000
Per Diem, Fees and Contracts................$ 199,700
Utilities...................................$ -0-
Postage.....................................$ 1,150
Total Funds Budgeted........................$ 5,266,962
Social Services Block Grant Funds...........$ 15,000
Indirect DO AS Services Funding.............$ 1,000,197
Agency Funds................................$ 620,220
State Funds Budgeted........................$ 3,631,545
Total Positions Budgeted 131
Mental Health - Program Direction
and Support Functional Budgets
Administration
Special Projects and
Contracts
Total Funds State Funds Pos.
$ 2,965,862 $ 1,953,465 63
$ 60,550 $ -0- 2
1950
GENERAL ACTS AND RESOLUTIONS, VOL. I
Program Coordination $ 2,240,550 $ 1,678,080 66
Undistributed $ -0- $ -0- 0
Total $ 5,266,962 $ 3,631,545 131
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-
Telecommunication8.......................$ -0-
Per Diem, Fees and Contracts.............$ 440,000
Utilities.............................. $ -0-
Postage................................ $ -0-
W.I.N. Benefits..........................$ 575,669
Grants to Fulton County for 24-
hour Emergency Social Services.........$ 173,400
Benefits for Child Care........,.........$ 15,691,771
Homemaker Meals......................... $ 106,961
Chatham County Homemaker Project.........$ 482,000
Douglas County Homemaker Project.........$ 127,000
Fulton County Homemaker Project..........$ 328,000
Total Funds Budgeted................... $ 17,924,801
Agency Funds.............................$ 5,982,564
Social Services
Block Grant Funds......................$ 1,230,600
State Funds Budgeted................... $ 10,711,637
Total Positions Budgeted 0
GEORGIA LAWS 1982 SESSION
1951
Purchase of Social Services Functional Budgets
Total Funds State Funds Pos.
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 Settlement $
Non-AFDC Institutional
Foster Care $
Liability Insurance $
Emergency Shelter Care $
Day Care $
Psychiatric,
Psychological and
Speech Therapy $
Return of Runaways -
County $
575,669 $
173,400 $
440.000 $
3,987,620 $
1,475,840 $
53,064 $
8,663,518 $
250.000 $
397,950 $
15,400 $
107,079 $
604,300 $
130.000 $
7,000 $
57,566 0
173,400 0
215.000 0
1,344,645 0
497,654 0
53,064 0
7,177,518 0
98,700 0
397,950 0
15,400 0
107,079 0
180,100 0
130.000 0
7,000 0
1952
GENERAL ACTS AND RESOLUTIONS, VOL. I
Homemaker Projects $ 1,043,961 $ 256,561 0
Undistributed $ -0- $ -0- 0
Total $ 17,924,801 $ 10,711,637 0
10. Youth Services - Program
Direction and Support:
Personal Services.........................$ 754,000
Regular Operating Expenses................$ 18,000
Travel.................................. $ 18,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 4,000
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 20,100
Per Diem, Fees and Contracts..............$ 3,500
Utilities.................................$ -0-
Postage................................. $ -0-
Benefits for Child Care...................$ -0-
Total Funds Budgeted......................$ 817,600
Indirect DOAS Services Funding............$ -0-
Agency Funds..............................$ 8,000
State Funds Budgeted......................$ 809,600
Total Positions Budgeted 29
Authorized Motor Vehicles 0
11. Services to the Aged Budget:
Personal Services.................;.......$ 996,000
Regular Operating Expenses................$ 27,800
Travel.................................. $ 42,000
Motor Vehicle Equipment
Purchases..............................$ -0-
Publications and Printing.................$ 14,000
Equipment Purchases.......................$ 2,300
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 3,100
Telecommunications........................$ 29,000
Per Diem, Fees and Contracts..............$ 20,953,077
Utilities.................................$ 60
Postage...................................$ 200
Total Funds Budgeted......................$ 22,067,537
GEORGIA LAWS 1982 SESSION
1953
Social Services
Block Grant Funds...........................$ 3,368,035
Agency Funds..................................$ 16,949,941
State Funds Budgeted..........................$ 1,749,561
Total Positions Budgeted 41
Authorized Motor Vehicles 224
Title XX Adult Services $
Administration and
Planning $
Nutrition Grants $
Areawide Grants $
Undistributed $
Total $
Pos.
2,495,540 $
8,886,845 $
6,601,488 $
-0- $
22,067,537 $
Services to the Aged Functional Budgets
Total Funds State Funds
4,083,664 $
539,062 0
350,036 41
493,714 0
366,749 0
-0- 0
1,749,561 41
12. Vocational Rehabilitation -
Program Direction and
Support Budget:
Personal Services.............................$ 1,410,000
Regular Operating Expenses................$ 91,600
Travel....................................$ 75,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 30,900
Equipment Purchases..................... $ -0-
Computer Charges..........................$ 543,379
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 72,000
Per Diem, Fees and Contracts..............$ 261,000
Utilities.................................$ -0-
Postage............................... $ 2,300
E.S.R.P. Case Services................,...$ 75,000
Grants for Nephrology Centers.............$ 210,000
Total Funds Budgeted......................$ 2,771,679
Indirect DOAS Services Funding............$ -0-
1954
GENERAL ACTS AND RESOLUTIONS, VOL. I
Agency Funds.............................$ 1,653,800
State Funds Budgeted.....................$ 1,117,879
Total Positions Budgeted 53
Vocational Rehabilitation - Program
Direction and Support Functional Budgets
Total Funds State Funds Pos.
Program Direction and
Support $ 2,085,379 $ 747,379 45
Grants Management $ 686,300 $ 370,500 8
Undistributed $ -0- $ -0- 0
Total $ 2,771,679 $ 1,117,879 53
13. Vocational Rehabilitation -
Facilities Budget:
Personal Services...........................$ 3,113,300
Regular Operating Expenses..................$ 363,880
Travel......................................$ 21,500
Motor Vehicle Equipment Purchases...........$ 12,000
Publications and Printing................. $ 1,270
Equipment Purchases.........................$ 17,500
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 130,000
Telecommunications..........................$ 38,800
Per Diem, Fees and Contracts................$ 104,300
Utilities.........:........................$ 80,600
Postage................................... $ 4,150
Capital Outlay............................ $ -0-
Case Services............................. $ -0-
Total Funds Budgeted........................$ 3,887,300
Indirect DOAS Services Funding..............$ -0-
Agency Funds................................$ 3,167,880
State Funds Budgeted...................... $ 719,420
Total Positions Budgeted 167
Authorized Motor Vehicles 19
GEORGIA LAWS 1982 SESSION
1955
Vocational Rehabilitation - Facilities Functional
Budgets
Total Funds State Funds Pos.
Youth Development
Center - V. R. Unit $ 353,760 $ 65,502 15
Atlanta Rehabilitation
Center $ 1,908,850 $ 364,850 76
Alto Rehabilitation
Center $ 265,040 $ 52,508 12
Cave Spring
Rehabilitation Center $ 350,500 $ 66,800 18
Central Rehabilitation
Center $ 664,650 $ 101,360 27
Georgia Vocational
Adjustment Center -
Gracewood $ 344,500 $ 68,400 19
Undistributed $ -0- $ -0- 0
Total $ 3,887,300 $ 719,420 167
14. Roosevelt Warm Springs
Rehabilitation Institute:
Personal Services.......................$ 7,400,000
Regular Operating Expenses..............$ 1,711,280
Travel..................................$ 47,680
Motor Vehicle Equipment
Purchases.............................$ 51,025
Publications and Printing...............$ 22,170
Equipment Purchases.....................$ 76,445
Computer Charges........................$ -0-
Real Estate Rentals.....................$ -0-
Telecommunications......................$ 149,000
Per Diem, Fees and Contracts............$ 1,086,085
Utilities...............................$ 445,600
Postage.................................$ 12,980
Case Services...........................$ 575,000
Capital Outlay..........................$ -0-
Operations..............................$ -0-
1956
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted...*..................$ 11,577,265
Indirect DOAS Services Funding............$ 50,000
Agency Funds..............................$ 9,124,800
State Funds Budgeted......................$ 2,402,465
Total Positions Budgeted 425
Authorized Motor Vehicles 24
Roosevelt Warm Springs Rehabilitation Institute -
Functional Budgets
Total Funds State Funds Pos.
Administration $ 4,589,830 $ 1,652,330 128
Rehabilitation Services $ 5,842,272 $ 32,972 255
Instruction $ 430,030 $ 7,030 16
Independent Living $ 526,000 $ 526,000 21
Research/Training $ 189,133 $ 184,133 5
Undistributed $ -0- $ -0- 0
Total $ 11,577,265 $ 2,402,465 425
15. Georgia Factory for the
Blind Budget:
Personal Services..........................$ 2,706,000
Regular Operating Expenses.................$ 4,812,495
Travel.....................................$ 54,800
Motor Vehicle Equipment Purchases..........$ 36,600
Publications and Printing..................$ 3,400
Equipment Purchases........................$ 95,000
Computer Charges.......................... $ -0-
Real Estate Rentals................... $ 11,600
Telecommunications.........................$ 26,500
Per Diem, Fees and Contracts............. $ 64,000
Utilities..................................$ 93,500
Postage....................................$ 5,800
Capital Outlay.............................$ -0-
Case Services..............................$ 225,000
GEORGIA LAWS 1982 SESSION 1957
Total Funds Budgeted........................$ 8,134,695
Agency Funds................................$ 7,618,800
State Funds Budgeted........................$ 515,895
Total Positions Budgeted 44
Authorized Motor Vehicles 14
Georgia Factory for the Blind Functional Budgets
Total Funds State Funds Pos.
Operations $ 7,023,400 $ -0- 8
Supervision $ 372,045 $ 369,045 19
Business Enterprise
Vending Stand
Project $ 739,250 $ 146,850 17
Undistributed $ -0- $ -0- 0
Total $ 8,134,695 $ 515,895 44
16. Vocational Rehabilitation -
Services Budget:
Personal Services...........................$ 14,190,562
Regular Operating Expenses..................$ 518,180
Travel......................................$ 448,000
Motor Vehicle Equipment
Purchases.................................$ -0-
Publications and Printing...................$ 14,600
Equipment Purchases.........................$ 20,500
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 639,700
Telecommunications..........................$ 379,100
Per Diem, Fees and Contracts................$ 299,000
Utilities...................................$ 72,000
Postage.....................................$ 84,280
Contract with Vocational
Rehabilitation Community
Facilities................................$ 3,645,000
Contract for Epilepsy.......................$ 63,000
Case Services...............................$ 8,700,000
1958
GENERAL ACTS AND RESOLUTIONS, VOL. I
Contract with the Affirmative
Industries...............................$ 105,000
Cerebral Palsy Contract....................$ 136,500
Total Funds Budgeted.......................$ 29,315,422
Indirect DOAS Services Funding.............$ 50,000
Agency Funds...............................$ 19,172,958
State Funds Budgeted.......................$ 10,092,464
Total Positions Budgeted 694
Authorized Motor Vehicles 5
17. Vocational Rehabilitation -
Disability Adjudication Budget:
Personal Services..........................$ 7,746,000
Regular Operating Expenses.................$ 317,400
Travel.....................................$ 22,000
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 51,600
Equipment Purchases........................$ 17,460
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 513,685
Telecommunications.........................$ 445,500
Per Diem, Fees and Contracts...............$ 431,295
Utilities............................... $ -0-
Postage....................................$ 155,000
Case Services..............................$ 7,000,000
Total Funds Budgeted.......................$ 16,699,940
Agency Funds...............................$ 16,699,940
State Funds Budgeted..................... $ -0-
Total Positions Budgeted 384
18. Public Assistance Budget:
Personal Services..........................$ -0-
Regular Operating Expenses.................$ 3,159,468
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....................$ 62,160
AFDC Benefits..............................$ 182,766,550
GEORGIA LAWS 1982 SESSION
1959
Total Funds Budgeted.........................$ 185,988,178
Agency Funds.................................$ 124,297,228
State Funds Budgeted.........................$ 61,690,950
Total Positions Budgeted 0
Public Assistance Functional Budgets
Total Funds State Funds Pos.
Refugee Benefits
AFDC Payments
SSI - Supplement
Benefits
Undistributed
Total
$ 3,159,468 $
$ 182,766,550 $
$ 62,160 $
$ -0- $
$ 185,988,178 $
-0- 0
61,628,790 0
62,160 0
-0- 0
61,690,950 0
19. Local Services - Community Services
and Benefits Payments Budget:
Personal Services...........................$ -0-
Regular Operating Expenses.................$ -0-
Travel.....................................$ -0-
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ -0-
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Per Diem, Fees and Contracts...............$ -0-
Local Services Benefits
Payments Grants..........................$ 54,682,882
Grants to Counties for
Social Services..........................$ 44,460,000
Total Funds Budgeted.......................$ 99,142,882
Agency Funds...............................$ 37,538,749
Social Services
Block Grant Funds........................$ 15,464,983
State Funds Budgeted.......................$ 46,139,150
Total Positions Budgeted 0
1960
GENERAL ACTS AND RESOLUTIONS, VOL. I
Local Services - Community Services
and Benefits Payments Functional Budgets
Total Funds State Funds Pos.
Local Services - Benefits
Payments Grants $ 54,682,882 $ 27,186,441 0
Grants to Counties for
Social Services $ 44,460,000 $ 18,952,709 0
Undistributed $ -0- $ -0- 0
Total $ 99,142,882 $ 46,139,150 0
20. Family and Children Services -
Program Direction and Support
Budget:
Personal Services..........................$ 7,868,700
Regular Operating Expenses.................$ 330,200
Travel.....................................$ 377,400
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 566,700
Equipment Purchases...................... $ 5,700
Computer Charges......................... $ 5,040,066
Real Estate Rentals...................... $ 178,100
Telecommunications.........................$ 1,079,400
Per Diem, Fees and Contracts...............$ 3,337,500
Utilities................................ $ 9,200
Postage................................ $ 226,600
Total Funds Budgeted.......................$ 19,019,566
Agency Funds............................. $ 10,459,450
Indirect DOAS Services Funding.............$ 540,180
Social Services Block
Grant Funds............................ $ 1,297,117
State Funds Budgeted..................... $ 6,722,819
Total Positions Budgeted 343
GEORGIA LAWS 1982 SESSION
1961
Family and Children Services - Program
Direction and Support Functional Budgets
Directors Office
Research and
Demonstration
Program Planning and
Development
Program Management
and Training
Administration and
Management
Management
Information Systems
District Program
Operations
District Administration
Indirect Cost
Undistributed
Total
Total Funds State Funds Pos.
$ 424,600 $ 422,600 7
$ 61,500 $ 61,500 3
$ 860,800 $ 854,800 17
$ 1,617,150 $ 1,354,150 61
$ 11,581,866 $ 4,156,391 88
$ 1,048,750 $ 1,044,750 50
$ 2,665,900 $ 2,650,900 99
$ 759,000 $ 756,000 18
$ -0- $ (4,578,272) 0
$ -0- $ -0- 0
$ 19,019,566 $ 6,722,819 343
Budget Unit Object Classes:
Personal Services...........................$ 94,551,347
Regular Operating Expenses..................$ 53,881,597
Travel......................................$ 3,066,805
Motor Vehicle Equipment
Purchases.................................$ 99,625
Publications and Printing...................$ 1,316,670
Equipment Purchases.........................$ 440,195
Computer Charges............................$ 8,503,276
Real Estate Rentals.........................$ 4,551,205
Telecommunications..........................$ 3,455,480
1962
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts..............$ 79,978,085
Utilities.................................$ 861,210
Postage...................................$ 1,134,110
Capital Outlay............................$ -0-
Grants for Regional Prenatal
and Postnatal Care Programs.............$ 3,879,000
Crippled Children Benefits................$ 4,527,500
Kidney Disease Benefits...................$ 577,500
Cancer Control Benefits...................$ 1,985,000
Benefits for Medically Indigent
High Risk Pregnant Women and
Their Infants...........................$ 3,625,000
Family Planning Benefits..................$ 301,530
Benefits for Midwifery Program............$ 175,000
Grants for DeKalb County
Mental Retardation Project..............$ 51,000
Grants for Chatham County
Mental Retardation Project..............$ 49,000
Grant-In-Aid to Counties..................$ 29,473,948
Work Incentive Benefits...................$ 575,669
Grants to Fulton County
for 24-hour Emergency
Social Services.........................$ 173,400
Benefits for Child Care...................$ 16,331,771
Homemaker Meals...........................$ 106,961
Chatham County
Homemaker Project.......................$ 482,000
Douglas County
Homemaker Project.......................$ 127,000
Fulton County Homemaker Project...........$ 328,000
Grants for Nephrology Centers.............$ 210,000
Case Services.............................$ 16,500,000
E.S.R.P. Case Services....................$ 75,000
SSI-Supplement Benefits...................$ 62,160
AFDC Benefits.............................$ 182,766,550
Local Services Benefits
Payments Grants.........................$ 54,682,882
Grants to Counties for Social
Services................................$ 44,460,000
Contract with Vocational
Rehabilitation Community
Facilities..............................$ 3,645,000
GEORGIA LAWS 1982 SESSION
1963
Contract for the Purchase of
Clotting Factor for the
Hemophilia Program.......................$ 100,000
Contract with the
Affirmative Industries...................$ 105,000
Institutional Repairs
and Maintenance...........................$ 500,000
Contract with Emory University
for Arthritis Research....................$ 200,000
Grant for Epilepsy Program..................$ 63,000
Grant to Grady Hospital for
Cystic Fibrosis Program...................$ 40,000
Contract for Scoliosis
Screening.................................$ 40,000
Menninger Group Homes.......................$ 275,000
Contract - Georgia
Advocacy Office, Inc......................$ 215,000
Grant for Teenage Pregnancy
Prevention Program........................$ 250,000
Contract - Cancer Research
at Emory................................ $ 111,000
Contract - Macon-Bibb County
Hospital Authority........................$ 3,000,000
Cerebral Palsy Contract.....................$ 136,500
Grants to Counties for
Metabolic Disorders
Screening and Testing.....................$ 45,000
Total Positions Budgeted 4,458
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
Public Health - Local Services Budget not less
than $125,000 is committed for continuation of the
1964
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 $61,628,790 in
State funds for the purpose of making AFDC
benefit payments.
Provided that for Fiscal 1983, 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
$ 202
306
366
432
494
536
580
616
648
694
742
Maximum Monthly
Amount
$ 107
162
194
229
262
284
307
326
343
368
393
Provided further, that the Department of
Human Resources is authorized to calculate all
monthly benefit payments utilizing a factor of
53 % of the above standard of needs.
Provided, that of the above appropriation,
$136,500 is designated and committed to operate
the Rome Cerebral Palsy Center.
GEORGIA LAWS 1982 SESSION
1965
Provided, however, it is the intent of this Gen-
eral Assembly that no dentist shall be paid at a rate
in excess of twenty-five dollars ($25.00) per hour
for services rendered in the District Dental Clinics.
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 Public 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 Maternal and
Child Health Block Grant funds above the
amounts anticipated in this appropriation shall be
used to improve and expand Public 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.
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.
1966
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
Provided further, the Roosevelt Warm Springs
Institute for Rehabilitation is authorized to use
excess agency income for a repair and maintenance
program.
It is the intent of this General Assembly that
with regard to the appropriation for Contract with
Vocational Rehabilitation Community Facilities,
at least $80,000 is provided for an increase to the
Bobby Dodd Workshop.
Provided, that of the above appropriation,
$67,525 is designated and committed to operate
the Agent Orange Program. Provided, further,
that no funds shall be expended without securing
from veteran service organizations adequate data
to properly implement the program.
B. Budget Unit: State Health Planning
and Development.................... $ 431,400
State Health Planning
and Development Budget:
Personal Services............................$ 793,300
Regular Operating Expenses...................$ 57,000
Travel............................R..........$ 21,100
Publications and Printing....................$ 7,800
Equipment Purchases..........................$ -0-
Computer Charges.............................$ 30,600
GEORGIA LAWS 1982 SESSION
1967
Real Estate Rentals........................$ 80,200
Telecommunications.........................$ 24,800
Per Diem, Fees and Contracts...............$ 191,000
Postage....................................$ 6,600
Total Funds Budgeted.......................$ 1,212,400
Indirect DOAS Services Funding...........$ -0-
Agency Funds............................. $ 781,000
State Funds Budgeted.......................$ 431,400
Total Positions Budgeted 33
Authorized Motor Vehicles 0
Budget Unit Object Classes:
Personal Services..........................$ 793,300
Regular Operating Expenses.................$ 57,000
Travel.....................................$ 21,100
Publications and Printing..................$ 7,800
Equipment Purchases........................$ -0-
Computer Charges...........................$ 30,600
Real Estate Rentals........................$ 80,200
Telecommunications.........................$ 24,800
Per Diem, Fees and Contracts...............$ 191,000
Postage....................................$ 6,600
Total Positions Budgeted 33
Authorized Motor Vehicles 0
C. Budget Unit: Community Mental Health/
Mental Retardation Youth
Services and
Institutions.......................$ 268,292,440
1. Georgia Regional Hospital at
Augusta Budget:
Personal Services..........................$ 8,464,639
Regular Operating Expenses.................$ 1,058,918
Travel.....................................$ 12,430
Motor Vehicle
Equipment Purchases.....................$ 25,885
Publications and Printing..................$ 4,000
Equipment Purchases........................$ 79,316
Computer Charges......................... $ 100,108
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 95,000
Per Diem, Fees and Contracts...............$ 249,550
Utilities..................................$ 300,000
Postage....................................$ 9,150
1968
GENERAL ACTS AND RESOLUTIONS, VOL. I
Authority Lease Rentals.....................$ 387,000
Capital Outlay.....................,.......$ 188,375
Total Funds Budgeted...................*...$ 10,974,371
Agency Funds.............................. $ 1,185,814
Indirect DOAS Services Funding..............$ 65,900
State Funds Budgeted.......................$ 9,722,657
Total Positions Budgeted 497
Authorized Motor Vehicles 25
2. Georgia Regional Hospital at
Atlanta Budget:
Personal Services...........................$ 10,720,851
Regular Operating Expenses..................$ 1,445,232
Travel......................................$ 17,400
Motor Vehicle Equipment
Purchases................................$ 7,755
Publications and Printing...................$ 9,100
Equipment Purchases.........................$ 103,080
Computer Charges............................$ 147,529
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 121,000
Per Diem, Fees and Contracts................$ 312,130
Utilities...................................$ 444,000
Postage................................... $ 11,000
Capital Outlay..............................$ 34,000
Authority Lease Rentals.......i............$ 513,000
Total Funds Budgeted.........................$ 13,886,077
Agency Funds.......................... ....$ 2,171,297
Indirect DOAS Services Funding..............$ 102,100
State Funds Budgeted...................... $ 11,612,680
Total Positions Budgeted 631
Authorized Motor Vehicles 25
3. Georgia Regional Hospital at
Savannah Budget:
Personal Services......................... $ 8,693,318
Regular Operating Expenses..................$ 819,887
Travel................................ $ 14,500
Motor Vehicle
Equipment Purchases......................$ -0-
Publications and Printing.................. $ 1,900
Equipment Purchases....................... $ 47,457
Computer Charges........................... $ 140,591
Real Estate Rentals.........................$ -0-
GEORGIA LAWS 1982 SESSION
1969
Telecommunications....................... $ 106,250
Per Diem, Fees and Contracts...............$ 164,595
Utilities..................................$ 377,000
Postage....................................$ 6,900
Authority Lease Rentals...................$ 500,000
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 10,872,398
Agency Funds...............................$ 1,045,135
Indirect DOAS Services Funding.............$ 93,300
State Funds Budgeted.......................$ 9,733,963
Total Positions Budgeted 503
Authorized Motor Vehicles 22
4. West Central Georgia Regional
Hospital Budget:
Personal Services..........................$ 7,240,243
Regular Operating Expenses.................$ 847,500
Travel.....................................$ 13,200
Motor Vehicle Equipment Purchases..........$ 7,555
Publications and Printing..................$ 5,620
Equipment Purchases...................... $ 28,665
Computer Charges...........................$ 98,202
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 90,000
Per Diem, Fees and Contracts...............$ 41,000
Utilities..................................$ 371,000
Postage....................................$ 12,500
Authority Lease Rentals....................$ 666,500
Capital Outlay......I.....................$ 25,000
Total Funds Budgeted.......................$ 9,446,985
Agency Funds...............................$ 1,311,837
Indirect DOAS Services Funding.............$ 82,300
State Funds Budgeted.......................$ 8,052,848
Total Positions Budgeted 424
Authorized Motor Vehicles 25
5. Northwest Georgia Regional Hospital
at Rome Budget:
Personal Services..........................$ 10,819,965
Regular Operating Expenses.................$ 1,215,073
Travel.....................................$ 12,380
Motor Vehicle Equipment
Purchases................................$ 31,150
Publications and Printing..................$ 1,360
1970
GENERAL ACTS AND RESOLUTIONS, VOL. I
Equipment Purchases.........................$ 113,806
Computer Charges............................$ 152,291
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 96,000
Per Diem, Fees and Contracts................$ 36,600
Utilities...................................$ 1,073,210
Postage................................... $ 9,125
Capital Outlay..............................$ -0-
Authority Lease Rentals.....................$ 883,500
Total Funds Budgeted........................$ 14,444,460
Agency Funds................................$ 2,956,324
Indirect DOAS Services Funding..............$ 93,300
State Funds Budgeted........................$ 11,394,836
Total Positions Budgeted 682
Authorized Motor Vehicles 45
6. Gracewood State School
and Hospital Budget:
Personal Services...........................$ 25,757,473
Regular Operating Expenses..................$ 2,606,929
Travel......................................$ 11,725
Motor Vehicle Equipment
Purchases................................$ 14,385
Publications and Printing...................$ 6,587
Equipment Purchases....................... $ 289,623
Computer Charges............................$ 100,108
Real Estate Rentals....................... $ -0-
Telecommunications..........................$ 265,000
Per Diem, Fees and Contracts................$ 119,000
Utilities................................. $ 1,475,000
Postage................................... $ 13,900
Capital Outlay..............................$ 1,177,488
Total Funds Budgeted........................$ 31,837,218
Agency Funds................................$ 11,777,189
Indirect DOAS Services Funding..............$ 160,400
State Funds Budgeted........................$ 19,899,629
Total Positions Budgeted -
July 1, 1982 1,686
Total Positions Budgeted -
June 30, 1983 1,625
Authorized Motor Vehicles 111
GEORGIA LAWS 1982 SESSION
1971
7. Southwestern State Hospital Budget:
Personal Services..........................$ 17,866,615
Regular Operating Expenses.................$ 1,885,704
Travel.....................................$ 18,100
Motor Vehicle Equipment
Purchases................................$ 32,450
Publications and Printing..................$ 5,300
Equipment Purchases........................$ 140,780
Computer Charges...........................$ 156,486
Real Estate Rentals........................$ -0-
Telecommunication8.........................$ 143,000
Per Diem, Fees and Contracts...............$ 244,000
Utilities..................................$ 737,000
Postage.................................. $ 15,500
Capital Outlay.............................$ 50,000
Total Funds Budgeted..................... $ 21,294,935
Agency Funds.........................I....$ 6,896,538
Indirect DOAS Services Funding....V........$ 98,800
State Funds Budgeted.......................$ 14,299,597
Total Positions Budgeted -
July 1, 1982 1,155
Total Positions Budgeted -
June 30, 1983 1,139
Authorized Motor Vehicles 53
8. Georgia Retardation Center Budget:
Personal Services..........................$ 14,943,902
Regular Operating Expenses.................$ 2,534,630
Travel.....................................$ 12,800
Motor Vehicle Equipment
Purchases................................$ 25,350
Publications and Printing..................$ 6,750
Equipment Purchases........................$ 153,787
Computer Charges...........................$ 158,207
Real Estate Rentals........................$ -0-
Telecommunications....................... $ 169,200
Per Diem, Fees and Contracts...............$ 139,870
Utilities..,...............................$ 1,056,500
Postage....................................$ 12,680
Authority Lease Rentals....................$ 794,000
Capital Outlay.............................$ 100,000
Total Funds Budgeted.......................$ 20,107,676
Agency Funds...............................$ 8,607,035
Indirect DOAS Services Funding.............$ 109,800
1972
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.......................$ 11,390,841
Total Positions Budgeted -
July h 1982 935
Total Positions Budgeted -
June 30, 1983 916
Authorized Motor Vehicles 39
9. Georgia Mental Health
Institute Budget:
Personal Services...........................$ 9,073,954
Regular Operating Expenses................ $ 1,081,189
Travel......................................$ 13,900
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing...................$ 5,655
Equipment Purchases.........................$ 51,115
Computer Charges............................$ 174,054
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 172,000
Per Diem, Fees and Contracts................$ 651,915
Utilities...................................$ 1,251,000
Postage....................*3*.............$ 11,900
Authority Lease Rentals.....................$ -0-
Capital Outlay................................$ -0-
Total Funds Budgeted........................$ 12,486,682
Agency Funds............................ $ 1,075,777
Indirect DOAS Services Funding..............$ 202,100
State Funds Budgeted........................$ 11,208,805
Total Positions Budgeted 510
Authorized Motor Vehicles 20
10. Central State Hospital Budget:
Personal Services...........................$ 67,065,162
Regular Operating Expenses..................$ 9,044,690
Travel.................................... $ 22,100
Motor Vehicle Equipment
Purchases................................$ 91,110
Publications and Printing...................$ 35,500
Equipment Purchases....................... $ 191,341
Computer Charges............................$ 654,722
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 476,900
Per Diem, Fees and Contracts................$ 245,685
Utilities............................... $ 4,133,416
GEORGIA LAWS 1982 SESSION
1973
Postage....................................$ 42,500
Authority Lease Rentals....................$ 787,875
Capital Outlay.............................$ 790,000
Total Funds Budgeted.......................$ 83,581,001
Agency Funds...............................$ 22,132,222
Indirect DOAS Services Funding.............$ 617,000
State Funds Budgeted.......................$ 60,831,779
Total Positions Budgeted -
July 1, 1982 4,162
Total Positions Budgeted -
June 30, 1983 4,119
Authorized Motor Vehicles 215
11. State Youth Development
Centers Budget:
Personal Services..........................$ 11,720,488
Regular Operating Expenses.................$ 1,433,500
Travel.....................................$ 8,000
Motor Vehicle Equipment
Purchases................................$ 138,580
Publications and Printing..................$ 3,200
Equipment Purchases........................$ 204,600
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 100,000
Per Diem, Fees and Contracts...............$ 157,800
Utilities..................................$ 750,000
Postage....................................$ 19,500
Capital Outlay.............................$ 340,000
Total Funds Budgeted.......................$ 14,875,668
Agency Funds...............................$ 447,074
State Funds Budgeted.......................$ 14,428,594
Total Positions Budgeted 714
Authorized Motor Vehicles 103
12. Regional Youth Development
Centers Budget:
Personal Services..........................$ 6,190,928
Regular Operating Expenses.................$ 866,100
Travel............................v........$ 12,000
Motor Vehicle
Equipment Purchases......................$ 33,085
Publications and Printing..................$ 3,000
Equipment Purchases........................$ 68,995
1974
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges...........................$ -0-
Real Estate Rentals.........>,............$ -0-
Telecommunications.........................$ 56,500
Per Diem, Fees and Contracts...............$ 76,500
Utilities................................ $ 500,000
Postage....................................$ 9,500
Capital Outlay.............................$ 5,000
Reserve for Athens RYDC....................$ 82,000
Grants to County-Owned
Detention Centers.......................$ 2,418,125
Total Funds Budgeted.......................$ 10,321,733
Agency Funds............................. $ 324,897
State Funds Budgeted.......................$ 9,996,836
Total Positions Budgeted 406
Authorized Motor Vehicles 41
13. Community Mental Health/
Mental Retardation
Services Budget:
Personal Services..................*.......$ 9,061,460
Regular Operating Expenses.................$ 544,309
Travel................................. $ 55,360
Motor Vehicle Equipment
Purchases........................... $ 40,700
Publications and Printing..................$ 6,000
Equipment Purchases...................... $ 20,500
Computer Charges....................... $ -0-
Real Estate Rentals........*...........*......$ 108,600
Telecommunications.........................$ 48,250
Per Diem, Fees and Contracts...............$ 255,150
Utilities..................................$ 28,300
Postage................................. $ 3,275
Capital Outlay.............................$ -0-
Drug Abuse Contracts...................... $ 1,098,200
Day Care Centers for the
Mentally Retarded.......................$ 45,534,326
MR Day Care Center Motor
Vehicle Purchases.......................$ 579,000
Supportive Living Staff....................$ 1,368,000
Supportive Living Benefits.................$ 3,944,733
Georgia State Foster
Grandparent/Senior
Companion Program................... $ 514,000
Community Mental Health
Center Services.........................$ 56,392,629
GEORGIA LAWS 1982 SESSION 1975
Project Rescue..............................$ 249,412
Project ARC.................................$ 155,000
Project Friendship........................ $ 209,000
Group Homes for
Autistic Children.........................$ 260,140
Uniform Alcoholism Projects.................$ 2,288,250
Community Mental
Retardation Staff.........................$ 2,626,866
Community Mental Retardation
Residential Services......................$ 7,973,740
Total Funds Budgeted........................$ 133,365,200
Social Services
Block Grant Funds.........................$ 20,700,000
Agency Funds................................$ 46,702,921
State Funds Budgeted........................$ 65,962,279
Total Positions Budgeted 453
Authorized Motor Vehicles 803
Community Mental Health/Mental Retardation
Services Functional Budgets
Mental Health
Community
Assistance
Outdoor Therapeutic
Program
Mental Retardation
Community
Assistance
Central Pharmacy
Metro Drug Abuse
Centers
Day Care Centers for
the Mentally
Retarded
Total Funds State Funds Pos.
$ 5,442,527 $ 5,332,145 240
$ 840,455 $ 833,966 35
$ 1,483,332 $ 1,468,602 64
$ 105,503 $ 104,455 3
$ 1,091,991 $
454,351 47
$ 46,428,739 $ 22,480,105 21
1976
GENERAL ACTS AND RESOLUTIONS, VOL. I
Supportive Living
Georgia State Foster
Grandparent/Senior
Companion Program
Community Mental
Retardation Staff
Community Mental
Retardation
Residential Services
Group Homes for
Autistic Children
Project Rescue
Drug Abuse Contracts
Project ARC
Project Friendship
Community Mental
Health Center
Services
Uniform Alcoholism
Projects
Central Laboratory
Undistributed
Total
$ 5,312,733 $ 3,082,733 0
$ 514,000 $ 514,000 0
$ 2,626,866 $ 1,927,733 0
$ 7,973,740 $ 5,999,019 0
260,140 $
249,412 $
1,098,200 $
155.000 $
209.000 $
260,140
86,412
252,562
155.000
209.000
$
-0- $
-0-
0
0
0
0
0
$ 57,119,482 $ 20,735,506 36
$ 2,288,250 $ 2,066,550 0
$ 165,830 $ -0- 7
0
$ 133,365,200 $ 65,962,279 453
14. Community Youth Services Budget:
Personal Services........................$ 7,815,993
Regular Operating Expenses...............$ 1,046,644
Travel...................................$ 378,800
Motor Vehicle Equipment Purchases........$ 24,750
Publications and Printing................$ 3,750
Equipment Purchases......................$ 32,685
GEORGIA LAWS 1982 SESSION 1977
Computer Charges......................... $ -0-
Real Estate Rentals........................$ 274,200
Telecommunications.........................$ 208,500
Per Diem, Fees and Contracts...............$ -0-
Utilities..................................$ 30,200
Postage....................................$ 20,850
Child Care Benefits........................$ 15,000
Total Funds Budgeted.......................$ 9,851,372
State Funds Budgeted.......................$ 9,757,096
Total Positions Budgeted 421
Authorized Motor Vehicles 19
Community Youth Services Functional Budgets
Total Funds State Funds Pos.
420,550 $ 420,550 19
Group Homes $
Community Detention $ 1,239,074 $
Day Centers $ 552,475 $
Community Treatment
Centers $ 1,692,525 $
Court Services $ 5,503,798 $
Runaway Investigations $ 372,250 $
Interstate Compact $ 70,700 $
Undistributed $ -0- $
Total $ 9,851,372 $
1,239,074
552,475
18
24
1,692,525 82
5,409,522 260
372,250 15
70,700 3
-0- 0
9,757,096 421
15. Regular Operating Expense
Reserve Budget:
Regular Operating Expense................$
Total Funds................................$
State Funds................................$
-0-
-0-
-0-
1978
GENERAL ACTS AND RESOLUTIONS, VOL. I
Budget Unit Object Classes:
Personal Services.........................$ 215,434,991
Regular Operating Expenses................$ 26,430,305
Travel....................................$ 602,695
Motor Vehicle Equipment
Purchases...............................$ 472,755
Publications and Printing.................$ 97,722
Equipment Purchases.......................$ 1,525,750
Computer Charges..........................$ 1,882,298
Real Estate Rentals.......................$ 382,800
Telecommunications........................$ 2,147,600
Per Diem, Fees and Contracts..............$ 2,693,795
Utilities.................................$ 12,526,626
Postage...................................$ 198,280
Capital Outlay............................$ 2,709,863
Authority Lease Rentals...................$ 4,531,875
Grants to County-Owned
Detention Centers.......................$ 2,418,125
Reserve for Athens RYDC...................$ 82,000
Drug Abuse Contracts.....................$ 1,098,200
Day Care Centers for the
Mentally Retarded.......................$ 45,534,326
MR Day Care Center Motor
Vehicle Purchases.......................$ 579,000
Supportive Living Staff...................$ 1,368,000
Supportive Living Benefits................$ 3,944,733
Georgia State Foster
Grandparent/Senior
Companion Program.......................$ 514,000
Community Mental Health
Center Services.........................$ 56,392,629
Project Rescue............................$ 249,412
Project ARC...............................$ 155,000
Project Friendship...................... $ 209,000
Group Homes for
Autistic Children.......................$ 260,140
Uniform Alcoholism Projects...............$ 2,288,250
Child Care Benefits.......................$ 15,000
Community Mental
Retardation Staff.......................$ 2,626,866
GEORGIA LAWS 1982 SESSION
1979
Community Mental Retardation
Residential Services......................$ 7,973,740
Total Positions Budgeted -
July 1, 1982 13,179
Total Positions Budgeted -
June 30, 1983 13,040
Authorized Motor Vehicles 1,546
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 Mental Retardation Resi-
dential Services, the Department is authorized to
increase the maximum monthly payments to ser-
vice providers from $350 to $385 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 Mental Retardation
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 fur-
ther provided that these residential services are
available to clients residing in the community as
well as those returning to their communities from
the institution.
1980
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, 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.
Provided, that of the above appropriation
relating to Central State Hospital, the Department
is authorized to establish a unit for the severely
psychiatrically regressed with existing funds and
personnel.
Section 27. Department of Industry
and Trade.
A. Budget Unit: Department of Industry
and Trade..................... $ 8,828,608
1. Industry Budget:
Personal Services........................$ 553,000
Regular Operating Expenses...............$ 11,805
Travel...................................$ 43,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 8,000
Equipment Purchases......................$ 547
Computer Charges.........................$ 12,500
Real Estate Rentals......................$ -0-
Telecommunications.......................$ -0-
GEORGIA LAWS 1982 SESSION 1981
Per Diem, Fees and Contracts..............$ 1,000
Total Funds Budgeted......................$ 629,852
State Funds Budgeted......................$ 623,553
Total Positions Budgeted 23
2. Research Budget:
Personal Services.........................$ 320,000
Regular Operating Expenses................$ 4,840
Travel....................................$ 2,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 20,100
Equipment Purchases.......................$ 2,700
Computer Charges..........................$ 3,066
Real Estate Rentals.......................$ -0-
Telecommunications........................$ -0-
Per Diem, Fees and Contracts..............$ 7,923
Total Funds Budgeted......................$ 360,629
State Funds Budgeted......................$ 357,023
Total Positions Budgeted 14
3. Tourism - Promotional Budget:
Personal Services.........................$ 648,119
Regular Operating Expenses................$ 72,675
Travel....................................$ 65,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 239,500
Equipment Purchases.......................$ 5,355
Computer Charges..........................$ 22,400
Real Estate Rentals.......................$ -0-
Telecommunications........................$ -0-
Per Diem, Fees and Contracts..............$ 61,280
Historic Chattahoochee
Commission Contract....................$ 40,000
Total Funds Budgeted......................$ 1,154,329
State Funds Budgeted......................$ 1,143,212
Total Positions Budgeted 30
4. Tourist - Welcome Centers Budget:
Personal Services.........................$ 1,358,000
Regular Operating Expenses................$ 338,755
Travel....................................$ 36,330
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 12,000
Equipment Purchases.......................$ 19,605
1982
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges...................'...i..$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 13,924
Per Diem, Fees and Contracts..............$ 4,450
Capital Outlay.......................... $ -0-
Local Welcome Centers.....................$ 95,000
Total Funds Budgeted.................... $ 1,878,064
State Funds Budgeted......................$ 1,770,233
Total Positions Budgeted 99
5. Internal Administration Budget:
Personal Services.........................$ 605,000
Regular Operating Expenses................$ 240,270
Travel....................................$ 15,000
Motor Vehicle Equipment Purchases.........$ 48,200
Publications and Printing.................$ 40,000
Equipment Purchases.......................$ 1,058
Computer Charges..........................$ 860
Real Estate Rentals.......................$ 225,000
Telecommunications........................$ 115,600
Per Diem, Fees and Contracts..............$ 17,000
Postage........................... ....$ 160,000
Georgia Ports Authority -
Authority Lease Rentals.................$ 2,605,000
Georgia Ports Authority -
General Obligation Bond
Payments.............................. $ 1,000,000
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......................$ 100,000
Georgia World Congress Center
Marketing Program.......................$ -0-
International Council of
Georgia, Inc............................$ -0-
Georgia Semiquincentenary
Commission........................:.....$ 80,000
Total Funds Budgeted.................... $ 5,312,988
State Funds Budgeted......................$ 3,208,124
Total Positions Budgeted 25
GEORGIA LAWS 1982 SESSION
1983
6. International Budget:
Personal Services.........................$ 570,000
Regular Operating Expenses................$ 47,930
Travel...........................................80,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 25,000
Equipment Purchases.......................$ 3,010
Computer Charges..........................$ 20,000
Real Estate Rentals.......................$ 47,190
Telecommunications...................... $ 24,926
Per Diem, Fees and Contracts..............$ 89,250
Total Funds Budgeted......................$ 907,306
State Funds Budgeted......................$ 898,463
Total Positions Budgeted 16
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.........................$ 4,054,119
Regular Operating Expenses................$ 716,275
Travel....................................$ 241,330
Motor Vehicle Equipment Purchases.........$ 48,200
Publications and Printing.................$ 344,600
Equipment Purchases.......................$ 32,275
Computer Charges..........................$ 58,826
Real Estate Rentals.......................$ 272,190
Telecommunications........................$ 154,450
Per Diem, Fees and Contracts..............$ 180,903
Postage...................................$ 160,000
Capital Outlay............................$ -0-
Local Welcome Center Contracts............$ 95,000
Advertising...............................$ 828,000
Georgia Ports Authority -
Authority Lease Rentals.................$ 2,605,000
Georgia Ports Authority -
General Obligation Bond
Payments................................$ 1,000,000
Historic Chattahoochee
Commission Contract.....................$ 40,000
1984
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.......................$ 100,000
Georgia World Congress Center
Marketing Program........................$ -0-
International Council of
Georgia, Inc.............................$ -0-
Georgia Semiquincentenary
Commission..........................<...$ 80,000
Total Positions Budgeted 207
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.........................$ 2,880,909
Regular Operating Expenses.................$ 1,085,408
Travel.....................................$ 24,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 21,000
Equipment Purchases........................$ 40,000
Computer Charges...........................$ 600
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 45,840
Per Diem, Fees and Contracts...............$ 157,080
Atlanta Convention and
Visitors Bureau..........................$ 765,972
Total Funds Budgeted.......................$ 5,020,809
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 120
2. Georgia Ports Authority Budget:
Personal Services..........................$ 23,953,056
Regular Operating Expenses.................$ 7,870,228
Travel.....................................$ 435,207
Motor Vehicle Equipment
Purchases................................$ 472,080
Publications and Printing..................$ 108,108
GEORGIA LAWS 1982 SESSION
1985
Equipment Purchases.......................$ 3,836,805
Real Estate Rentals.......................$ 99,403
Telecommunications.........................$ 302,960
Repayments for State General
Obligation Bonds and Authority
Lease Rental Obligations.................$ 2,089,184
Computer Charges...........................$ 457,142
Per Diem, Fees and Contracts...............$ 1,211,582
Other Debt-Service Payments................$ 696,150
Capital Outlay - Internal
Operations...............................$ 4,024,965
Capital Reinvestment.......................$ -0-
Total Funds Budgeted.......................$ 45,556,870
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 750
Budget Unit Object Classes:
Personal Services..........................$ 26,833,965
Regular Operating Expenses.................$ 8,955,636
Travel....................................$ 459,207
Motor Vehicle Equipment
Purchases................................$ 472,080
Publications and Printing..................$ 129,108
Equipment Purchases........................$ 3,876,805
Computer Charges...........................$ 457,742
Real Estate Rentals........................$ 99,403
Telecommunications.........................$ 348,800
Per Diem, Fees and Contracts..:............$ 1,368,662
Repayments for State General
Obligation Bonds and Authority
Lease Rental Obligations.................$ 2,089,184
Other Debt-Service Payments................$ 696,150
Capital Outlay - Internal
Operations...............................$ 4,024,965
Atlanta Convention and
Visitors Bureau..........................$ 765,972
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
1986
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 appropri-
ations 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.
Section 28. Department of Labor.
A. Budget Unit: Inspection Division............$ 781,882
Inspection Division Budget:
Personal Services.........................$ 639,000
Regular Operating Expenses................$ 10,200
Travel....................................$ 119,024
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ 5,000
Equipment Purchases.......................$ 465
Computer Charges........................ $ -0-
Real Estate Rentals.......................$ 7,591
Telecommunications........................$ 8,000
Per Diem, Fees and Contracts..............$ 500
Total Funds Budgeted......................$ 789,780
State Funds Budgeted......................$ 781,882
Total Positions Budgeted 29
GEORGIA LAWS 1982 SESSION
1987
Budget Unit Object Classes:
Personal Services..........................$ 639,000
Regular Operating Expenses.................$ 10,200
Travel.....................................$ 119,024
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 5,000
Equipment Purchases.......................$ 465
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 7,591
Telecommunications.........................$ 8,000
Per Diem, Fees and Contracts...............$ 500
Total Positions Budgeted 29
B. Budget Unit: Basic Employment, Work
Incentive, Correctional
Services and Comprehensive
Employment and Training......................$ 3,156,367
1. Basic Employment Security
and W.I.N. Budget:
Personal Services..........................$ 38,192,569
Regular Operating Expenses.................$ 2,396,700
Travel.....................................$ 1,057,741
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 10,600
Equipment Purchases........................$ 1,005,000
Computer Charges...........................$ 1,038,000
Real Estate Rentals........................$ 1,117,000
Telecommunications.........................$ 948,000
Per Diem, Fees and Contracts...............$ 1,250,000
W.I.N. Grants..............................$ 600,000
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 47,615,610
State Funds Budgeted.......................$ 1,278,049
Total Positions Budgeted 1,601
2. Comprehensive Employment
and Training Act (CETA) Budget:
Personal Services..........................$ 8,242,500
Regular Operating Expenses.................$ 839,200
Travel.....................................$ 121,000
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing..................$ 6,000
1988
GENERAL ACTS AND RESOLUTIONS, VOL. I
Equipment Purchases........................$ 87,000
Computer Charges...........................$ 104,000
Real Estate Rentals........................$ 206,000
Telecommunications.........................$ 113,000
Per Diem, Fees and
Contracts (CETA).........................$ 381,000
CETA Direct Benefits.......................$ 34,500,000
Total Funds Budgeted.......................$ 44,599,700
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 422
3. Correctional Services Budget:
Personal Services..........................$ 1,668,300
Regular Operating Expenses.................$ 44,700
Travel.....................................$ 50,866
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 750
Equipment Purchases........................$ 1,000
Computer Charges...........................$ 3,600
Real Estate Rentals........................$ 63,000
Telecommunications.........................$ 39,000
Per Diem, Fees and Contracts...............$ 23,600
Total Funds Budgeted.......................$ 1,894,816
State Funds Budgeted.......................$ 1,878,318
Total Positions Budgeted 74
Budget Unit Object Classes:
Personal Services..........................$ 48,103,369
Regular Operating Expenses.................$ 3,280,600
Travel.....................................$ 1,229,607
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing................ $ 17,350
Equipment Purchases........................$ 1,093,000
Computer Charges...........................$ 1,145,600
Real Estate Rentals........................$ 1,386,000
Telecommunications.........................$ 1,100,000
Per Diem, Fees and
Contracts (CETA).........................$ 381,000
Per Diem, Fees and Contracts...............$ 1,273,600
W.I.N. Grants..............................$ 600,000
CETA Direct Benefits.......................$ 34,500,000
GEORGIA LAWS 1982 SESSION 1989
Capital Outlay..............................$ -0-
Total Positions Budgeted 2,097
Authorized Motor Vehicles 6
Section 29. Department of Law.
Budget Unit: Department of Law................$ 4,253,633
Attorney Generals Office Budget:
Personal Services.........................$ 3,747,000
Regular Operating Expenses................$ 214,700
Travel....................................$ 105,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 37,200
Equipment Purchases..................... $ 6,800
Computer Charges..........................$ 9,252
Books for State Library...................$ 53,000
Real Estate Rentals.......................$ 293,480
Telecommunications........................$ 89,891
Per Diem, Fees and Contracts..............$ 40,000
Capital Outlay............................$ -0-
Total Funds Budgeted.....t.............. $ 4,596,323
State Funds Budgeted......................$ 4,253,633
Total Positions Budgeted 116
Budget Unit Object Classes:
Personal Services.........................$ 3,747,000
Regular Operating Expenses................$ 214,700
Travel....................................$ 105,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 37,200
Equipment Purchases.......................$ 6,800
Computer Charges..........................$ 9,252
Real Estate Rentals.......................$ 293,480
Telecommunications........................$ 89,891
Per Diem, Fees and Contracts..............$ 40,000
Books for State Library...................$ 53,000
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-
1990
GENERAL ACTS AND RESOLUTIONS, VOL. I
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,
$38,000 is designated and committed for Court
Reporter Fees.
Section 30. Department of
Medical Assistance.
Budget Unit: Medicaid Services.................$ 202,770,526
1. Commissioners Office Budget:
Personal Services........................ $ 1,557,819
Regular Operating Expenses.................$ 37,973
Travel.....................................$ 85,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 10,358
Equipment Purchases........................$ 5,602
Computer Charges...................?...$ -0-
Real Estate Rentals..................>.....$ 59,000
Telecommunications....................... $ 55,900
Per Diem, Fees and Contracts...............$ 26,000
Postage.................................. $ 950
Utilities..................................$ -0-
Audits Contracts......................... $ -0-
Total Funds Budgeted.......................$ 1,839,102
State Funds Budgeted.......................$ 864,792
Total Positions Budgeted 74
2. Administration Budget:
Personal Services........................ $ 986,772
Regular Operating Expenses.................$ 64,711
Travel.................................,...$ 11,000
Motor Vehicle Equipment Purchases..........$ -0-
GEORGIA LAWS 1982 SESSION 1991
Publications and Printing..................$ 17,500
Equipment Purchases........................$ 2,000
Computer Charges...........................$ 55,000
Real Estate Rentals........................$ 67,500
Telecommunications.........................$ 25,960
Per Diem, Fees and Contracts...............$ 233,500
Postage....................................$ 164,564
Utilities..................................$ -0-
Audits Contracts...........................$ 599,700
Total Funds Budgeted.......................$ 2,228,207
State Funds Budgeted.......................$ 870,372
Total Positions Budgeted 45
3. Program Management Budget:
Personal Services..........................$ 1,838,355
Regular Operating Expenses.................$ 63,011
Travel.....................................$ 50,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 36,200
Equipment Purchases........................$ 3,000
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 69,600
Telecommunications.........................$ 78,200
Per Diem, Fees and Contracts...............$ 8,736,700
Postage....................................$ -0-
Utilities..................................$ -0-
Contract with Georgia Medical
Care Foundation..........................$ -0-
Total Funds Budgeted.......................$ 10,875,066
State Funds Budgeted.......................$ 1,391,487
Total Positions Budgeted 98
4. Operations Budget:
Personal Services..........................$ 1,868,708
Regular Operating Expenses.................$ 166,968
Travel.....................................$ 4,800
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 114,000
Equipment Purchases........................$ 1,800
Computer Charges...........................$ 8,237,661
Real Estate Rentals........................$ 95,600
Telecommunications.........................$ 89,700
Per Diem, Fees and Contracts...............$ 76,000
Postage....................................$ 675,659
1992
GENERAL ACTS AND RESOLUTIONS, VOL. I
Utilities...................................$ -0-
Total Funds Budgeted........................$ 11,330,896
Indirect DO AS Services Funding.............$ 1,400,000
Agency Funds................................$ 8,420,288
State Funds Budgeted........................$ 1,510,608
Total Positions Budgeted 111
5. Benefits Payments Budget:
Medicaid Benefits...........................$ 619,689,843
Payments to Counties
for Mental Health........................$ 8,898,900
Total Funds Budgeted........................$ 628,588,743
State Funds Budgeted........................$ 198,133,267
Total Positions Budgeted 0
Budget Unit Object Classes:
Personal Services...........................$ 6,251,654
Regular Operating Expenses..................$ 332,663
Travel......................................$ 151,300
Motor Vehicle Equipment
Purchases.............................. $ -0-
Publications and Printing...................$ 178,058
Equipment Purchases....................... $ 12,402
Computer Charges............................$ 8,292,661
Real Estate Rentals.........................$ 291,700
Telecommunications..........................$ 249,760
Per Diem, Fees and Contracts................$ 9,072,200
Postage................................... $ 841,173
Utilities...................................$ -0-
Medicaid Benefits......................... $ 619,689,843
Payments to Counties for
Mental Health............................$ 8,898,900
Audits Contracts............................$ 599,700
Contract with Georgia
Medical Care Foundation..................$ -0-
Total Positions Budgeted 328
Authorized Motor Vehicles 4
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 therebefore.
GEORGIA LAWS 1982 SESSION
1993
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......8........$ 4,574,525
1. Applicant Services Budget:
Personal Services.........................$ 831,040
Regular Operating Expenses................$ 16,490
Travel....................................$ 11,670
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing.................$ 55,000
Equipment Purchases.......................$ 6,250
Computer Charges..........................$ 416,130
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 20,260
Per Diem, Fees and Contracts..............$ 2,800
Postage...................................$ 75,480
Total Funds Budgeted......................$ 1,435,120
Agency Assessments........................$ 1,435,120
Total Positions Budgeted 41
2. Classification and Compensation
Budget:
Personal Services....................... $ 458,655
Regular Operating Expenses................$ 6,160
Travel....................................$ 2,465
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 7,840
Equipment Purchases.......................$ -0-
Computer Charges..........................$ 159,665
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 6,530
Per Diem, Fees and Contracts..............$ 1,000
Postage...................................$ 2,555
Total Funds Budgeted......................$ 644,870
1994
GENERAL ACTS AND RESOLUTIONS, VOL. I
Agency Assessments........................$ 644,870
Total Positions Budgeted 20
3. Program Evaluation and Audit Budget:
Personal Services.........................$ 301,225
Regular Operating Expenses................$ 8,470
Travel....................................$ 1,025
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 800
Equipment Purchases..................'....$ 225
Computer Charges..........................$ 207,565
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 5,195
Per Diem, Fees and Contracts..............$ -0-
Postage...................................$ 1,100
Total Funds Budgeted......................$ 525,605
Agency Assessments........................$ 525,605
Total Positions Budgeted 14
4. Employee Training and
Development Budget:
Personal Services.........................$ 561,745
Regular Operating Expenses................$ 29,000
Travel....................................$ 22,765
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 20,000
Equipment Purchases.......................$ 2,350
Computer Charges..........................$ 15,965
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 10,720
Per Diem, Fees and Contracts..............$ 127,500
Postage................................. $ 3,600
Total Funds Budgeted......................$ 793,645
Agency Assessments........................$ 793,645
Total Positions Budgeted 24
5. Health Insurance
Administration Budget:
Personal Services.........................$ 438,435
Regular Operating Expenses................$ 11,220
Travel.................................. $ 3,595
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing......1;........$ 9,900
Equipment Purchases.......................$ 1,425
GEORGIA LAWS 1982 SESSION 1995
Computer Charges..........................$ 234,280
Real Estate Rentals.......................$ 23,000
Telecommunications........................$ 38,485
Per Diem, Fees and Contracts..............$ 3,427,270
Postage...................................$ 24,420
Total Funds Budgeted......................$ 4,212,030
Other Health Insurance
Agency Funds............................$ -0-
Employer and Employee
Contributions...........................$ 4,212,030
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..............$ 4,678,665
Postage...................................$ -0-
Health Insurance Claims...................$ 134,990,000
Total Funds Budgeted......................$ 139,668,665
Other Health Insurance
Agency Funds............................$ -0-
Employer and Employee
Contributions...........................$ 139,668,665
Total Positions Budgeted 0
7. Internal Administration Budget:
Personal Services.........................$ 675,150
Regular Operating Expenses................$ 16,510
Travel....................................$ 5,475
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 8,000
Equipment Purchases.......................$ 1,615
Computer Charges..........................$ 63,995
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 14,440
Per Diem, Fees and Contracts..............$ -0-
1996
GENERAL ACTS AND RESOLUTIONS, VOL. I
Postage...................................$ 3,330
Federal Sub-grants to
State and Local Agencies................$ -0-
Total Funds Budgeted......................$ 788,515
Agency Assessments........................$ 615,920
Employer and Employee Contributions......$ 144,011
Deferred Compensation.....................$ 28,584
Total Positions Budgeted 35
8. Commissioners Office Budget:
Personal Services.........................$ 283,750
Regular Operating Expenses................$ 13,825
Travel......................I............$ 9,200
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 14,630
Equipment Purchases.......................$ -0-
Computer Charges.............................$ -0-
Real Estate Rentals.......................$ 178,950
Telecommunications........................$ 5,385
Per Diem, Fees and Contracts............ $ 49,960
Postage........................8.........$ 3,665
Total Funds Budgeted......................$ 559,365
Agency Assessments........................$ 559,365
Total Positions Budgeted 8
Budget Unit Object Classes:
Personal Services.........................$ 3,550,000
Regular Operating Expenses................$ 101,675
Travel.................................. $ 56,195
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing.................$ 116,170
Equipment Purchases.......................$ 11,865
Computer Charges........................ $ 1,097,600
Real Estate Rentals.......................$ 201,950
Telecommunications........................$ 101,015
Per Diem, Fees and Contracts..............$ 8,287,195
Postage...................................$ 114,150
Federal Sub-grants to
State and Local Agencies................$ -0-
Health Insurance Claim Payments...........$ 134,990,000
Total Positions Budgeted 166
Authorized Motor Vehicles 0
GEORGIA LAWS 1982 SESSION
1997
Provided, that it is the intent of this General
Assembly that the employer contribution paid by
the State for Teachers Health Insurance shall be
for State allotted teachers, and the base for this
payment shall be the eligible salary for teachers
according to the Teacher Salary Index, before the
assignment of Required Local Effort.
Section 32. Department of Natural
Resources.
A. Budget Unit: Department of Natural
Resources...........................$ 48,475,732
1. Internal Administration Budget:
Personal Services....................... $ 1,925,800
Regular Operating Expenses................$ 183,504
Travel............................i1.....$ 19,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 187,290
Equipment Purchases..................... $ 7,900
Computer Charges..........................$ 171,325
Real Estate Rentals.......................$ 153,542
Telecommunications........................$ 70,714
Per Diem, Fees and Contracts..............$ 68,500
Postage................................. $ 96,800
Capital Outlay - Heritage Trust...........$ 75,000
Total Funds Budgeted......................$ 2,959,875
Receipts from Jekyll Island
State Park Authority and
Stone Mountain Memorial
Association.............................$ 40,000
State Funds Budgeted......................$ 2,866,676
Total Positions Budgeted 84
2. Game and Fish Budget:
Personal Services........................ $ 11,465,687
Regular Operating Expenses................$ 3,293,350
Travel....................................$ 93,775
Motor Vehicle Equipment
Purchases...............................$ 698,012
Publications and Printing.................$ 80,300
Equipment Purchases.......................$ 345,200
Computer Charges..........................$ 50,800
Real Estate Rentals.......................$ 42,581
1998
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications....................... $ 221,150
Per Diem, Fees and Contracts...............$ 83,155
Postage............................j.......$ 64,000
Capital Outlay - Hatchery
Renovation...............................$ 8,000
Capital Outlay - Repairs
and Maintenance..........................$ -0-
Capital Outlay.............................$ 433,730
Grants to Local Governments................$ -0-
Capital Outlay -
Consolidated Maintenance.................$ 241,506
Capital Outlay - Heritage
Trust - Wildlife Management
Area Land Acquisition....................$ 350,000
Total Funds Budgeted.......................$ 17,471,246
Indirect DOAS Services Funding.............$ 100,000
State Funds Budgeted.......................$ 13,941,989
Total Positions Budgeted 484
3. Parks, Recreation and
Historic Sites Budget:
Personal Services......................... $ 8,211,000
Regular Operating Expenses.................$ 3,614,241
Travel................................... $ 100,323
Motor Vehicle Equipment
Purchases................................$ 177,297
Publications and Printing..................$ 125,000
Equipment Purchases........................$ 254,600
Computer Charges......................... $ 17,220
Real Estate Rentals.....!;.................$ 111,392
Telecommunications.........................$ 230,270
Per Diem, Fees and Contracts...............$ 185,600
Postage.................................. $ 65,000
Capital Outlay.............................$ 286,000
Capital Outlay - Repairs
and Maintenance........................ $ 1,525,850
Capital Outlay - Shop Stock................$ 300,000
Cost of Material for Resale................$ 825,000
Authority Lease Rentals..................*.$ 2,033,000
Land and Water Conservation
Grants...................................$ 1,500,000
Recreation Grants..........................$ 390,000
YACC and YCC Grants...................... $ -0-
Contract - Special Olympics, Inc...........$ 186,000
GEORGIA LAWS 1982 SESSION 1999
Georgia Sports Hall of Fame................$ 50,000
Capital Outlay - User Fee
Enhancements............................$ 1,200,000
Technical Assistance Contract..............$ 100,000
Total Funds Budgeted..................:....$ 21,487,793
Indirect DO AS Services Funding............$ 100,000
State Funds Budgeted.......................$ 12,715,502
Total Positions Budgeted 394
4. Environmental Protection Budget:
Personal Services..........................$ 8,703,466
Regular Operating Expenses.................$ 662,987
Travel.....................................$ 288,510
Motor Vehicle Equipment
Purchases...............................$ 36,214
Publications and Printing................. $ 74,300
Equipment Purchases........................$ 45,398
Computer Charges...........................$ 128,550
Real Estate Rentals........................$ 482,560
Telecommunications.........................$ 174,440
Per Diem, Fees and Contracts...............$ 682,699
Postage....................................$ 98,000
Solid Waste Grants.........................$ 1,500,000
Water and Sewer Grants.....................$ 6,000,000
Contract with U.S. Geological
Survey for Ground Water
Resources Survey........................$ 250,437
Topographic Mapping U.S.
Geological Survey.......................$ 125,000
Total Funds Budgeted.......................$ 19,252,561
State Funds Budgeted.......................$ 15,983,873
Total Positions Budgeted 347
5. Coastal Resources Budget:
Personal Services..........................$ 755,301
Regular Operating Expenses.................$ 225,911
Travel.....................................$ 20,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 28,100
Equipment Purchases........................$ 5,231
Computer Charges...........................$ 14,894
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 24,361
Per Diem, Fees and Contracts...............$ 8,450
2000
GENERAL ACTS AND RESOLUTIONS, VOL. I
Postage............................. ....$ 16,900
Capital Outlay...........................$ -0-
Capital Outlay - Repairs
and Maintenance........................$ 2,763
Capital Outlay - Buoy Maintenance........$ 13,000
Total Funds Budgeted.....................$ 1,114,911
State Funds Budgeted.....................$ 1,061,900
Total Positions Budgeted 29
6. Lake Lanier Islands Development
Authority Budget:
Payments to Lake Lanier Islands
Development Authority for
Operations.............................$ 510,884
Payments to Lake Lanier Islands
Development Authority for
Capital Outlay.........................$ 376,847
Total Funds Budgeted.....................$ 887,731
State Funds Budgeted.....................$ 887,731
Total Positions Budgeted 0
7. Jekyll Island State Park
Authority Budget:
Payments to Jekyll Island State
Park Authority for Operations..........$ -0-
Payments to Jekyll Island
State Park Authority
for Capital Outlay..i................ $ 938,061
Total Funds Budgeted.....................$ 938,061
State Funds Budgeted.............1.......$ 938,061
Total Positions Budgeted 0
8. Georgia Hazardous Waste
Management Authority Budget:
Payments to Georgia Hazardous
Waste Management Authority.............$ 80,000
Total Funds Budgeted.....................$ 80,000
State Funds Budgeted.....................$ 80,000
Total Positions Budgeted 0
Budget Unit Object Classes:
Personal Services........................$ 31,061,254
Regular Operating Expenses...............$ 7,979,993
Travel...................................$ 522,108
GEORGIA LAWS 1982 SESSION
2001
Motor Vehicle Equipment
Purchases................................$ 911,523
Publications and Printing..................$ 494,990
Equipment Purchases.................*......$ 658,329
Computer Charges...........................$ 382,789
Real Estate Rentals........................$ 790,075
Telecommunications.........................$ 720,935
Per Diem, Fees and Contracts...............$ 1,028,404
Postage....................................$ 340,700
Land and Water Conservation
Grants...................................$ 1,500,000
Recreation Grants...................i......$ 390,000
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.........................$ 250,437
Contract with U.S. Geological
Survey for Topographic Maps..............$ 125,000
Capital Outlay - Hatchery
Renovation...............................$ 8,000
Capital Outlay.............................$ 719,730
Capital Outlay - Repairs
and Maintenance........................ $ 1,528,613
Capital Outlay - Shop Stock.........I......$ 300,000
Capital Outlay - Heritage Trust............$ 75,000
Authority Lease Rentals....................$ 2,033,000
Cost of Material for Resale................$ 825,000
Payments to Lake Lanier
Islands Development Authority
for Operations...........................$ 510,884
Payments to Lake Lanier
Islands Development Authority
for Capital Outlay.......................$ 376,847
Payments to Jekyll Island State
Park Authority for Operations............$ -0-
Payments to Jekyll Island State
Park Authority for Capital
Outlay...................................$ 938,061
2002
GENERAL ACTS AND RESOLUTIONS, VOL. I
Contract - Special Olympics,
Inc.....................................$ 186,000
Georgia Sports Hall of Fame...............$ 50,000
Capital Outlay - Heritage
Trust - Wildlife Management
Area Land Acquisition...................$ 350,000
Payments to Georgia Hazardous
Waste Management Authority..............$ 80,000
Capital Outlay - User Fee
Enhancements............................$ 1,200,000
Capital Outlay - Buoy
Maintenance.............................$ 13,000
Capital Outlay -
Consolidated Maintenance................$ 241,506
Technical Assistance Contract.............$ 100,000
Total Positions Budgeted 1,338
Authorized Motor Vehicles 1,017
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 to counties and municipali-
ties for emergency type projects, and that
$5,000,000 is designated and committed for grants
to local governments for water and sewer projects
utilizing a maximum State match of 50% of the
total cost of each project. Provided, further that
no allocation of funds for this purpose shall be
made prior to the official approval thereof by the
Board of Natural Resources.
Provided that to the extent State Parks and
Historic Sites receipts are realized in excess of the
amount of such funds contemplated in this Act,
the Department of Natural Resources is autho-
rized and directed to use the excess receipts to
provide for the most immediate critical needs of
GEORGIA LAWS 1982 SESSION
2003
the Parks, Recreation and Historic Sites Division
to include repairs and maintenance of State Parks
and Historic Sites facilities.
B. Budget Unit: Authorities..................$ -0-
1. Lake Lanier Islands Development
Authority Budget:
Personal Services.........................$ 1,508,000
Regular Operating Expenses................$ 581,500
Travel....................................$ 5,950
Motor Vehicle Equipment Purchases.........$ 34,500
Publications and Printing.................$ 42,000
Equipment Purchases.......................$ 77,160
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 39,000
Per Diem, Fees and Contracts..............$ 27,500
Capital Outlay............................$ 731,194
Campground Sinking Fund...................$ -0-
Promotion Expenses........................$ -0-
Total Funds Budgeted......................$ 3,046,804
State Funds Budgeted......................$ -0-
Total Positions Budgeted 63
2. Jekyll Island State Park
Authority Budget:
Personal Services.........................$ 2,339,866
Regular Operating Expenses................$ 1,724,023
Travel....................................$ 18,954
Motor Vehicle Equipment Purchases.........$ 60,000
Publications and Printing.................$ 18,688
Equipment Purchases.......................$ 203,730
Computer Charges..........................$ 20,000
Real Estate Rentals..................... $ -0-
Telecommunications........................$ 37,978
Per Diem, Fees and Contracts..............$ 63,300
Mortgage Payments.........................$ -0-
Capital Outlay............................$ 1,928,061
Promotion Expenses........................$ -0-
Payments to the Department
of Natural Resources......................$ 40,000
2004
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted.....................$ 6,454,600
State Funds Budgeted....I................$ -0-
Total Positions Budgeted 162
3. Georgia Hazardous Waste
Management Authority Budget:
Personal Services........................$ -0-
Regular Operating Expenses...............$ -0-
Travel................................. $ -0-
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing.............. $ -0-
Equipment Purchases.................1....$ -0-
Computer Charges....................... $ -0-
Real Estate Rentals......................$ -0-
Per Diem, Fees and Contracts.............$ 80,000
Capital Outlay......................... $ -0-
Total Funds Budgeted.....................$ 80,000
State Funds Budgeted.....................$ -0-
Total Positions Budgeted 0
Budget Unit Object Classes:
Personal Services...................... $ 3,847,866
Regular Operating Expenses...............$ 2,305,523
Travel...................................$ 24,904
Motor Vehicle Equipment Purchases........$ 94,500
Publications and Printing................$ 60,688
Equipment................................$ 280,890
Computer Charges.........................$ 20,000
Real Estate Rentals......................$ -0-
Telecommunications.......................$ 76,978
Per Diem, Fees and Contracts.............$ 170,800
Capital Outlay...........................$ 2,659,255
Promotion Expense........................$ -0-
Campground Sinking Fund..................$ -0-
Payments to the Department
of Natural Resources...................$ 40,000
Mortgage Payments........................$ -0-
Total Positions Budgeted 225
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
GEORGIA LAWS 1982 SESSION
2005
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.....................$ 115,580,119
1. General Administration and
Support Budget:
Personal Services..........................$ 3,281,300
Regular Operating Expenses.................$ 260,315
Travel.....................................$ 60,030
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases...................... $ 19,300
Computer Charges...........................$ 546,104
Real Estate Rentals........................$ 225,000
Telecommunications.........................$ 170,400
Per Diem, Fees and Contracts...............$ 491,245
Utilities..................................$ -0-
Total Funds Budgeted.......................$ 5,053,694
Indirect DOAS Services Funding.............$ 415,000
State Funds Budgeted.......................$ 4,590,399
Total Positions Budgeted 148
2. Georgia Training and Development
Center Budget:
Personal Services..........................$ 1,229,070
Regular Operating Expenses....;............$ 116,410
Travel.....................................$ 770
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 20,205
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 13,500
Per Diem, Fees and Contracts...............$ -0-
Utilities..................................$ 111,680
Total Funds Budgeted.......................$ 1,491,635
State Funds Budgeted..................... $ 1,476,720
Total Positions Budgeted 65
2006
GENERAL ACTS AND RESOLUTIONS, VOL. I
3. Georgia Industrial Institute
Budget:
Personal Services...........................$ 4,979,860
Regular Operating Expenses..................$ 714,487
Travel......................................$ 7,854
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 2,899
Equipment Purchases.........................$ 40,664
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 30
Telecommunications..........................$ 42,470
Per Diem, Fees and Contracts................$ 2,400
Utilities...................................$ 496,500
Health Service Purchases....................$ 64,606
Total Funds Budgeted...................... $ 6,351,770
State Funds Budgeted...................... $ 6,289,320
Total Positions Budgeted 303
4. Alto Education and Evaluation
Center Budget:
Personal Services...........................$ 1,233,921
Regular Operating Expenses..................$ 57,130
Travel.........................*0............$ 3,400
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 4,920
Computer Charges............................$ -0-
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 4,000
Per Diem, Fees and Contracts................$ -0-
Utilities................................. $ -0-
Total Funds Budgeted...............'tt.'.ft.$ 1,303,371
State Funds Budgeted...................... $ 1,088,450
Total Positions Budgeted 50
5. Georgia Diagnostic and
Classification Center Budget:
Personal Services.................... .....$ 4,794,844
Regular Operating Expenses................ $ 652,807
Travel .....................................$ 2,200
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 20,644
Computer Charges.......................... $ -0-
GEORGIA LAWS 1982 SESSION 2007
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 39,645
Per Diem, Fees and Contracts...............$ 3,300
Utilities..................................$ 478,000
Health Service Purchases...................$ 67,835
Total Funds Budgeted.......................$ 6,059,275
State Funds Budgeted.......................$ 5,999,360
Total Positions Budgeted 288
6. Georgia State Prison Budget:
Personal Services..........................$ 10,921,560
Regular Operating Expenses.................$ 818,075
Travel.....................................$ 7,750
Motor Vehicle Equipment
Purchases.............................. $ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 153,600
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 73,800
Per Diem, Fees and Contracts...............$ 63,800
Utilities..................................$ 1,200,000
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 13,238,585
Indirect DO AS Services Funding............$ 35,000
State Funds Budgeted.......................$ 13,046,450
Total Positions Budgeted 676
7. Consolidated Branches Budget:
Personal Services........................ $ 3,706,085
Regular Operating Expenses.................$ 383,475
Travel.....................................$ 4,465
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 38,305
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications....................... $ 43,750
Per Diem, Fees and Contracts...............$ 12,000
Utilities..................................$ 314,400
Total Funds Budgeted.......................$ 4,502,480
State Funds Budgeted.......................$ 4,335,805
Total Positions Budgeted 212
2008
GENERAL ACTS AND RESOLUTIONS, VOL. I
8. Lee Correctional Institution
Budget:
Personal Services..........................$ 1,861,500
Regular Operating Expenses.................$ 184,415
Travel.................................... $ 2,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 2,450
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications........................ $ 24,100
Per Diem, Fees and Contracts...............$ -0-
Utilities..................................$ 200,000
Total Funds Budgeted.......................$ 2,274,965
State Funds Budgeted.......................$ 2,252,215
Total Positions Budgeted 117
9. Montgomery Correctional
Institution Budget:
Personal Services..........................$ 1,086,900
Regular Operating Expenses.................$ 140,760
Travel.....................................$ 1,450
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 11,850
Computer Charges......................... $ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 14,000
Per Diem, Fees and Contracts...............$ 3,360
Utilities................................. $ 124,600
Capital Outlay....................... $ -0-
Total Funds Budgeted.......................$ 1,382,920
State Funds Budgeted..................... $ 1,369,090
Total Positions Budgeted 59
10. Walker Correctional
Institution Budget:
Personal Services..........................$ 1,089,880
Regular Operating Expenses.................$ 166,650
Travel.....................................$ 2,600
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 22,660
Computer Charges...........................$ -0-
GEORGIA LAWS 1982 SESSION
2009
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 18,500
Per Diem, Fees and Contracts................$ -0-
Utilities...................................$ 121,500
Total Funds Budgeted........................$ 1,421,790
State Funds Budgeted........................$ 1,407,575
Total Positions Budgeted 62
11. Middle Georgia Correctional
Institution - Womens
Unit Budget:
Personal Services...........................$ 1,845,226
Regular Operating Expenses..................$ 101,378
Travel......................................$ 200
Motor Vehicle Equipment Purchases...........$ *o-
Publications and Printing...................$ 0*
Equipment Purchases.........................$ 4,556
Computer Charges............................$ -0-
Real Estate Rentals.........................$ "0-
Telecommunications..........................$ "0-
Per Diem, Fees and Contracts................$ "6*
Utilities...................................$ '0-
Total Funds Budgeted........................$ 1,951,360
State Funds Budgeted........................$ 1,931,845
Total Positions Budgeted 116
12. Jack T. Rutledge Correctional
Institution Budget:
Personal Services...........................$ 2,432,800
Regular Operating Expenses..................$ 230,570
Travel.................................... $ 1.506
Motor Vehicle Equipment Purchases...........$
Publications and Printing...................$ *6-
Equipment Purchases.........................$ 1,105
Computer Charges............................$
Real Estate Rentals....................... $ '0
Telecommunications..........................$ 13,000
Per Diem, Fees and Contracts................$ *6'
Utilities...................................$ 230,000
Total Funds Budgeted........................$ 2,908,975
State Funds Budgeted........................$ 2,879,885
Total Positions Budgeted 1^0
2010
GENERAL ACTS AND RESOLUTIONS, VOL. I
13. Middle Georgia Correctional
Institution - Youthful
Offender Unit Budget:
Personal Services...........................$ 4,109,915
Regular Operating Expenses..................$ 543,727
Travel......................................$ 4,300
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 61,495
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 3,960
Telecommunications..........................$ 93,486
Per Diem, Fees and Contracts................$ -0-
Utilities...................................$ 200,000
Health Service Purchases....................$ 44,000
Payments to Central State
Hospital for Utilities....................$ 404,000
Total Funds Budgeted........................$ 5,464,883
State Funds Budgeted........................$ 5,410,675
Total Positions Budgeted 240
14. Central Correctional
Institution Budget:
Personal Services......................... $ 2,231,170
Regular Operating Expenses..................$ 204,250
Travel......................................$ 2,075
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 7,645
Computer Charges............................$ -0-
Real Estate Rentals.........................$ -0-
Telecommunications........................ $ 15,750
Per Diem, Fees and Contracts................$ -0-
Utilities...................................$ 212,000
Total Funds Budgeted........................$ 2,672,890
State Funds Budgeted........................$ 2,646,160
Total Positions Budgeted 135
15. Middle Georgia Correctional
Institution - Mens Unit Budget:
Personal Services...........................$ 1,638,580
Regular Operating Expenses..................$ 95,100
Travel......................................$ -0-
Motor Vehicle Equipment Purchases...........$ -0-
/
GEORGIA LAWS 1982 SESSION 2011
Publications and Printing..................$ -0-
Equipment Purchases........................$ 785
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.......................$ 1,734,465
State Funds Budgeted.......................$ 1,717,120
Total Positions Budgeted 97
16. Metro Correctional
Institution Budget:
Personal Services..........................$ 2,881,881
Regular Operating Expenses.................$ 360,125
Travel.....................................$ 2,580
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 11,904
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 8,700
Telecommunications.........................$ 34,000
Per Diem, Fees and Contracts...............$ 10,000
Health Service Purchases...................$ 51,040
Utilities..................................$ 210,000
Total Funds Budgeted.......................$ 3,570,230
State Funds Budgeted.......................$ 3,535,040
Total Positions Budgeted 184
17. Coastal Correctional
Institution Budget:
Personal Services..........................$ 2,788,790
Regular Operating Expenses.................$ 470,632
Travel.....................................$ 5,993
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 3,201
Equipment Purchases........................$ 8,760
Computer Charges...........................$ *0
Real Estate Rentals........................$ 5,000
Telecommunications.........................$ 37,000
Per Diem, Fees and Contracts...............$ 10,800
Health Service Purchases...................$ 94,969
2012
GENERAL ACTS AND RESOLUTIONS, VOL. I
Utilities..................................$ 209,000
Total Funds Budgeted........................$ 3,634,145
State Funds Budgeted........................$ 3,529,455
Total Positions Budgeted 177
18. Adult Facilities and
Programs Budget:
Personal Services...........................$ 2,656,129
Regular Operating Expenses..................$ 195,791
Travel......................................$ 54,900
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 6,627
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 3,000
Telecommunications..........................$ 26,270
Per Diem, Fees and Contracts................$ 97,000
Utilities...................................$ -0-
Total Funds Budgeted........................$ 3,039,717
State Funds Budgeted........................$ 3,009,628
Total Positions Budgeted 125
19. Central Funds Budget:
Personal Services...........................$ 92,200
Regular Operating Expenses..................$ 1,085,980
Travel......................................$ 15,000
Motor Vehicle Equipment
Purchases............................... $ -0-
Publications and Printing...................$ 145,000
Equipment Purchases....................... $ 217,220
Computer Charges............................$ -0-
Real Estate Rentals.........................$ -0-
Telecommunications........................ $ -0-
Per Diem, Fees and Contracts.....*..........$ -0-
Utilities...................................$ -0-
Authority Lease Rentals.....................$ 840,000
Payments to Jails for State
Prisoner Medical Costs...................$ 219,000
Court Costs.................................$ 264,000
Inmate Release Funds........................$ 630,000
County Subsidy..............................$ 6,761,625
County Subsidy for Jails....................$ 912,500
GEORGIA LAWS 1982 SESSION
2013
Revolving Fund for County
Workcamp Construction....................$ 92,072
Central Repair Fund........................$ 500,000
Grants for County Workcamp
Construction.............................$ 155,000
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 11,929,597
State Funds Budgeted.......................$ 11,735,842
Total Positions Budgeted 3
20. Training and Staff Development
Center Budget:
Personal Services..........................$ 663,000
Regular Operating Expenses.................$ 166,700
Travel.....................................$ 117,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 2,600
Equipment Purchases........................$ 10,000
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 34,000
Telecommunications.........................$ 16,000
Per Diem, Fees and Contracts...............$ -0-
Utilities..................................$ 18,000
Total Funds Budgeted.......................$ 1,027,300
State Funds Budgeted.......................$ 1,017,027
Total Positions Budgeted 32
21. D.O.T. Work Details Budget:
Personal Services..........................$ 420,000
Regular Operating Expenses.................$ 14,100
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.......................$ 434,100
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 26
2014
GENERAL ACTS AND RESOLUTIONS, VOL. I
22. Food Processing and
Distribution Budget:
Personal Services..........................$ 2,357,700
Regular Operating Expenses.................$ 3,812,540
Travel.....................................$ 4,850
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 165,000
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 9,000
Per Diem, Fees and Contracts...............$ -0-
Utilities..................................$ -0-
Capital Outlay.............................$ -0-
Payments to Central State
Hospital for Meals.......................$ 1,401,635
Payments to Central State
Hospital for Utilities...................$ 45,000
Total Funds Budgeted.......................$ 7,795,725
State Funds Budgeted.......................$ 7,336,088
Total Positions Budgeted 154
23. Farm Operations Budget:
Personal Services..........................$ 600,000
Regular Operating Expenses.................$ 2,921,800
Travel.....................................$ -0-
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 60,000
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ -0-
Per Diem, Fees and Contracts...............$ 49,900
Utilities..................................$ -0-
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 3,631,700
State Funds Budgeted.......................$ 3,565,685
Total Positions Budgeted 33
24. Dodge Correctional
Institution Budget:
Personal Services..........................$ 1,700,917
Regular Operating Expenses.................$ 276,240
Travel.....................................$ 2,000
GEORGIA LAWS 1982 SESSION 2015
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 9,369
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 6,000
Telecommunications.........................$ 23,000
Per Diem, Fees and Contracts...............$ 36,000
Utilities..................................$ 175,000
Health Service Purchases...................$ 41,554
Total Funds Budgeted.......................$ 2,270,080
State Funds Budgeted.......................$ 2,243,895
Total Positions Budgeted 146
25. Transitional Centers Budget:
Personal Services..........................$ 2,124,900
Regular Operating Expenses.................$ 216,820
Travel.....................................$ 6,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 15,300
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 201,800
Telecommunications.........................$ 32,800
Per Diem, Fees and Contracts...............$ 5,800
Utilities..................................$ 221,000
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 2,824,420
State Funds Budgeted.......................$ 2,796,175
Total Positions Budgeted 119
26. Augusta Correctional and
Medical Institution Budget:
Personal Services..........................$ 3,565,805
Regular Operating Expenses.................$ 947,700
Travel.....................................$ 6,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 7,600
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 8,700
Telecommunications....................... $ 30,950
Per Diem, Fees and Contracts...............$ 4,800
Utilities..................................$ 330,000
Health Service Purchases...................$ 1,147,000
2016
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted........................$ 6,048,555
State Funds Budgeted........................$ 5,991,740
Total Positions Budgeted 289
27. Health Care Budget:
Personal Services...........................$ 3,080,400
Regular Operating Expenses..................$ 675,550
Travel......................................$ -0-
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 36,850
Computer Charges............................$ -0-
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 2,500
Per Diem, Fees and Contracts................$ -0-
Utilities.................................,.$ -0-
Health Service Purchases....................$ 6,606,000
Total Funds Budgeted........................$ 10,401,300
State Funds Budgeted........................$ 10,363,345
Total Positions Budgeted 145
28. Middle Georgia Correctional
Institution - Rivers Unit
Budget:
Personal Services...........................$ 2,418,360
Regular Operating Expenses..................$ 318,000
Travel........................... .....$ 2,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 7,500
Computer Charges.......................... $ -0-
Real Estate Rentals.............................. 6,900
Telecommunications..........................$ 36,000
Per Diem, Fees and Contracts................$ 4,800
Payments to Central State
Hospital for Utilities...................$ 277,600
Payments to Central State
Hospital for Meals.......................$ 528,885
Health Service Purchases....................$ 445,795
Total Funds Budgeted........................$ 4,045,840
State Funds Budgeted........................$ 4,015,130
Total Positions Budgeted 188
GEORGIA LAWS 1982 SESSION
2017
Budget Unit Object Classes:
Personal Services..........................$ 71,792,693
Regular Operating Expenses.................$ 16,131,527
Travel................................... $ 317,417
Motor Vehicle Equipment
Purchases.............................. $ -0-
Publications and Printing..................$ 153,700
Equipment Purchases........................$ 966,314
Computer Charges...........................$ 546,104
Real Estate Rentals.........1.............$ 503,090
Telecommunications.........................$ 813,921
Per Diem, Fees and Contracts...............$ 795,205
Utilities..................................$ 4,851,680
Payments to Central State
Hospital for Meals.......................$ 1,930,520
Payments to Central State
Hospital for Utilities...................$ 726,600
Payments to Jails for State
Prisoner Medical Costs...................$ 219,000
Court Costs................................$ 264,000
Inmate Release Funds.......................$ 630,000
Revolving Fund for County
Workcamp Construction....................$ 92,072
County Subsidy.............................$ 6,761,625
County Subsidy for Jails...................$ 912,500
Grants for County Workcamp
Construction.............................$ 155,000
Health Service Purchases...................$ 8,562,799
Central Repair Fund........................$ 500,000
Authority Lease Rentals....................$ 840,000
Capital Outlay.............................$ -0-
Total Positions Budgeted 4,323
Authorized Motor Vehicles 406
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.
2018
GENERAL ACTS AND RESOLUTIONS, VOL. I
It is the intent of this General Assembly that
funds appropriated for county subsidy may be
used to either supplement or supplant county
funds, at the option of each county.
Provided, that of the above appropriation
relating to the revolving fund and grants for
county workcamp construction, the State shall
provide no more than fifty percent of the total
construction cost.
B. Budget Unit: Board of Pardons and
Paroles............................$ 5,467,737
Board of Pardons and Paroles Budget:
Personal Services.........................$ 4,755,000
Regular Operating Expenses................$ 132,980
Travel............................. .....$ 216,770
Motor Vehicle Equipment Purchases.........$ 95,000
Publications and Printing.................$ 15,500
Equipment Purchases.......................$ 9,437
Computer Charges..........................$ 12,000
Real Estate Rentals..................... $ 127,620
Telecommunications........................$ 109,000
Per Diem, Fees and Contracts..............$ 11,200
County Jail Subsidy.......................$ 37,200
Total Funds Budgeted......................$ 5,521,707
State Funds Budgeted......................$ 5,467,737
Total Positions Budgeted 237
Budget Unit Object Classes:
Personal Services....................... $ 4,755,000
Regular Operating Expenses................$ 132,980
Travel....................................$ 216,770
Motor Vehicle Equipment Purchases.........$ 95,000
Publications and Printing.................$ 15,500
Equipment Purchases..................... $ 9,437
Computer Charges..........................$ 12,000
Real Estate Rentals.......................$ 127,620
Telecommunications....................... $ 109,000
Per Diem, Fees and Contracts............ $ 11,200
County Jail Subsidy..................... $ 37,200
Total Positions Budgeted 237
Authorized Motor Vehicles 15
GEORGIA LAWS 1982 SESSION
2019
C. Budget Unit: Georgia Correctional
Industries.........................$ -0-
Georgia Correctional Industries Budget:
Personal Services........................$ 1,479,910
Regular Operating Expenses................$ 588,400
Travel....................................$ 39,800
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ -0-
Equipment Purchases.......................$ 369,000
Computer Charges..........................$ 1,800
Real Estate Rentals.......................$ 24,300
Telecommunications........................$ 41,900
Per Diem, Fees and Contracts..............$ 119,100
Cost of Sales.............................$ 3,938,000
Repayment of Prior Years
Appropriations..........................$ 84,000
Capital Outlay............................$ -0-
Total Funds Budgeted......................$ 6,686,210
State Funds Budgeted......................$ -0-
Total Positions Budgeted 66
Budget Unit Object Classes:
Personal Services.........................$ 1,479,910
Regular Operating Expenses................$ 588,400
Travel....................................$ 39,800
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ -0-
Equipment Purchases.......................$ 369,000
Computer Charges..........................$ 1,800
Real Estate Rentals.......................$ 24,300
Telecommunications........................$ 41,900
Per Diem, Fees and Contracts..............$ 119,100
Cost of Sales.............................$ 3,938,000
Repayment of Prior Years
Appropriations..........................$ 84,000
Capital Outlay............................$ -0-
Total Positions Budgeted 66
Authorized Motor Vehicles 16
D. Budget Unit: Probation Division
Operations.........................$ 16,361,658
1| Probation Operations Budget:
Personal Services.........................$ 11,897,352
Regular Operating Expenses................$ 337,280
2020
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel.....................................$ 256,470
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 66,890
Computer Charges...........................$ -0-
Real Estate Rentals...................... $ 254,250
Telecommunications.........................$ 186,780
Utilities..................................$ 5,500
Per Diem, Fees and Contracts...............$ 8,000
Grants for Independent
Probation Systems........................$ 450,000
Total Funds Budgeted.......................$ 13,462,522
State Funds Budgeted.......................$ 13,337,712
Total Positions Budgeted 642
2. Diversion Centers Budget:
Personal Services..........................$ 2,790,305
Regular Operating Expenses.................$ 211,195
Travel.....................................$ 17,300
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 69,096
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 258,310
Telecommunications....................... $ 44,000
Utilities..................................$ 170,000
Per Diem, Fees and Contracts...............$ 14,000
Total Funds Budgeted.......................$ 3,574,206
State Funds Budgeted.......................$ 3,023,946
Total Positions Budgeted 157
Budget Unit Object Classes:
Personal Services..........................$ 14,687,657
Regular Operating Expenses.................$ 548,475
Travel.....................................$ 273,770
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 135,986
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 512,560
Telecommunications.........................$ 230,780
Utilities..................................$ 175,500
GEORGIA LAWS 1982 SESSION
2021
Per Diem, Fees and Contracts..............$
Grants for Independent
Probation Systems.......................$
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.....i.....$
State Funds Budgeted.....................$
Total Positions Budgeted
22,000
450,000
799
90
49,233,425
351,437
25,400
17,500
16,000
6,000
800
9,250
40,200
18,000
-0-
4,500
489,087
121,049
14
3,547,005
1,372,164
86,000
-0-
135.000
5,000
-0-
-0-
130.000
70,440
40,000
5,385,609
-0-
5,297,417
175
2022
GENERAL ACTS AND RESOLUTIONS, VOL. I
3. Driver Services Budget:
Personal Services..........................$ 5,390,333
Regular Operating Expenses.................$ 218,468
Travel.....................................$ 3,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing................ $ 671,000
Equipment Purchases................../. $ 11,855
Computer Charges...........................$ 2,248,214
Real Estate Rentals........4..............$ 6,198
Telecommunications....................... $ 47,200
Per Diem, Fees and Contracts...............$ 500
Postage....................................$ 570,000
Conviction Reports.........................$ 180,000
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 9,347,268
Indirect DO AS Services Funding............$ 1,500,000
State Funds Budgeted.......................$ 7,764,020
Total Positions Budgeted 316
4. Field Operations Budget:
Personal Services..........................$ 24,394,355
Regular Operating Expenses.................$ 4,743,788
Travel....................................$ 19,000
Motor Vehicle Equipment
Purchases................................$ 2,588,166
Publications and Printing..................$ 200,000
Equipment Purchases..................;....$ 227,563
Computer Charges......................... $ -0-
Real Estate Rentals........................$ 1,896
Telecommunications.........................$ 250,000
Per Diem, Fees and Contracts...............$ 7,900
Postage................................... $ 36,000
Capital Outlay........................... $ -0-
Total Funds Budgeted..................... $ 32,468,668
Indirect DOAS Services Funding.............$ 150,000
State Funds Budgeted...................... $ 31,993,812
Total Positions Budgeted 981
5. Georgia Peace Officer Standards
and Training Budget:
Personal Services..........................$ 625,126
Regular Operating Expenses.................$ 84,483
Travel.....................................$ 25,000
Motor Vehicle Equipment Purchases..........$ 22,500
GEORGIA LAWS 1982 SESSION 2023
Publications and Printing.................$ 15,800
Equipment Purchases.......................$ -0-
Computer Charges..........................$ 40,100
Real Estate Rentals.......................$ 45,000
Telecommunications........................$ 19,000
Per Diem, Fees and Contracts..............$ 15,200
Postage...................................$ 4,800
Peace Officers Training Grants............$ 1,595,026
Total Funds Budgeted......................$ 2,492,035
State Funds Budgeted......................$ 2,483,065
Total Positions Budgeted 25
6. Police Academy:
Personal Services.........................$ 432,000
Regular Operating Expenses................$ 122,750
Travel.................................. $ 6,300
Motor Vehicle Equipment Purchases.........$ 7,500
Publications and Printing.................$ 13,200
Equipment Purchases.......................$ 3,480
Computer Charges..........................$ 12,598
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 9,300
Per Diem, Fees and Contracts..............$ 117,000
Postage...................................$ 2,400
Total Funds Budgeted......................$ 726,528
State Funds Budgeted......................$ 696,619
Total Positions Budgeted 16
7. Fire Academy:
Personal Services.........................$ 267,931
Regular Operating Expenses................$ 38,600
Travel....................................$ 12,000
Motor Vehicle Equipment Purchases.........$ 17,500
Publications and Printing.................$ 2,800
Equipment Purchases.......................$ 15,000
Computer Charges..........................$ 70,920
Real Estate Rentals.......................$ 15,182
Telecommunications........................$ 7,500
Per Diem, Fees and Contracts..............$ 75,000
Postage...................................$ 5,500
Total Funds Budgeted......................$ 527,933
State Funds Budgeted......................$ 493,663
Total Positions Budgeted 12
2024
GENERAL ACTS AND RESOLUTIONS, VOL. I
8. Georgia Firefighter Standards and
Training Council Budget:
Personal Services.........................$ 110,631
Regular Operating Expenses................$ 10,140
Travel................................ $ 8,700
Motor Vehicle Equipment Purchases.........$ 7,500
Publications and Printing.................$ 2,500
Equipment Purchases.......................$ 2,000
Computer Charges..................;......$ -0-
Real Estate Rentals.......................$ 3,000
Telecommunications........................$ 3,600
Per Diem, Fees and Contracts..............$ 2,500
Postage...................................$ 1,100
Total Funds Budgeted......................$ 151,671
State Funds Budgeted................ ....$ 150,154
Total Positions Budgeted 4
9. Organized Crime Prevention
Council Budget:
Personal Services.........................$ 107,898
Regular Operating Expenses................$ 15,300
Travel...................... ............$ 10,000
Motor Vehicle Equipment Purchases.........$ 7,500
Publications and Printing.................$ 1,500
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 2,800
Per Diem, Fees and Contracts..............$ 18,840
Postage.................................. $ 1,000
Total Funds Budgeted......................$ 164,838
State Funds Budgeted......................$ 163,190
Total Positions Budgeted 3
10. Georgia Public Safety
Training Facility Budget:
Personal Services....................... $ 57,892
Regular Operating Expenses................$ 850
Travel............................... $ 3,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 200
Equipment Purchases..................... $ -0-
Computer Charges........................ $ -0-
Real Estate Rentals.......................$ 3,500
GEORGIA LAWS 1982 SESSION
2025
Telecommunications....................... $ 3,000
Per Diem, Fees and Contracts...............$ 2,500
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 70,942
State Funds Budgeted.......................$ 70,436
Total Positions Budgeted 2
Authorized Motor Vehicles 0
Budget Unit Object Classes:
Personal Services..........................$ 35,284,608
Regular Operating Expenses.................$ 6,631,943
Travel................................... $ 191,000
Motor Vehicle Equipment
Purchases................................$ 2,666,666
Publications and Printing..................$ 1,048,000
Equipment Purchases........................$ 265,698
Computer Charges...........................$ 2,381,082
Real Estate Rentals........................$ 114,976
Telecommunications....................... $ 490,400
Per Diem, Fees and Contracts...............$ 309,880
Postage....................................$ 665,300
Conviction Reports.........................$ 180,000
Peace Officers Training Grant..............$ 1,595,026
Capital Outlay.............................$ -0-
Total Positions Budgeted 1,548
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.
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-
2026
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.................
Budget Unit Object Classes:
Payments to Employees
Retirement System..................
Employer Contributions...............
$ 11,983,100
$ 165,000
$ 11,818,100
$ 11,983,100
$ 11,983,100
$ 165,000
$ 11,818,100
GEORGIA LAWS 1982 SESSION
2027
Section 36. Public Service Commission.
Budget Unit: Public Service
Commission........................$ 3,854,967
1. Administration Budget:
Personal Services.........................$ 712,641
Regular Operating Expenses................$ 35,634
Travel....................................$ 10,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 1,500
Equipment Purchases.......................$ 8,040
Computer Charges..........................$ 2,500
Real Estate Rentals.......................$ 64,275
Telecommunications........................$ 28,745
Per Diem, Fees and Contracts..............$ 14,500
Total Funds Budgeted......................$ 877,835
State Funds Budgeted......................$ 868,067
Total Positions Budgeted 23
2. Transportation Budget:
Personal Services.........................$ 937,279
Regular Operating Expenses................$ 156,229
Travel....................................$ 48,079
Motor Vehicle Equipment Purchases.........$ 26,400
Publications and Printing.................$ 10,000
Equipment Purchases.......................$ 3,990
Computer Charges..........................$ 104,000
Real Estate Rentals.......................$ 80,702
Telecommunications........................$ 24,150
Per Diem, Fees and Contracts..............$ 15,250
Total Funds Budgeted......................$ 1,406,079
State Funds Budgeted......................$ 1,392,801
Total Positions Budgeted 48
3. Utilities Budget:
Personal Services.........................$ 1,334,359
Regular Operating Expenses................$ 60,190
Travel....................................$ 85,000
Motor Vehicle Equipment Purchases.........$ 18,000
Publications and Printing.................$ 2,500
Equipment Purchases.......................$ 6,105
Computer Charges..........................$ 19,096
Real Estate Rentals.......................$ 46,216
Telecommunications........................$ 34,335
Per Diem, Fees and Contracts..............$ 100,000
2028
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted.......................$ 1,705,801
State Funds Budgeted.......................$ 1,594,099
Total Positions Budgeted 53
Budget Unit Object Classes:
Personal Services..........................$ 2,984,279
Regular Operating Expenses.................$ 252,053
Travel.....................................$ 143,079
Motor Vehicle Equipment Purchases..........$ 44,400
Publications and Printing..................$ 14,000
Equipment Purchases........................$ 18,135
Computer Charges...........................$ 125,596
Real Estate Rentals.......................$ 191,193
Telecommunications....................... $ 87,230
Per Diem, Fees and Contracts...............$ 129,750
Total Positions Budgeted 124
Authorized Motor Vehicles 26
Section 37. Regents, University
System of Georgia.
A. Budget Unit: Resident Instruction
and University
System Institutions.................$ 509,967,152
1. Resident Instruction Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 392,339,292
Sponsored Operations.....................$ 63,840,000
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 105,818,808
Sponsored Operations.....................$ 50,160,000
Office of Minority
Business Enterprise......................$ 240,171
Special Desegregation Programs.............$ 258,422
Satellite Medical Facility
Program..................................$ 500,000
Teachers Retirement.......................$ 46,418,169
Authority Lease Rentals....................$ 16,367,000
Capital Outlay.............................$ 845,000
Total Funds Budgeted.......................$ 676,786,862
Less Agency Funds:
Departmental Income........................$ 14,600,000
Sponsored Income...........................$ 114,000,000
Other Funds................................$ 107,093,800
GEORGIA LAWS 1982 SESSION
2029
Auxiliary Income............................$ 2,782,000
Indirect Communication Charges..............$ 3,027,300
State Funds Budgeted........................$ 435,283,762
Total Positions Budgeted 16,329
Provided, that from appropriated funds in A,
the amount of $16,367,000 in F.Y. 1983 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
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.
2030
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, further, that unanticipated revenue
from contract and grant overhead shall be
available for use by the University System.
Provided, that revenue from student fees which
exceeds the original budget estimates of student
fees by $2,000,000 shall not be available for opera-
tions unless prior approval is granted by the Fiscal
Affairs Subcommittees of the House and Senate,
except that student fee revenue derived from
increased rates authorized by the State Board of
Regents shall not be subject to this limitation.
Provided, further, that revenue from sales and
services shall be classified as restricted funds and
shall be available for use by the unit of the Univer-
sity System generating such income.
Provided, further, it is the intent of this Gen-
eral Assembly that the 1 1/2% Personal Services
continuation factor incorporated into the Resident
Instruction appropriation in this Appropriations
Act be utilized to provide 2 1/2% merit-type
increases.
Provided, the State Board of Regents shall be
permitted to use available surplus from the Resi-
dent Instruction Budget Unit for Capital Outlay
and Equipment Purchases only.
2. Marine Resources Extension
Center Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 549,000
Sponsored Operations....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 278,000
Sponsored Operations....................$ -0-
Total Funds Budgeted.................... $ 827,000
Less Agency Funds:
Departmental Income.......................$ -0-
Sponsored Income..........................$ -0-
Other Funds...............................$ 129,000
Indirect DOAS Services Funding............$ 9,800
GEORGIA LAWS 1982 SESSION
2031
State Funds Budgeted......................$ 688,200
Total Positions Budgeted 26
3. Skidaway Institute of
Oceanography Budget:
Personal Services:
Educ., Gen., and Dept. Svcs............$ 722,000
Sponsored Operations.....................$ 675,000
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 544,000
Sponsored Operations.....................$ 875,000
Total Funds Budgeted........................$ 2,816,000
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income........................... $ 1,550,000
Other Funds.................................$ 332,000
Indirect DOAS Services Funding..............$ -0-
State Funds Budgeted........................$ 934,000
Total Positions Budgeted 33
4. Marine Institute Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 338,000
Sponsored Operations.....................$ 154,750
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 181,000
Sponsored Operations.....................$ 120,250
Total Funds Budgeted........................$ 794,000
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income............................$ 275,000
Other Funds.................................$ 7,000
Indirect DOAS Services Funding..............$ -0-
State Funds Budgeted........................$ 512,000
Total Positions Budgeted 20
5. Engineering Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 8,926,510
Sponsored Operations.....................$ 21,600,000
2032
GENERAL ACTS AND RESOLUTIONS, VOL. I
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 6,900,954
Sponsored Operations......................$ 17,891,438
Agricultural Research.......................$ 416,641
Total Funds Budgeted........................$ 55,735,543
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income...............................39,491,438
Other Funds................................$ 10,875,787
Indirect DO AS Services Funding.............$ 117,600
State Funds Budgeted........................$ 5,250,718
Total Positions Budgeted 312
6. Engineering Extension
Division Budget:
Personal Services:
Educ., Gen., and Dept. Svcs...............$ 1,043,694
Sponsored Operations......................$ 35,000
Operating Expenses:
Educ., Gen., and Dept. Svcs...............$ 711,031
Sponsored Operations......................$ 15,000
Advanced Technology
Development Center...................... $ 407,079
Total Funds Budgeted........................$ 2,211,804
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income............................$ 50,000
Other Funds.................................$ 1,183,894
Indirect DOAS Services Funding..............$ 12,200
State Funds Budgeted........................$ 965,710
Total Positions Budgeted 37
7. Agricultural Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs...............$ 17,750,364
Sponsored Operations......................$ 3,700,000
Operating Expenses:
Educ., Gen., and Dept. Svcs...............$ 7,664,220
Sponsored Operations..............I......$ 2,000,000
Capital Outlay........................... $ -0-
Total Funds Budgeted........................$ 31,114,584
GEORGIA LAWS 1982 SESSION
2033
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ 5,700,000
Other Funds................................$ 6,576,200
Indirect DOAS Services Funding.............$ 95,900
State Funds Budgeted......................$ 18,742,484
Total Positions Budgeted 855
8. Cooperative Extension
Service Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 20,239,127
Sponsored Operations................. $ 4,590,000
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 3,174,525
Sponsored Operations.....................$ 2,010,000
Total Funds Budgeted.......................$ 30,013,652
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ 6,600,000
Other Funds.............................. $ 5,205,000
Indirect DOAS Services Funding.............$ 126,700
State Funds Budgeted.......................$ 18,081,952
Total Positions Budgeted 960
9. Eugene Talmadge Memorial
Hospital Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 42,300,689
Sponsored Operations................... $ 2,377,513
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 19,035,532
Sponsored Operations.....................$ 611,238
Capital Outlay - ETMH
Renovations............................$ -0-
Total Funds Budgeted.......................$ 64,324,972
Less Agency Funds:
Departmental Income........................$ 1,125,099
Sponsored Income...........................$ 2,988,751
Other Funds................................$ 35,788,497
Board of Corrections.......................$ 1,557,264
Indirect DOAS Services Funding.............$ 193,500
2034
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$ 22,671,861
Total Positions Budgeted 2,902
10. Veterinary Medicine Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 856,000
Sponsored Operations.....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 405,236
Sponsored Operations.....................$ -0-
Agricultural Research......................$ 300,000
Disease Research...........................$ -0-
Fire Ant Research..........................$ 150,000
Total Funds Budgeted.......................$ 1,711,236
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ -0-
Other Funds................................$ -0-
Indirect DOAS Services Funding.............$ -0-
State Funds Budgeted..................... $ 1,711,236
Total Positions Budgeted 45
11. Veterinary Medicine Teaching
Hospital Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 775,886
Sponsored Operations.....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 883,567
Sponsored Operations.....................$ -0-
Total Funds Budgeted.......................$ 1,659,453
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ -0-
Other Funds................................$ 1,295,000
Indirect DOAS Services Funding.............$ -0-
State Funds Budgeted.......................$ 364,453
Total Positions Budgeted 69
GEORGIA LAWS 1982 SESSION
2035
12. Family Practice Residency
Program Budget:
Personal Services:
Educ., Gen., and Dept. Svcs...............$ 106,426
Operating Expenses:
Educ., Gen., and Dept. Svcs...............$ 92,778
Capitation Contracts for
Family Practice Residency.................$ 2,060,000
Residency Capitation Grants.................$ 1,785,000
New Program Development Contracts
for Family Practice Residency.............$ 150,000
Student Preceptorships......................$ 185,000
Total Funds Budgeted........................$ 4,379,204
State Funds Budgeted........................$ 4,379,204
Total Positions Budgeted 4
Provided, that of the above appropriation,
$185,000 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 $500.
13. Georgia Radiation Therapy
Center Budget:
Personal Services:
Educ., Gen., and Dept. Svcs............$ 551,528
Sponsored Operations.....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs............$ 292,420
Sponsored Operations.....................$ -0-
Total Funds Budgeted.......................$ 843,948
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ -0-
Other Funds................................$ 462,376
Indirect DO AS Services Funding............$ -0-
State Funds Budgeted.......................$ 381,572
Total Positions Budgeted 34
2036
GENERAL ACTS AND RESOLUTIONS, VOL. I
Budget Unit Object Classes:
Personal Services:
Educ., Gen., and Dept. Svcs...............$ 486,498,516
Sponsored Operations......................$ 96,972,263
Operating Expenses:
Educ., Gen., and Dept. Svcs...............$ 145,982,071
Sponsored Operations......................$ 73,682,926
Office of Minority
Business Enterprise.......................$ 240,171
Special Desegregation Programs..............$ 258,422
Satellite Medical Facility
Program...................................$ 500,000
Fire Ant Research...........................$ 150,000
Agricultural Research.......................$ 716,641
Disease Research.......................... $ -0-
Advanced Technology
Development Center........................$ 407,079
Capitation Contracts for
Family Practice Residency.................$ 2,060,000
New Program Development
Contracts for Family
Practice Residency........................$ 150,000
Residency Capitation Grants.................$ 1,785,000
Student Preceptorships......................$ 185,000
Teachers Retirement........................$ 46,418,169
Authority Lease Rentals................... $ 16,367,000
Capital Outlay - ETMH
Renovations............................. $ -0-
Capital Outlay..............................$ 845,000
Total Positions Budgeted 21,626
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...........$ 16,363,711
Regents Central Office Budget:
Personal Services...........................$ 2,717,000
Operating Expenses..........................$ 703,960
SREB Payments...............................$ 5,402,833
Medical Scholarships.....................$ 547,500
Regents Opportunity Grants..................$ 500,000
Regents Scholarships.....................$ 200,000
Grants to Junior Colleges...................$ 6,136,628
GEORGIA LAWS 1982 SESSION
2037
Rental Payments to Georgia
Military College.........................$ 190,000
Central Savannah River Area
Business League..........................$ -0-
Total Funds Budgeted........................$ 16,397,921
State Funds Budgeted........................$ 16,363,711
Total Positions Budgeted 98
Budget Unit Object Classes:
Personal Services...........................$ 2,717,000
Operating Expenses..........................$ 703,960
SREB Payments...............................$ 5,402,833
Medical Scholarships........................$ 547,500
Regents Opportunity Grants..................$ 500,000
Regents Scholarships........................$ 200,000
Grants to Junior Colleges...................$ 6,136,628
Rental Payments to Georgia
Military College.........................$ 190,000
Central Savannah River Area
Business League..........................$ -0-
Total Positions Budgeted 98
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 $796 per EFT student.
Furthermore, 50 quarter credit hours shall be used
in the calculation of an equivalent full-time stu-
dent.
C. Budget Unit: Georgia Public
Telecommunications
Commission.........................$ 4,077,642
Public Telecommunications
Commission Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 2,696,760
Sponsored Operations ...................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 2,675,520
Sponsored Operations....................$ -0-
Total Funds Budgeted.......................$ 5,372,280
2038
GENERAL ACTS AND RESOLUTIONS, VOL. I
Less Agency Funds:
Departmental Income.......................$ -0-
Sponsored Income..........................$ -0-
Other Funds...............................$ 1,294,638
Indirect DOAS Services Funding............$ -0-
State Funds Budgeted......................$ 4,077,642
Total Positions Budgeted 137
Budget Unit Object Classes:
Personal Services.........................$ 2,696,760
Operating Expenses........................$ 2,675,520
Total Positions Budgeted 137
Authorized Motor Vehicles 14
Section 38. Department of Revenue.
Budget Unit: Department of Revenue............$ 34,227,040
1. Departmental Administration
Budget:
Personal Services.........................$ 978,100
County Tax Officials/Retirement
and FICA................................$ 610,000
Regular Operating Expenses................$ 96,926
Travel....................................$ 19,000
Motor Vehicle Equipment Purchases.........$ 7,250
Publications and Printing................$ 17,000
Equipment Purchases.......................$ 2,685
Computer Charges..........................$ 20,000
Real Estate Rentals.......................$ -0-
Telecommunications....................... $ 23,000
Per Diem, Fees and Contracts..............$ 3,000
Postage................................. $ 150
Total Funds Budgeted......................$ 1,777,111
Indirect Georgia Building
Authority Rents........................$ -0-
State Funds Budgeted.................... $ 1,765,440
Total Positions Budgeted 33
2. Motor Vehicle Administration
Budget:
Personal Services.........................$ 4,582,066
Regular Operating Expenses................$ 250,850
Travel....................................$ 7,000
Motor Vehicle Equipment Purchases.........$ -0-
GEORGIA LAWS 1982 SESSION
2039
Publications and Printing...................$ 416,380
Equipment Purchases....................... $ 75,500
Computer Charges............................$ 2,636,013
Real Estate Rentals.........................$ -0-
Telecommunications........................ $ 85,000
Per Diem, Fees and Contracts................$ -0-
Motor Vehicle Tag Purchases.................$ 1,122,000
Motor Vehicle Decal Purchases...............$ 71,500
Postage.....................................$ -0-
Total Funds Budgeted........................$ 9,246,309
Indirect DOAS Services Funding..............$ 1,316,049
State Funds Budgeted........................$ 7,864,252
Total Positions Budgeted 256
Provided, that of the above appropriated
amount relating to motor vehicle tag purchases,
$1,122,000 is designated and committed for use in
contracting with the Department of Offender
Rehabilitation for the production of at least
1,100,000 motor vehicle tags, and for this purpose
only.
Any such contract may provide for partial,
advance payment from the Department of Reve-
nue to Georgia Correctional Industries during tag
production.
3. Property Tax Budget:
Personal Services.........................$ 1,208,000
Regular Operating Expenses................$ 49,453
Travel.................................. $ 74,000
Motor Vehicle Equipment Purchases.........$ 21,750
Publications and Printing.................$ 86,500
Equipment Purchases.......................$ 1,600
Computer Charges..........................$ 311,288
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 21,200
Per Diem, Fees and Contracts..............$ 145,000
Loans to Counties/Property
Reevaluation............................$ -0-
Grants to Counties/Appraisal
Staff...................................$ 1,430,000
Intangible Tax Equalization Fund..........$ -0-
Postage...................................$ 12,500
2040
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted.......................$ 3,361,291
Repayment of Loans to
Counties/Property Revaluation............$ -0-
Indirect DO AS Services Funding............$ 288,400
State Funds Budgeted.......................$ 3,054,358
Total Positions Budgeted 62
4. Sales Taxation Budget:
Personal Services..........................$ 1,444,000
Regular Operating Expenses.................$ 16,704
Travel.....................................$ 3,725
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 70,550
Equipment Purchases........................$ 6,190
Computer Charges....................... $ 550,000
Real Estate Rentals.......................$ -0-
Telecommunications.........................$ 26,000
Per Diem, Fees and Contracts............. $ -0-
Postage....................................$ 100,500
Total Funds Budgeted.......................$ 2,217,669
Indirect DOAS Services Funding.............$ 352,000
State Funds Budgeted.......................$ 1,863,056
Total Positions Budgeted 85
5. Motor Fuel Taxation Budget:
Personal Services..........................$ 665,000
Regular Operating Expenses.................$ 5,300
Travel.....................................$ 1,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 53,000
Equipment Purchases........................$ 3,650
Computer Charges...........................$ 264,843
Real Estate Rentals........................$ -0-
Telecommunications....................... $ 13,300
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ -0-
Total Funds Budgeted..................... $ 1,006,593
Indirect DOAS Services Funding.............$ 187,375
State Funds Budgeted.......................$ 809,382
Total Positions Budgeted 37
6. Income Taxation Budget:
Personal Services..........................$ 2,591,332
Regular Operating Expenses.................$ 44,600
GEORGIA LAWS 1982 SESSION 2041
Travel.....................................$ 3,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 355,000
Equipment Purchases........................$ 20,700
Computer Charges...........................$ 2,172,784
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 43,417
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ 296,576
Total Funds Budgeted.......................$ 5,527,409
Indirect DOAS Services Funding.............$ 1,533,590
State Funds Budgeted.......................$ 3,993,819
Total Positions Budgeted 127
7. Central Audit Budget:
Personal Services..........................$ 2,429,000
Regular Operating Expenses.................$ 14,820
Travel.....................................$ 470,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 3,200
Equipment Purchases........................$ 2,800
Computer Charges...........................$ 7,650
Real Estate Rentals.......................$ -0-
Telecommunications..................... $ 19,030
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ 75
Total Funds Budgeted.......................$ 2,947,075
State Funds Budgeted.......................$ 2,947,075
Total Positions Budgeted 82
8. Field Audit Services Budget:
Personal Services..........................$ 6,483,000
Regular Operating Expenses.................$ 198,365
Travel.....................................$ 297,000
Motor Vehicle Equipment Purchases..........$ 29,995
Publications and Printing..................$ 49,200
Equipment Purchases........................$ 23,202
Computer Charges...........................$ 238,949
Real Estate Rentals......................$ 225,165
Telecommunications.........................$ 200,000
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ 64,300
Total Funds Budgeted.......................$ 7,809,176
Indirect DOAS Services Funding.............$ 167,586
2042
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.......................$ 7,641,590
Total Positions Budgeted 307
9. Internal Administration Budget:
Personal Services..........................$ 1,329,925
Regular Operating Expenses.................$ 208,980
Travel.....................................$ 1,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 336,000
Equipment Purchases.................... $ 37,600
Computer Charges.....ffM.........*........$ 183,055
Real Estate Rentals........................$ 852,872
Telecommunications.........................$ 13,700
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ 1,364,029
Total Funds Budgeted...................... $ 4,327,661
Indirect Georgia Building
Authority Rents..........................$ -0-
State Funds Budgeted.......................$ 4,288,068
Total Positions Budgeted 69
Budget Unit Object Classes:
Personal Services..........................$ 21,710,423
County Tax Officials/Retirement
and FICA............................... $ 610,000
Regular Operating Expenses.................$ 885,998
Travel................................... $ 877,225
Motor Vehicle Equipment
Purchases............................... $ 58,995
Publications and Printing..................$ 1,386,830
Equipment Purchases..........;............$ 173,927
Computer Charges.......................... $ 6,384,582
Real Estate Rentals........................$ 1,078,037
Telecommunications...*.....................$ 444,647
Per Diem, Fees and Contracts...............$ 148,000
Loans to Counties/Property
Reevaluation......................*.........$ -0-
Grants to Counties/Appraisal
Staff................................... $ 1,430,000
Motor Vehicle Tag Purchases................$ 1,122,000
Motor Vehicle Decal Purchases..............$ 71,500
Intangible Tax Equalization Fund...........$ -0-
GEORGIA LAWS 1982 SESSION
2043
Postage.....................................$ 1,838,130
Total Positions Budgeted 1,058
Authorized Motor Vehicles 60
Section 39. Secretary of State.
A. Budget Unit: Secretary of State.............$ 12,665,160
1. Occupational Certification Budget:
Personal Services..........................$ 2,593,751
Regular Operating Expenses.................$ 832,380
Travel.....................................$ 115,172
Motor Vehicle Equipment Purchases..........$ 21,600
Publications and Printing..................$ 104,000
Equipment Purchases........................$ 28,081
Computer Charges...........................$ 95,000
Real Estate Rentals........................$ 319,241
Telecommunications.........................$ 93,043
Per Diem, Fees and Contracts...............$ 377,285
Postage....................................$ 145,000
Total Funds Budgeted.......................$ 4,724,553
State Funds Budgeted.......................$ 4,677,507
Total Positions Budgeted 136
Occupational Certification Functional Budgets
Accounting
Architect
Athletic Trainers
Auctioneers
Barbers
Chiropractic
Construction Industry
Cosmetology
Board
Costs
$ 130,775
$ 37,530
$ 820
$ 3,810
$ 8,965
$ 6,655
$ 51,870
$ 23,270
Cost of
Operations
$
$
$
$
$
$
$
$
230,390
98,974
1,368
30,320
171,028
39,907
256,399
632,753
2044
GENERAL ACTS AND RESOLUTIONS, VOL. I
Dentistry $
Engineers $
Forestry $
Funeral Service $
Geology $
Hearing Aid $
Landscape Architect $
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 $
39,240 $ 203,956
57,935 $ 271,011
2,530 $ 21,412
16,162 $ 123,972
1,965 $ 15,721
4,410 $ 24,290
7,165 $ 16,507
1,880 $ 14,469
-0- $ -0-
212,475 $ 767,090
10,925 $ 22,682
118,275 $ 650,566
5,470 $ 27,381
6,305 $ 27,674
1,750 $ 7,699
6,980 $ 68,529
66,435 $ 330,733
10,770 $ 21,773
1,845 $ 13,203
1,460 $ 10,979
62,735 $ 339,517
14,740 $ 247,672
19,100 $ 48,517
GEORGIA LAWS 1982 SESSION
Recreation
Sanitarian
Speech Pathology
Used Car Dealers
Used Car Parts
Veterinary
Wastewater
Well Water
Administration
Investigative
Total
2. Securities Regulation Budget:
Personal Services........................$
Regular Operating Expenses...............$
Travel...................................$
Motor Vehicle Equipment Purchases........$
Publications and Printing................$
Equipment Purchases......................$
Computer Charges.........................$
Real Estate Rentals......................$
Telecommunications.......................$
Per Diem, Fees and Contracts.............$
Postage..................................$
Total Funds Budgeted.....................$
$ 2,815 $
$ 4,740 $
$ 3,485 $
$ 10,120 $
$ 4,350 $
$ 20,500 $
$ 7,190 $
$ 7,294 $
$ -0-
$ -0-
$ 994,741
2045
19,274
17,172
14,352
158,781
31,924
61,135
53,283
20,003
-0-
-0-
5,112,416
461,542
34,198
8,110
21,600
4,000
1,350
47,915
17,290
10,982
2,100
400
609,487
2046
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$ 603,807
Total Positions Budgeted 18
3. Corporations Regulation Budget:
Personal Services.........................$ 538,846
Regular Operating Expenses................$ 21,204
Travel....................................$ 3,763
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 21,250
Equipment Purchases.......................$ 2,330
Computer Charges..........................$ 74,500
Real Estate Rentals..................... $ 81,480
Telecommunications........................$ 32,520
Per Diem, Fees and Contracts..............$ -0-
Postage...................................$ 36,000
Total Funds Budgeted......................$ 811,893
State Funds Budgeted......................$ 804,196
Total Positions Budgeted 32
4. Drugs and Narcotics Budget:
Personal Services....................... $ 423,500
Regular Operating Expenses................$ 37,335
Travel....................................$ 25,000
Motor Vehicle Equipment Purchases.........$ 14,400
Publications and Printing............... $ 300
Equipment Purchases.......................$ 200
Computer Charges..........................$ -0-
Real Estate Rentals..................... $ 5,782
Telecommunications........................$ 7,545
Per Diem, Fees and Contracts..............$ 2,500
Postage...................................$ 2,500
Total Funds Budgeted......................$ 519,062
State Funds Budgeted......................$ 513,871
Total Positions Budgeted 15
5. Archives and Records Budget:
Personal Services.........................$ 1,893,509
Regular Operating Expenses................$ 244,386
Travel....................................$ 43,913
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 24,000
Equipment Purchases.......................$ 60,651
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 30,386
GEORGIA LAWS 1982 SESSION 2047
Telecommunications.........................$ 53,201
Per Diem, Fees and Contracts...............$ 2,000
Capital Outlay........................... $ -0-
Postage....................................$ 21,042
Authority Lease Rentals....................$ 1,276,000
Total Funds Budgeted.......................$ 3,649,088
State Funds Budgeted.......................$ 3,588,268
Total Positions Budgeted 91
6. General Services Budget:
Personal Services..........................$ 559,666
Regular Operating Expenses............... $ 35,464
Travel.....................................$ 2,257
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 118,608
Equipment Purchases........................$ 3,300
Computer Charges...........................$ 12,047
Real Estate Rentals........................$ 6,085
Telecommunications.........................$ 18,296
Per Diem, Fees and Contracts...............$ 3,720
Postage....................................$ 27,411
Total Funds Budgeted.......................$ 786,854
State Funds Budgeted.......................$ 779,106
Total Positions Budgeted 29
7. Internal Administration Budget:
Personal Services..........................$ 739,983
Regular Operating Expenses.................$ 63,084
Travel.....................................$ 4,624
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 76,180
Equipment Purchases........................$ 3,062
Computer Charges...........................$ 12,000
Real Estate Rentals........................$ 21,240
Telecommunications.........................$ 22,958
Per Diem, Fees and Contracts...............$ 1,025
Postage....................................$ 27,554
Total Funds Budgeted.......................$ 971,710
State Funds Budgeted.......................$ 962,193
Total Positions Budgeted 35
2048
GENERAL ACTS AND RESOLUTIONS, VOL. I
8. State Campaign and Financial
Disclosure Commission Budget:
Personal Services.........................$ 77,298
Regular Operating Expenses................$ 5,199
Travel....................................$ 3,230
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 7,000
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 10,496
Telecommunications........................$ 2,570
Per Diem, Fees and Contracts..............$ 4,660
Postage...................................$ 3,800
Total Funds Budgeted......................$ 114,253
State Funds Budgeted.................... $ 113,110
Total Positions Budgeted 3
9. Elections and Campaign
Disclosure Budget:
Personal Services....................... $ 192,730
Regular Operating Expenses................$ 18,438
Travel............j.......................$ 2,259
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 6,300
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 4,619
Per Diem, Fees and Contracts..............$ 1,050
Postage................................. $ 4,000
Election Expenses.........................$ 400,000
Total Funds Budgeted......................$ 629,396
State Funds Budgeted......................$ 623,102
Total Positions Budgeted 8
Budget Unit Object Classes:
Personal Services.........................$ 7,480,825
Regular Operating Expenses................$ 1,291,688
Travel....................................$ 208,328
Motor Vehicle Equipment Purchases.........$ 57,600
Publications and Printing.................$ 361,638
Equipment Purchases..................... $ 98,974
Computer Charges..........................$ 241,462
Real Estate Rentals.......................$ 492,000
GEORGIA LAWS 1982 SESSION
2049
Telecommunications....................$ 245,734
Per Diem, Fees and Contracts..........$ 394,340
Election Expenses.....................$ 400,000
Postage...............................$ 267,707
Capital Outlay........................$ -0-
Authority Lease Rentals...............$ 1,276,000
Total Positions Budgeted 367
Authorized Motor Vehicles 70
Provided, however, that the Secretary of State
is hereby authorized to expend up to $24,176 of
Elections Expense for Real Estate Rentals.
B. Budget Unit: Real Estate Commission.........$930,661
Real Estate Commission Budget:
Personal Services.......................$ 485,000
Regular Operating Expenses..............$ 156,322
Travel...................................$ 12,000
Motor Vehicle Equipment Purchases .......$ 35,500
Publications and Printing................$ 32,000
Equipment Purchases......................$ 8,680
Computer Charges.........................$ 82,800
Real Estate Rentals......................$ 35,000
Telecommunications.......................$ 15,854
Per Diem, Fees and Contracts.............$ 76,300
Total Funds Budgeted.....................$ 939,456
State Funds Budgeted.....................$ 930,661
Total Positions Budgeted 27
Real Estate Commission Functional Budget
Cost of
State Funds Operations Pos.
Real Estate
Commission $ 930,661 $ 971,611 27
2050
GENERAL ACTS AND RESOLUTIONS, VOL. I
Budget Unit Object Classes:
Personal Services.................... $ 485,000
Regular Operating Expenses...............$ 156,322
Travel...................................$ 12,000
Motor Vehicle Equipment Purchases.........$ 35,500
Publications and Printing................$ 32,000
Equipment Purchases..................^...$ 8,680
Computer Charges.........................$ 82,800
Real Estate Rentals......................$ 35,000
Telecommunications.......................,$ 15,854
Per Diem, Fees and Contracts.............$ 76,300
Total Positions Budgeted 27
Authorized Motor Vehicles 11
Section 40. Georgia Student Finance Commission.
Budget Unit: Georgia Student
Finance Commission................$ 15,199,146
1. Internal Administration
Activity Budget:
Personal Services.................-.......$ 1,762,494
Regular Operating Expenses.................$ 150,225
Travel....................................$ 48,400
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 55,000
Equipment Purchases....................... $ 56,335
Computer Charges...........v..............$ 112,160
Real Estate Rentals.................... $ 217,295
Telecommunications...............................62,040
Per Diem, Fees and Contracts...............$ 54,500
Total Funds Budgeted.....................$ 2,518,449
State Funds Budgeted.....................$ -0-
Total Positions Budgeted 89
2. Higher Education Assistance
Corporation Budget:
Payment of Interest and Fees...............$ 426,500
Total Funds Budgeted.....................$ 426,500
State Funds Budgeted.....................$ 376,500
Total Positions Budgeted 0
2054
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 41. Soil and Water Conservation
Committee.
Budget Unit: Soil and Water
Conservation Committee...........$ 833,026
1. Soil and Water Conservation
Central Office Budget:
Personal Services........................$ 381,268
Regular Operating Expenses...............$ 39,532
Travel...................................$ 39,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing.............. $ 16,286
Equipment Purchases......................$ 2,900
Computer Charges.........................$ -0-
Real Estate Rentals......................$ 20,885
Telecommunications.......................$ 10,089
Per Diem, Fees and Contracts.............$ 149,425
Total Funds Budgeted.....................$ 659,385
State Funds Budgeted.....................$ 652,791
Total Positions Budgeted 12
2. Soil and Water Conservation
Dam Safety Budget:
Personal Services........................$ 123,612
Regular Operating Expenses...............$ 13,400
Travel............................... $ 9,790
Motor Vehicle Equipment Purchases........$ 13,000
Publications and Printing.............. $ 2,300
Equipment Purchases......................$ 800
Computer Charges.........................$ 4,000
Real Estate Rentals......................$ 3,953
Telecommunications.....L..,..............$ 3,200
Per Diem, Fees and Contracts.............$ 8,000
Total Funds Budgeted.....................$ 182,055
State Funds Budgeted.....................$ 180,235
Total Positions Budgeted 5
Budget Unit Object Classes:
Personal Services........................$ 504,880
Regular Operating Expenses...............$ 52,932
Travel...................................$ 48,790
Motor Vehicle Equipment Purchases........$ 13,000
Publications and Printing................$ 18,586
Equipment Purchases.................... $ 3,700
Computer Charges.........................$ 4,000
GEORGIA LAWS 1982 SESSION
2051
3. Georgia Student Finance
Authority Budget:
Guaranteed Educational Loans...............$ 3,151,496
Tuition Equalization Grants................$ 11,100,000
Student Incentive Grants...................$ 3,977,915
North Georgia College
ROTC Grants..............................$ 149,050
Law Enforcement Personnel
Dependents Grants.......................$ 24,000
Georgia Military Scholarship
Grants...................................$ 51,000
Total Funds Budgeted.......................$ 18,453,461
State Funds Budgeted.......................$ 14,822,646
Total Positions Budgeted 0
Budget Unit Object Classes:
Personal Services..........................$ 1,762,494
Regular Operating Expenses.................$ 150,225
Travel.....................................$ 48,400
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 55,000
Equipment Purchases........................$ 56,335
Computer Charges...........................$ 112,160
Real Estate Rentals........................$ 217,295
Telecommunications.........................$ 62,040
Per Diem, Fees and Contracts...............$ 54,500
Payment of Interest and Fees...............$ 426,500
Guaranteed Educational Loans...............$ 3,151,496
Tuition Equalization Grants................$ 11,100,000
Student Incentive Grants...................$ 3,977,915
Law Enforcement Personnel
Dependents Grants.......................$ 24,000
North Georgia College
ROTC Grants.............................$ 149,050
Georgia Military Scholarship
Grants...................................$ 51,000
Total Positions Budgeted 89
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
2052
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 (Code
Sections 20-3-370 through 20-3-375). Provided
further, however, that of said appropriated
amount, the amounts designated below shall to the
greatest extent possible be used to provide cancel-
lable loans to students as designated below pursu-
ant to provisions of Code Section 32-3750, as
amended (Code Section 20-3-374), to wit: (a) an
amount not less than $1,435,000 is designated and
committed for the purpose of providing cancella-
ble loans to students in paramedical and other
professional and educational fields of study; (b) an
amount not to exceed $140,000 is designated and
committed for the purpose of providing cancella-
ble loans to students who are eligible members of
the Georgia National Guard; (c) an amount not to
exceed $360,000 is designated and committed for
the purpose of providing cancellable loans to class-
room teachers seeking special education training;
and (d) an amount not to exceed $40,000 is desig-
nated and committed for the purpose of providing
cancellable loans to students who are to become
agricultural teachers.
Provided, that the above appropriated amount
relative to Student Incentive Grants provides for
payment of need-based grants to undergraduate
students as provided for in Article 4 of Code Chap-
ter 32-37 (Code Sections 20-3-390 and 20-3-391).
Provided, that the above appropriated amount
relative to Tuition Equalization Grants provides
for payment of grants of $700 per academic year,
and for payment of grants for the 1982 summer
school quarter or semester, to undergraduate stu-
GEORGIA LAWS 1982 SESSION
2053
dents attending private colleges in Georgia as pro-
vided for in Article 5 of Code Chapter 32-37 (Code
Sections 20-3-410 through 20-3-416), and H.B. 589.
Provided, that the above appropriated amount
relative to North Georgia College ROTC Grants
provides for payment of grants to eligible students
as provided for in Article 6 of Code Chapter 32-37
(Code Sections 20-3-430 through 20-3-436).
Provided, that the above appropriated amount
relative to Law Enforcement Personnel Depen-
dents Grants provides for payment of grants to
eligible students as provided for in Article 7 of
Code Chapter 32-37 (Code Sections 20-3-450
through 20-3-455).
Provided, that the above appropriated amount
relative to North Georgia College Military Scholar-
ships provides for payment of scholarships to
select recipients as provided for in Article 9 of
Code Chapter 32-37 (Code Sections 20-3-420
through 20-3-437).
Provided, that the above appropriated amount
relative to Payment of Interest and Fees is desig-
nated and committed for the purpose of enabling
the Georgia Higher Education Assistance Corpora-
tion to make state interest subsidy payments to
lenders as provided for in Code Section 32-3314
(Code Section 20-3-273), and loan discount fee
payments to lenders as provided for in Code Sec-
tion 32-3315 (Code Section 20-3-274).
Provided, that from any of the above appropri-
ated amounts any available funds may be utilized
by the Georgia Higher Education Assistance Cor-
poration for the purpose of making timely pay-
ments of interest and special allowances to lenders
as provided for in Code Section 32-3313 (Code
Section 20-3-272) and Code Section 32-3710 (Code
Section 20-3-319).
2054
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 41. Soil and Water Conservation
Committee.
Budget Unit: Soil and Water
Conservation Committee............$ 833,026
1. Soil and Water Conservation
Central Office Budget:
Personal Services........................$ 381,268
Regular Operating Expenses...............$ 39,532
Travel................................. $ 39,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing.............. $ 16,286
Equipment Purchases......................$ 2,900
Computer Charges........................$ -0-
Real Estate Rentals......................$ 20,885
Telecommunications.......................$ 10,089
Per Diem, Fees and Contracts.............$ 149,425
Total Funds Budgeted.....................$ 659,385
State Funds Budgeted.....................$ 652,791
Total Positions Budgeted 12
2. Soil and Water Conservation
Dam Safety Budget:
Personal Services...................... $ 123,612
Regular Operating Expenses...............$ 13,400
Travel................................. $ 9,790
Motor Vehicle Equipment Purchases........$ 13,000
Publications and Printing................$ 2,300
Equipment Purchases......................$ 800
Computer Charges.........................$ 4,000
Real Estate Rentals......................$ 3,953
Telecommunications..................... $ 3,200
Per Diem, Fees and Contracts.............$ 8,000
Total Funds Budgeted.....................$ 182,055
State Funds Budgeted.....................$ 180,235
Total Positions Budgeted 5
Budget Unit Object Classes:
Personal Services........................$ 504,880
Regular Operating Expenses...............$ 52,932
Travel...................................$ 48,790
Motor Vehicle Equipment Purchases........$ 13,000
Publications and Printing................$ 18,586
Equipment Purchases......................$ 3,700
Computer Charges.........................$ 4,000
GEORGIA LAWS 1982 SESSION
2055
Real Estate Rentals.......................$
Telecommunications........................$
Per Diem, Fees and Contracts..............$
Total Positions Budgeted
Authorized Motor Vehicles
Section 42. Teachers Retirement System.
Budget Unit: Teachers Retirement
System...........................$
Departmental Operations Budget:
Personal Services........................$
Regular Operating Expenses...............$
Travel...................................$
Motor Vehicle Equipment
Purchases..............................$
Publications and Printing................$
Equipment Purchases......................$
Computer Charges.........................$
Real Estate Rentals......................$
Telecommunications.......................$
Per Diem, Fees and Contracts.............$
Postage..................................$
Cost of Living Increases for
Local Retirement System
Members................................$
Floor Fund for Local
Retirement Systems.....................$
Employer Contributions...................$
Total Funds Budgeted.....................$
State Funds Budgeted.....................$
Total Positions Budgeted
Budget Unit Object Classes:
Personal Services........................$
Regular Operating Expenses...............$
Travel...................................$
Motor Vehicle Equipment Purchases........$
Publications and Printing................$
Equipment Purchases......................$
Computer Charges.........................$
Real Estate Rentals......................$
Telecommunications.......................$
Per Diem, Fees and Contracts.............$
24,838
13,289
157,425
17
3
9,068,540
1,347,302
67,915
20,600
-0-
48,825
8,990
386,935
83,300
44,200
165,360
66,600
1,392,000
1,447,100
6,229,440
11,308,567
9,068,540
62
1,347,302
67,915
20,600
-0-
48,825
8,990
386,935
83,300
44,200
165,360
2056
GENERAL ACTS AND RESOLUTIONS, VOL. I
Postage...................................$
Cost of Living Increases for
Local Retirement System Members.........$
Floor Fund for Local
Retirement Systems.................. ,.$
Employer Contributions....................$
Total Positions Budgeted
Authorized Motor Vehicles
Section 43. Department of Transportation.
Budget Unit: Department of
Transportation...................$
1.1 Planning and Construction
Budget:
Personal Services.......................$
Regular Operating Expenses..............$
Travel.....................I............$
Motor Vehicle Equipment
Purchases..............................$
Publications and Printing...............$
Equipment Purchases.....................$
Computer Charges........................$
Real Estate Rentals................... $
Telecommunications....|.......:............$
Per Diem, Fees and Contracts.......... $
Capital Outlay..........................$
Eugene Talmadge Memorial
Bridge Study...................... :...$
Total Funds Budgeted....................$
State Funds Budgeted....................$
Total Positions Budgeted
2. Maintenance and Betterments
Budget:
Personal Services..................... $
Regular Operating Expenses..............$
Travel..................................$
Motor Vehicle Equipment
Purchases...................... ....$
Publications and Printing...............$
Equipment Purchases.....................$
Computer Charges........................$
Real Estate Rentals................... $
66,600
1,392,000
1,447,100
6,229,440
62
1
407,956,876
71,945,408
4,224,287
1,060,000
-0-
260,000
49,350
-0-
34,415
985,820
6,100,000
351,127,102
200,000
435.986.382
181.888.382
3,049
54,713,987
36,624,032
353,350
-0-
11,000
-0-
-0-
-0-
GEORGIA LAWS 1982 SESSION 2057
Telecommunications.........I...............$ 131,138
Per Diem, Fees and Contracts...............$ 1,040,811
Capital Outlay............................ $ 67,443,624
Total Funds Budgeted.......................$ 160,317,942
State Funds Budgeted.......................$ 158,117,942
Total Positions Budgeted 3,589
3. Authorities Budget:
Authority Lease Rentals....................$ 24,873,157
State of Georgia General
Obligation Debt Sinking Fund.............$ 3,714,593
Total Funds Budgeted.......................$ 28,587,750
State Funds Budgeted.......................$ 28,587,750
4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases..........$ 1,000,000
Equipment Purchases........................$ 2,200,000
Capital Outlay.............................$ 115,000
Total Funds Budgeted.......................$ 3,315,000
State Funds Budgeted.......................$ 3,215,000
5. Assistance to Counties Budget:
Grants to Counties.........................$ 9,317,013
Total Funds Budgeted.......................$ 9,317,013
State Funds Budgeted.......................$ 9,317,013
6. Administration Budget:
Personal Services..........................$ 7,930,518
Regular Operating Expenses.................$ 2,275,113
Travel.....................................$ 105,000
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 210,528
Equipment Purchases........................$ -0-
Computer Charges...........................$ 829,527
Real Estate Rentals........................$ 925,000
Telecommunications.........................$ 233,700
Per Diem, Fees and Contracts...............$ 190,000
Total Funds Budgeted.......................$ 12,699,386
State Funds Budgeted.......................$ 12,699,386
Total Positions Budgeted 321
2058
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
bridge construction and surveys, maintenance and
improving the State Highway System of roads and
bridges, and the costs incident thereto provided all
GEORGIA LAWS 1982 SESSION
2059
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
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.
2060
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Code
Section 91A-7003 (Code Section 48-14-3) 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...........................$ 305,473
Capital Outlay - Paving State
and Local Schools and
State Institutions.......................$ 750,000
Paving State Parks and
Historic Sites...........................$ 500,000
Capital Outlay - Paving
Farmers Markets..........................$ 35,000
Eugene Talmadge Memorial
Bridge Study........................... $ 200,000
Capital Outlay - Railroad
Grade Separation.........................$ 35,000
Maintenance and Betterments
Capital Outlay -
Rehabilitation and
Improvements - Off System................$ 10,000,000
This appropriation shall be accounted for sepa-
rately from all other appropriations to the Depart-
ment of Transportation, and shall be in addition to
GEORGIA LAWS 1982 SESSION
2061
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 (Code
Sections 36-40-41 through 36-40-45).
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.
8. Air Transportation Budget:
Personal Services........................$ 505,000
Regular Operating Expenses...............$ 456,100
Travel...................................$ 11,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 200
Equipment Purchases......................$ 6,000
Computer Charges.........................$ -0-
2062
GENERAL ACTS AND RESOLUTIONS, VOL. I
Real Estate Rentals........................$ 1
Telecommunications.........................$ 4,610
Per Diem, Fees and Contracts...............$ 500
Capital Outlay.............................$ 125,000
Total Funds Budgeted.......................$ 1,108,411
State Funds Budgeted.......................$ 710,497
Total Positions Budgeted 17
9. Inter-Modal Transfer Facilities
Budget:
Personal Services..........................$ 639,000
Regular Operating Expenses.................$ 53,070
Travel.....................................$ 22,100
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 26,000
Equipment Purchases........................$ 600
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 19,140
Per Diem, Fees and Contracts...............$ 464,500
Capital Outlay - Airport
Development..............................$ 700,000
Capital Outlay - Airport
Operational Improvements.................$ 1,000,000
Capital Outlay - Airport
Approach Aid.............................$ 270,000
Mass Transit Grants...................... $ 705,340
Total Funds Budgeted.......................$ 3,899,750
State Funds Budgeted.......................$ 3,649,906
Total Positions Budgeted 24
10. Harbor Maintenance Budget:
Harbor Maintenance Payments................$ 454,000
Capital Outlay - Land Acquisition..........$ -0-
Total Funds Budgeted.......................$ 454,000
State Funds Budgeted.......................$ 454,000
Budget Unit Object Classes:
Personal Services........................ $ 135,733,913
Regular Operating Expenses.................$ 43,632,602
Travel................................... $ 1,551,450
Motor Vehicle Equipment
Purchases................................$ 1,000,000
Publications and Printing..................$ 507,728
GEORGIA LAWS 1982 SESSION
2063
Equipment Purchases...................... $ 2,255,950
Computer Charges...........................$ 829,527
Real Estate Rentals........................$ 959,416
Telecommunications....................... $ 1,374,408
Per Diem, Fees and Contracts...............$ 7,795,811
Capital Outlay.............................$ 418,810,726
Mass Transit Grants........................$ 705,340
Grants to Municipalities...................$ 9,317,000
Harbor Maintenance Payments................$ 454,000
Grants to Counties.........................$ 9,317,013
Authority Lease Rentals....................$ 24,873,157
Capital Outlay - Airport
Development..............................$ 700,000
State of Georgia General
Obligation Debt Sinking
Fund.....................................$ 3,714,593
Capital Outlay - Airport
Operational Improvements.................$ 1,000,000
Capital Outlay - Airport
Approach Aid.............................$ 270,000
Capital Outlay - Land
Acquisition..............................$ -0-
Eugene Talmadge Memorial
Bridge Study.............................$ 200,000
Total Positions Budgeted 7,000
Authorized Motor Vehicles 4,800
For the general administrative expenses of air-
port development, ma3S 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
Development Funds to finance up to but not
exceeding one-half (1/2) of the Non-federal share
when matching both Federal and Local Funds, and
2064
GENERAL ACTS AND RESOLUTIONS, VOL. I
50% of an individual airport project when match-
ing Local Funds only with no Federal Fund partici-
pation. Provided, further, that the Department of
Transportation is authorized to utilize State Air-
port Development Funds at 100% of the total cost
of an individual airport project for airports owned
by the State of Georgia.
Provided, that $454,000 of the above allocation
for harbor maintenance payments is designated
and committed for payment for harbor mainte-
nance and improvements at Savannah.
Provided, further, that the Department of
Transportation is authorized and directed to
transfer to Personal Services from other object
classes such funds as are required to fund the
increased Personal Services costs contemplated in
this Act, subject only to approval by the Office of
Planning and Budget.
Provided that the Department of Trans-
portation is authorized to retain its Bus Rental
Income to operate, maintain, and upgrade the
department-owned buses.
Section 44. Department of Veterans Service.
Budget Unit: Department of Veterans
Service..........................$ 11,378,749
1. Veterans Assistance Budget:
Personal Services........................$ 3,036,400
Regular Operating Expenses...............$ 94,605
Travel...................................$ 82,200
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 21,000
Equipment Purchases......................$ 8,000
Computer Charges.........................$ 100
Real Estate Rentals.................... $ 137,250
Telecommunications.......................$ 64,250
Per Diem, Fees and Contracts.............$ 6,000
Postage..................................$ 30,800
Total Funds Budgeted.....................$ 3,480,605
GEORGIA LAWS 1982 SESSION
2065
State Funds Budgeted......................$ 3,212,692
Total Positions Budgeted 155
Authorized Motor Vehicles 1
2. Veterans Home and Nursing Facility -
Milledgeville Budget:
Capital Outlay............................$ -0-
Equipment Purchases.......................$ 50,000
Regular Operating Expenses
for Projects........................;..$ 84,380
Operating Expenses/Payments to
Central State Hospital..................$ 7,201,545
Total Funds Budgeted..................... $ 7,335,925
State Funds Budgeted.......................$ 5,898,555
3. Veterans Nursing Home -
Augusta Budget:
Capital Outlay.............................$ -0-
Equipment Purchases........................$ 11,847
Regular Operating Expenses
for Projects.......................... $ -0-
Operating Expense/Payments to
Medical College of Georgia..............$ 3,037,375
Total Funds Budgeted.......................$ 3,049,222
State Funds Budgeted.......................$ 2,267,502
Budget Unit Object Classes:
Personal Services........................ $ 3,036,400
Regular Operating Expenses.................$ 94,605
Travel................................... $ 82,200
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 21,000
Equipment Purchases........................$ 69,847
Computer Charges...........................$ 100
Real Estate Rentals........................$ 137,250
Telecommunications.........................$ 64,250
Per Diem, Fees and Contracts...............$ 6,000
Capital Outlay........................... $ -0-
Postage....................................$ 30,800
Operating Expense/Payments to
Central State Hospital..................$ 7,201,545
Operating Expense/Payments to
Medical College of Georgia................$ 3,037,375
2066
GENERAL ACTS AND RESOLUTIONS, VOL. I
Regular Operating Expenses
for Projects..............................$ 84,380
Total Positions Budgeted 155
Authorized Motor Vehicles 1
Section 45. Workers Compensation Board.
Budget Unit: Workers Compensation
Board.............................$ 4,143,311
1. Workers Compensation
Administration Budget:
Personal Services.........................$ 2,920,124
Regular Operating Expenses................$ 78,106
Travel.................................. $ 40,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 38,000
Equipment Purchases.......................$ 57,850
Computer Charges..........................$ 118,644
Real Estate Rentals.......................$ 365,141
Telecommunications........................$ 72,270
Per Diem, Fees and Contracts............ $ 47,590
Postage...................................$ 51,800
Total Funds Budgeted......................$ 3,789,525
State Funds Budgeted......................$ 3,738,552
Total Positions Budgeted 127
2. Vocational Rehabilitation Budget:
Personal Services.........................$ 311,935
Regular Operating Expenses................$ 8,620
Travel.................................. $ 10,900
Motor Vehicle Equipment Purchases.,.......$ -0-
Publications and Printing.................$ 2,000
Equipment Purchases.......................$ 3,305
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 41,553
Telecommunications........................$ 7,884
Per Diem, Fees and Contracts..............$ 15,600
Postage...................................$ 6,500
Total Funds Budgeted......................$ 408,297
State Funds Budgeted......................$ 404,759
Total Positions Budgeted 15
GEORGIA LAWS 1982 SESSION
2067
Budget Unit Object Classes:
Personal Services.........................$ 3,232,059
Regular Operating Expenses................$ 86,726
Travel....................................$ 50,900
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 40,000
Equipment Purchases.......................$ 61,155
Computer Charges..........................$ 118,644
Real Estate Rentals.......................$ 406,694
Telecommunications........................$ 80,154
Per Diem, Fees and Contracts..............$ 63,190
Postage...................................$ 58,300
Total Positions Budgeted 142
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).............$ 60,200,000
B. Budget Unit: State of Georgia
General Obligation Debt
Sinking Fund (New)................$ 40,044,547
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Funds, $3,645,000 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 $13,500,000 in principal
amount of General Obligation Debt.
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Fund, $24,273,547 is specifically
appropriated for the purpose of financing a school
2068
GENERAL ACTS AND RESOLUTIONS, VOL. I
construction program throughout the State of
Georgia, which will consist of the construction and
equipping of school buildings and facilities, includ-
ing vocational education comprehensive high
schools, through the issuance of not more than
$89,960,000 in principal amount of General Obliga-
tion Debt.
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Fund, $8,076,000 is specifically
appropriated for the purpose of financing the
expansion of facilities under the control of the
Georgia Ports Authority through the issuance of
not more than $53,840,000 in principal amount of
General Obligation Debt.
Provided that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Fund, $4,050,000 is specifically
appropriated for the purpose of financing renova-
tions and improvements of various physical plant
facilities of the State Board of Regents of the
University System, construction and equipping of
vocational schools and libraries, improvement of
hospital facilities, construction and equipping of
facilities of the Department of Offender Rehabili-
tation, and improvements of recreational facilities
at Jekyll Island, through the issuance of not more
than $15,000,000 in Principal amount of General
Obligation Debt.
Section 47. Energy Conservation.
Budget Unit: Energy Conservation
Program...............................$ 1,786,639
Total Funds Budgeted...........................$ 6,073,278
State Funds Budgeted...........................$ 1,786,639
Section 48. In addition to all other appropri-
ations for the State fiscal year ending June 30,1983
there is hereby appropriated $2,484,403 for the
purpose of providing funds for the operation of
GEORGIA LAWS 1982 SESSION
2069
regional farmers markets in the Department of
Agriculture, and there is hereby appropriated
$5,634,000 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
($5,459,000 - 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 49. In addition to all other appropri-
ations for the State fiscal year ending June 30,
1983, there is hereby appropriated $2,100,000 to be
allocated to various state agencies for the purpose
of paying unemployment compensation payments
to former employees. Provided, further, the Office
of Planning and Budget shall designate the
amount to be allotted to each agency from this
section, and shall maximize the use of available
federal matching funds for this purpose.
Section 50. There is hereby appropriated
$150,000 for the payment of claims authorized by
Compensation Resolutions of the Georgia General
Assembly. The Office of Planning and Budget is
authorized and directed to transfer funds from this
appropriation to appropriate budget units for the
purpose of making such payments.
Section 51. Cost-of-Living Increases. In
addition to all other appropriations for the State
fiscal year ending June 30, 1983, there is hereby
appropriated $94,400,000 for the purposes
described herein: 1) An increase of $624 per
annum for full-time employees of the executive,
judicial and legislative branch of state government,
effective July 1,1982; 2) For a 5% increase on the
2070
GENERAL ACTS AND RESOLUTIONS, VOL. I
current salary schedule for teachers, public librari-
ans and other instructional and support personnel,
with first and second year teachers to be paid as
those with two years of experience and with
resumption of annual increments after completion
of one year of experience and permanent certifica-
tion, effective the following month, effective
September 1,1982; 3) For school bus drivers, a 5%
salary increase, effective July 1, 1982; 4) For uni-
versity system employees, a 4.75% salary increase,
to be effective September 1, 1982 for academic
contracted personnel; 5) A 4.75% salary increase,
effective July 1,1982, for non-academic personnel,
and fiscal year contracted personnel of the univer-
sity system and employees of the Athens and
Tifton Veterinary Laboratories, the Poultry Veter-
inary Diagnostic Laboratories, the Cooperative
Extension Service and the Agricultural Experi-
ment Stations with a maximum increase of $1,000
per annum for officials and employees of Regents
Central Office, and 6) An increase of 4% 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
(Code Section 45-7-4), and for secretaries for
whom salaries are set by Act 279 (H.B. 360) of the
1977 Regular Session of the Georgia General
Assembly (Code Sections 15-6-25 and 15-18-17),
effective July 1,1982.
Provided, further, that no funds shall be trans-
ferred from this section without prior review and
approval by the Legislative Budget Office.
Section 52. There is hereby appropriated
$13,872,760 for the payment of the State cost of a
2% increase in the employer contribution rate in
the Employees Retirement System, to be effective
July 1,1982. The Office of Planning and Budget is
authorized and directed to transfer funds from this
Section to appropriate budget units for the pur-
pose of making such payments.
GEORGIA LAWS 1982 SESSION
2071
Section 53. 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 State Fiscal Year
1983 and thereafter.
Section 54. 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 55. 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
2072
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 56. It is the intent of this General
Assembly that each agency for which an appropri-
ation 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 57. 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.
Section 58. No State appropriations autho-
rized under this Act shall be used to continue
programs currently funded by 100% Federal
funds.
GEORGIA LAWS 1982 SESSION
2073
availartra-rm-thrir qse m(>liidin|' 1 III! Illl| lilllil I ll
the Georgia Interactivp"riiTH h WtTTi T^* 1' i ommum-f^^^
; either directly or indirectly. ---------------------
Section 60. 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 State fiscal
year addressed within this Act, and for each and
every fiscal year thereafter, until all payments
required under lease contracts have been paid in
full, and if for any reason any of the sums herein
provided under any other provision of this Act are
insufficient in any year to make the required pay-
ments in full, there shall be taken from other funds
appropriated to the department, agency or institu-
tion involved, an amount sufficient to satisfy such
deficiency in full and the lease payment consti-
tutes 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 61. All expenditures and appropri-
ations 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 1982 regular session, except as
otherwise specified in this Act; provided, however,
2074
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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.
To the extent that Activity budget totals are in
excess of Activity fund availabilities as a result of
austerity reductions applied in this appropriations
act, it is the intent of this General Assembly that
the budget reductions to eliminate such excesses
be applied only to common object classes.
GEORGIA LAWS 1982 SESSION
2075
Section 62. 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. 1983
submitted to the General Assembly at the 1982
regular session.
Section 63. 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 64. 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 65. TOTAL APPROPRIATIONS
State F.Y. 1983..........................
Section 66. Parenthetical references to Code
sections following other statutory references refer
to the Official Code of Georgia Annotated which
will become effective November 1, 1982; and no
,$3,732,000,000.
2076
GENERAL ACTS AND RESOLUTIONS, VOL. I
substantive change is intended by the provision of
such references.
Section 67. This Act shall become effective
upon its approval by the Governor or upon its
becoming law without his approval.
Section 68. All laws and parts of laws in
conflict with this Act are hereby repealed.
Approved April 21,1982.
UPPER SAVANNAH RIVER DEVELOPMENT
AUTHORITY ACT.
Code Title 12, Chapter 3 Amended.
No. 1515 (House Bill No. 1401).
AN ACT
To create the Upper Savannah River Development Authority and
to authorize such authority to acquire, construct, equip, maintain,
and operate on public property boat docks; piers; boat ramps; cabins;
restaurants; motels; hotels; recreational centers and areas, including,
but not limited to, playgrounds; parks; hiking, camping, and picnick-
ing areas and facilities; swimming and wading pools; lakes; golf
courses; tennis courts; athletic fields and courts; clubhouses; gymnasi-
ums; auditoriums; and related buildings; and the usual and conven-
ient facilities pertaining to such undertakings and extensions and
improvements of such facilities, acquiring parking facilities and
parking areas in connection therewith and acquiring the necessary
property therefor, both real and personal, and to lease or sell any or
all of such facilities, including real property; to confer powers and to
impose duties on the authority; to provide for the membership and for
the appointment of members of the authority and their term of tenure
and compensation; to authorize the authority to contract with others
GEORGIA LAWS 1982 SESSION
2077
pertaining to the recreational facilities, to execute leases of such
facilities, to convey title to real property in fee simple of the author-
ity, and to do all things deemed necessary or convenient for the
operation of such undertakings; to authorize the issuance of revenue
bonds or obligations of the authority, payable from the revenues,
tolls, fees, charges, and earnings of the authority, including, but not
limited to, earnings derived from leases and income from conveyances
of real property of the authority; to pay the cost of such undertakings;
to authorize the collection and pledging of the revenues and earnings
of the authority for the payment of such bonds or obligations; to
authorize the execution of trust indentures to secure the payment
thereof; and to define the rights of the holders of such bonds or
obligations; to provide that no debt of Elbert or Hart County shall be
incurred in the exercise of any of the powers granted by this Act; to
make the bonds or obligations of the authority exempt from taxation;
to authorize the issuance of refunding bonds or obligations; to fix the
venue or jurisdiction of actions relating to any provisions of this Act
and to provide that such bonds or obligations be validated as author-
ized by the Revenue Bond Law; to provide for certain tax exemp-
tions; to provide for conflicts of interest of officers and employees of
the authority; to amend the Official Code of Georgia Annotated
accordingly; to provide effective dates; to provide for automatic
repeal of certain provisions of this Act; 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 Upper
Savannah River Development Authority Act.
Section 2. Upper Savannah River Development Authority, (a)
There is created a body corporate and politic to be known as the
Upper Savannah River Development Authority which shall be
deemed to be a political subdivision of the State of Georgia and a
public corporation by that name, style, and title. 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,
except that the authority or the trustee acting under the trust
indenture shall in no event be liable for any torts committed by any of
the officers, agents, and employees. The authority is granted the
same exemptions and exclusions from taxes as are now granted to
cities and counties for the operation of facilities similar to facilities to
be operated by the authority as provided under the provisions of this
Act.
2078
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The authority shall consist of seven members as follows: the
Secretary of State, the commissioner of natural resources, and five
members appointed by the Governor as follows: three members from
a list of five names submitted by the governing authority of Elbert
County and two members from a list of five names submitted by the
governing authority of Hart County. Each appointment shall be for a
term of four years and until his successor is appointed and qualified.
(c) The members of the authority shall elect one of their mem-
bers as chairman and another as vice-chairman. They shall also elect
a secretary and a treasurer who need not be members. The offices of
secretary and treasurer may be combined in one person.
(d) The authority may make such bylaws for its government as is
deemed necessary but is under no obligation to do so.
(e) Any four members of the authority shall constitute a quorum
necessary for the transaction of business, and a majority vote of those
present at any meeting at which there is a quorum shall be sufficient
to do and perform any action permitted to the authority by this Act.
However, no person shall be entitled to exercise or cast a proxy vote
for any member. No vacancy on the authority shall impair the right of
a quorum to transact any and all business as aforesaid.
(f) The members shall receive no compensation for their ser-
vices; but all members shall be entitled to be reimbursed for actual
expenses, including travel and any other expenses, incurred while in
the performance of their duties. Employees of the authority shall
receive reasonable compensation, to be determined by the members
of the authority, for their services.
(g) A vacancy in one of the appointive positions shall be filled in
the same manner as the original appointment for the remainder of the
unexpired term.
Section 3. Definitions. As used in this Act, the following words
and terms shall have the following meanings:
(1) The word authority shall mean the Upper Savannah
River Development Authority created in Section 2 of this Act.
(2) The word project shall be deemed to mean and
include the acquisition, construction, equipping, maintenance,
GEORGIA LAWS 1982 SESSION
2079
and operation on public property of boat docks; piers; boat ramps;
cabins; restaurants; motels; hotels; recreation centers and areas,
including, but not limited to, playgrounds; parks; hiking, camping,
and picnicking areas and facilities; swimming and wading pools;
lakes; golf courses; tennis courts; athletic fields and courts;
clubhouses; gymnasiums; auditoriums; and related buildings; and
the usual and convenient facilities pertaining to such undertak-
ings and extensions and improvements of such facilities; the
acquisition of parking facilities or parking areas in connection
therewith; the acquisition of the necessary property therefor, both
real and personal; and the lease and sale of any part or all of such
facilities, including real and personal property, so as to assure the
efficient and proper development, maintenance, and operation of
such recreational facilities and areas deemed by the authority to
be necessary, convenient, or desirable.
(3) The term cost of the project shall embrace the cost of
construction; the cost of all lands, properties, rights, easements,
and franchises acquired and the cost of all conveyances in fee
simple of the authoritys title thereto and leases thereof; the cost
of all machinery and equipment; financing charges; interest prior
to and during construction and for one year after completion of
construction; cost of engineering, architectural, fiscal, and legal
expenses, plans, and specifications; other expenses necessary or
incident to determining the feasibility or practicability of the
project; administrative expenses; and such other expenses as may
be necessary or incident to the financing herein authorized, the
construction of any project, and the placing of the same in
operation. Any obligation or expense incurred for any of the
foregoing purposes shall be regarded as a part of the cost of the
project and may be paid or reimbursed as such out of the proceeds
of revenue bonds issued under the provisions of this Act for such
project.
(4) The terms revenue bonds, bonds, and obligations
shall mean revenue bonds as defined and provided for in the
Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p.
761), as amended, and such type of obligations may be issued by
the authority as authorized under said Revenue Bond Law and
any amendments thereto and, in addition, shall also mean obliga-
tions of the authority, the issuance of which are hereinafter
specifically provided for in this Act.
2080
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Any project shall be deemed self-liquidating if, in the
judgment of the authority, the revenues and earnings to be
derived by the authority therefrom and all properties used, leased,
and sold in connection therewith will be sufficient to pay the cost
of operating, maintaining, repairing, improving, and extending the
project and to pay the principal of and interest on the revenue
bonds which may be issued to finance, in whole or in part, the cost
of such project or projects.
(6) The word public property shall mean any public
property adjacent to Richard B. Russell Lake.
Section 4. Powers. The authority shall have powers:
(1) To have a seal and alter the same at pleasure;
(2) To acquire by purchase, lease, or otherwise, with the
exception of eminent domain, and to hold, lease, and dispose of
real and personal property of every kind and character for its
corporate purposes;
(3) To acquire in its own name by purchase, on such terms
and conditions and in such manner as it may deem proper, real
property or rights of easements therein or franchises necessary or
convenient for its corporate purposes and to use the same so long
as its corporate existence shall continue; to lease or make con-
tracts with respect to the use of the same; or to dispose of the same
in any manner it deems to the best advantage of the authority,
subject to the provisions of Section 26. 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 is deposited in trust to pay
and redeem the fair value of such lien or encumbrance. If the
authority shall deem it expedient to construct any project on any
lands, the title to which shall then be in the State of Georgia, the
Governor is authorized to convey, for and in behalf of the state,
title to such lands to the authority upon payment to the State of
Georgia for the credit of the general fund of the state the reason-
able value of such lands, such value to be determined by three
appraisers to be agreed upon by the Governor and the chairman of
the authority. If the authority shall deem it expedient to construct
any project on any lands, the title to which shall then be in Elbert
or Hart County or in any municipality incorporated in said
GEORGIA LAWS 1982 SESSION
2081
counties, the governing authority or body of any of said counties or
of any of said municipalities is authorized to convey title to such
lands to the authority upon payment for the credit of the general
funds of said counties or municipalities the reasonable value of
such lands, such value to be determined by three appraisers to be
agreed upon by the governing authority or body of said county or
municipality and the chairman of the authority;
(4) To appoint, select, and employ officers, agents, and
employees, including engineering, architectural, and construction
experts; fiscal agents; and attorneys, and fix their respective
compensations;
(5) To make contracts and leases and to execute all instru-
ments necessary or convenient, including contracts for construc-
tion of projects and leases of projects or contracts with respect to
the use of projects which it causes to be erected or acquired, and to
dispose by conveyance of its title in fee simple of real and personal
property of every kind and character, subject to the provisions of
Section 26. Any and all persons, firms and corporations, the state,
and any and all political subdivisions, departments, institutions,
or agencies of the state are authorized to enter into contracts,
leases, or agreements with the authority upon such terms and for
such purposes as they deem advisable; and, without limiting the
generality of the above, authority is specifically granted to munici-
pal corporations and counties and to the authority to enter into
contracts and lease and sublease agreements with the State of
Georgia or any agencies or departments thereof relative to parks
and recreational centers, areas, and facilities and relative to any
property, which such department or other agency or department
of the State of Georgia has now or may hereafter obtain by lease
from the United States government or any agency or department
thereof, and with the United States government or any agency or
department thereof. The authority is specifically authorized to
convey title, in fee simple, to any and all of its lands and any
improvements thereon to any persons, firms, corporations, muni-
cipalities, the State of Georgia, or the United States government,
or any agency or department thereof, subject to the rights and
interests of the holders of any of the bonds or obligations au-
thorized to be issued hereunder, by the resolution or trust in-
denture of the authority authorizing the issuance of any of its
bonds or obligations as provided in Section 17 of this Act;
2082
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) To construct, erect, acquire, own, repair, remodel, main-
tain, add to, extend, improve, equip, operate, and manage projects
as hereinabove defined, the cost of any such project to be paid in
whole or in part from the proceeds of revenue bonds or other funds
of the authority or from such proceeds or other funds and any
grant from the United States of America or any agency or instru-
mentality 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 accept loans or grants of money or materials or
property of any kind from the State of Georgia or any agency or
instrumentality or political subdivision thereof, upon such terms
and conditions as the State of Georgia or such agency or instru-
mentality or political subdivision may impose;
(9) To borrow money for any of its corporate purposes and
to execute evidences of such indebtedness and to secure the same,
to issue negotiable revenue bonds payable solely from funds
pledged for that purpose, and to provide for the payment of the
same and for the rights of the holders thereof; but in no event shall
revenue bonds be an obligation of Elbert or Hart County;
(10) 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;
(11) The authority and the trustee acting under the trust
indenture are specifically authorized from time to time to sell,
lease, grant, exchange, or otherwise dispose of any surplus prop-
erty, both real or personal, or interest therein not required in the
normal operation of and usable in the furtherance of the purpose
for which the authority was created, except as such right and
power may be limited as provided in Section 17 hereof;
(12) To borrow money for any of its corporate purposes from
any bank, banks, or other lending institutions for a period of time
not to exceed ten years and to execute evidences of such indebted-
ness and to secure the same;
GEORGIA LAWS 1982 SESSION
2083
(13) To serve as an agency in managing, developing, and
leasing property received or leased from the United States of
America; and
(14) To do all things necessary or convenient to carry out the
powers expressly given in this Act.
Section 5. Revenue bonds. The authority, or any authority or
body which has succeeded or which may in the future succeed to the
powers, duties, and liabilities vested in the authority, shall have
power and is authorized at one time, or from time to time, to provide
by resolution for the issuance of negotiable revenue bonds for the
purpose of paying all or any part of the cost, as defined herein, of any
one project or a combination of projects. The principal and interest of
such revenue bonds shall be payable solely from the special fund
provided in Section 16 for such payment. The bonds of each issue
shall be dated and shall mature at such times and bear interest at
such rates as may be determined by the authority, payable in such
medium of payment as to both principal and interest as may be
determined by the authority, and may be made redeemable before
maturity, at the option of the authority, at such price or prices and
under such terms and conditions as may be fixed by the authority in
the resolution providing for the issuance of the bonds. Such revenue
bonds or obligations shall be issued pursuant to and in conformity
with the Revenue Bond Law, approved March 31,1937 (Ga. L. 1937,
p. 761), as amended; and all procedures pertaining to such issuance
and the conditions thereof shall be the same as those contained in said
Revenue Bond Law and any amendments thereto.
Section 6. Same; form; denomination; registration; place of
payment. The authority shall determine the form of the bonds,
including any interest coupons to be attached thereto, and shall fix
the denomination or denominations of the bonds and the place or
places of payment of principal and interest thereof which may be at
any bank or trust company within or without the state. The bonds
may be issued in coupon or registered form, or both, as the authority
may determine; and provision may be made for the registration of any
coupon bond as to principal alone and also as to both the principal
and interest.
Section 7. Same; signatures; seal. All such bonds shall be signed
by the chairman of the authority and attested by the secretary and
treasurer of the authority, the official seal of the authority shall be
2084
GENERAL ACTS AND RESOLUTIONS, VOL. I
affixed thereto, and any coupons attached thereto shall bear the
facsimile signatures of the chairman and secretary and treasurer of
the authority. Any coupon may bear the facsimile signatures of such
persons; and any bond may be signed, sealed, and attested on behalf
of the authority by such persons as, at the actual time of the execution
of such bonds, shall be duly authorized or hold the proper office,
although at the date of such bonds such persons may not have been so
authorized or shall not have held such office. In case any officer
whose signature shall appear on any bonds or whose facsimile signa-
ture shall appear on any coupon shall cease to be such officer before
delivery of such bonds, such signature shall nevertheless be valid and
sufficient for all purposes as if he had remained in office until such
delivery.
Section 8. Negotiability; exemption from taxation. All revenue
bonds issued under the provisions of this Act shall have and are
declared to have all the qualities and incidents of negotiable instru-
ments under the laws of this state. Such bonds are declared to be
issued for an essential public and governmental purpose, and the said
bonds and the income thereof shall be exempt from all taxation
within the state.
Section 9. Same; sale; proceeds. The authority may sell such
bonds in such manner and for such price as it may determine to be in
the best interest of the authority, and the proceeds derived from the
sale of such bonds shall be used solely for the purpose provided in the
proceedings authorizing the issuance of such bonds.
Section 10. Same; interim receipts and certificates or temporary
bonds. Prior to the preparation of definitive bonds, the authority
may, under like restrictions, issue interim receipts, interim certifi-
cates, or temporary bonds with or without coupons exchangeable for
definitive bonds upon the issuance of the latter.
Section 11. Same; replacement of lost or mutilated bonds. The
authority may also provide for the replacement of any bond or any
coupons which shall become mutilated or be destroyed or lost.
Section 12. Same; conditions precedent to issuance. Such
revenue bonds may be issued without any other proceedings or the
happening of any other conditions or things than those proceedings,
conditions, and things which are specified or required by this Act.
Any resolution providing for the issuance of revenue bonds under the
GEORGIA LAWS 1982 SESSION
2085
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.
Section 13. Credit not pledged. Revenue bonds issued under
the provisions of this Act shall not be deemed to constitute a debt of
Elbert County or Hart County nor a pledge of the faith and credit of
any of said counties; but such bonds shall be payable solely from the
fund hereinafter provided for. The issuance of such revenue bonds
shall not directly, indirectly, or contingently obligate any of said
counties to levy or to pledge any form of taxation whatever therefor or
to make any appropriation for their payment. All such bonds shall
contain recitals on their face covering substantially the foregoing
provisions of this section.
Section 14. Trust indenture as security. In the discretion of the
authority, any issue of such revenue bonds may be secured by a trust
indenture by and between the authority and a corporate trustee
which may be any trust company or bank having the powers of a trust
company within or outside of the state. Such trust indenture may
pledge or assign fees, rents, tolls, revenues, and earnings to be
received by the authority, including the proceeds derived from the
sale from time to time of any surplus property of the authority, both
real and personal. Either the resolution providing for the issuance of
revenue bonds or such trust indenture may contain such provisions
for protecting and enforcing the rights and remedies of the bondhold-
ers as may be reasonable and proper and not in violation of law,
including covenants setting forth the duties of the authority in
relation to the acquisition of property; the construction of the project;
the maintenance, operation, repair, and insurance of the project; and
the custody, safeguarding, and application of all moneys, including
the proceeds derived from the sale of property of the authority, both
real and personal; and may also provide that any project shall be
constructed and paid for under the supervision and approval of
consulting engineers or architects employed or designated by the
authority; and may also contain provisions concerning the conditions,
if any, upon which additional revenue bonds may be issued. It shall
be lawful for any bank or trust company incorporated under the laws
of this state to act as such depository and to furnish such indemni-
fying bonds or pledge such securities as may be required by the
authority. Such indenture may set forth the rights and remedies of
the bondholders and of the trustee and may restrict the individual
2086
GENERAL ACTS AND RESOLUTIONS, VOL. I
right of action of bondholders as is customary in trust indentures
securing bonds and debentures of corporations. In addition to the
foregoing, such trust indenture may contain such other provisions as
the authority may deem reasonable and proper for the security of the
bondholders. All expenses incurred in carrying out such trust inden-
ture may be treated as a part of the cost of maintenance, operation,
and repair of the project affected by such indenture.
Section 15. To whom proceeds of bonds shall be paid. The
authority shall, in the resolution providing for the issuance of revenue
bonds or in the trust indenture, provide for the payment of the
proceeds of the sale of the bonds to any officer or person who or any
agency, bank, or trust company which shall act as trustee of such
funds and shall hold and apply the same to the purposes hereof,
subject to such regulations as this Act and such resolution or trust
indenture may provide.
Section 16. Sinking fund. The revenues, rents, fees, tolls, and
earnings derived from any particular project or projects, regardless of
whether or not such fees, earnings, and revenues were produced by a
particular project for which bonds have been issued, and any moneys
derived from the sale of any properties, both real and personal, of the
authority, unless otherwise pledged and allocated, may be pledged
and allocated by the authority to the payment of the principal and
interest on revenue bonds of the authority as the resolution authoriz-
ing the issuance of the bonds or in the trust instrument may provide.
Such funds so pledged, from whatever source received, which said
pledge may include funds received from one or more or all sources,
shall be set aside at regular intervals as may be provided in the
resolution or trust indenture into a sinking fund, which said sinking
fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest
shall fall due;
(2) The principal of the bonds as the same shall fall due;
(3) Any premium upon bonds acquired by the redemption,
payment, or otherwise;
(4) The necessary charges of the paying agent or agents for
paying principal and interest; and
GEORGIA LAWS 1982 SESSION
2087
(5) Any investment fees or charges.
The use and disposition of such sinking fund shall be subject to such
regulations as may be provided in the resolution authorizing the
issuance of the revenue bonds or in the trust indenture; but, except as
may otherwise be provided in such resolution or trust indenture, such
sinking fund shall be maintained as a trust account for the benefit of
all revenue bonds without distinction or priority of one over another.
Subject to the provisions of the resolution authorizing the issuance of
the bonds or in the trust indenture, any surplus moneys in the sinking
fund may be applied to the purchase or redemption of bonds; and any
such bonds so purchased or redeemed shall forthwith be cancelled
and shall not be reissued, printed, and delivered.
Section 17. Remedies of bondholders. Except to the extent the
rights given in this section may be restricted by resolution passed
before the issuance of bonds or by a trust indenture, any holder of
revenue bonds or interest coupons issued under the provisions of this
Act, any receiver for such holders, or any indenture trustee, if any,
may either at law or in equity, by action, mandamus, or other
proceedings, protect and enforce any and all rights under the laws of
the State of Georgia or granted by this Act or under such resolution or
trust indenture. Such holder, receiver, or trustee may enforce and
compel performance of all duties required by this Act, or by such
resolution or trust indenture, to be performed by the authority or any
officer thereof, including the fixing, charging, and collecting of reve-
nues, rents, and other charges for the use of the project or projects. In
the event of default of the authority upon the principal and interest
obligations of any revenue bond issue, such holder, receiver, or trustee
shall be subrogated to each and every right, specifically including the
contract rights of collecting rental, which the authority may possess
against the state or any department, agency, or institution of the state
and, in the pursuit of his or its remedies as subrogee, may proceed
either at law or in equity, by action, mandamus, or other proceedings,
to collect any sums by such proceedings due and owing to the
authority and pledged or partially pledged directly or indirectly to the
benefit of the revenue bond issue of which such holder, receiver, or
trustee is representative. No holder, receiver, or trustee shall have the
right to compel any exercise of the taxing power of the state to pay
any such bond or the interest thereon, or to enforce the payment
thereof against any property owner of the state, nor shall any such
bond constitute a charge, lien, or encumbrance, legal or equitable,
upon the property of the state.
2088
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 18. Refunding bonds. The authority is authorized to
provide by resolution for the issuance of bonds of the authority for the
purpose of funding or refunding any revenue bonds issued under the
provisions of this Act and then outstanding, together with accrued
interest thereon and premium, if any. The issuance of such funding
or refunding bonds, the maturities and all other details thereof, the
rights of the holders thereof, and the duties of the authority in respect
to the same shall be governed by the foregoing provisions of this Act
insofar as the same may be applicable.
Section 19. Venue and jurisdiction. Any action to protect or
enforce any rights under the provisions of this Act or any suit or
action against such authority shall be brought in the Superior Court
of Elbert County or Hart County; and any action pertaining to
validation of any bonds issued under the provisions of this Act shall
likewise be brought in one of said courts which shall have exclusive,
original jurisdiction of such actions.
Section 20. Validation. Bonds of the authority shall be con-
firmed and validated in accordance with the procedure of the Reve-
nue Bond Law. The petition for validation shall also make party
defendant to such action the State of Georgia or any municipality,
county, authority, political subdivision, or instrumentality of the
State of Georgia or the United States government or any department
or agency of the United States government, if subject to being sued
and if consenting to same, which has contracted with the authority for
the services and facilities of the project for which bonds are to be
issued and sought to be validated; and the state or such municipality,
county, authority, political subdivision, or instrumentality shall be
required to show cause, if any, why such contract or contracts and the
terms and conditions thereof should not be inquired into by the court
and the validity of the terms thereof be determined and the contract
or contracts adjudicated as a part of the basis of the security for the
payment of any such bonds of the authority. The bonds, when
validated, and the judgment of validation shall be final and conclu-
sive with respect to such bonds and the security for the payment
thereof and interest thereon and against the authority issuing the
same, the state and any municipality, county, authority, political
subdivision, or instrumentality, if a party to the validation proceed-
ings, contracting with the said Upper Savannah River Development
Authority.
GEORGIA LAWS 1982 SESSION
2089
Section 21. Interest of bondholders protected. While any of the
bonds issued by the authority remain outstanding, the powers, duties,
or existence of said authority or of its officers, employees, or agents
shall not be diminished or impaired in any manner that will affect
adversely the interest and rights of the holders of such bonds; and no
other entity, department, agency, or authority will be created which
will compete with the authority to such an extent as to affect
adversely the interest and rights of the holders of such bonds; nor will
the state itself so compete with the authority. The provisions of this
Act shall be for the benefit of the authority and the holders of any
such bonds and, upon the issuance of bonds under the provisions
hereof, shall constitute a contract with the holders of such bonds.
Section 22. Moneys received considered trust funds. All moneys
received pursuant to the authority of this Act, whether as proceeds
from the sale of revenue bonds; as grants or other contributions; or as
revenues, income, fees, and earnings, shall be deemed to be trust
funds to be held and applied solely as provided in this Act.
Section 23. Purpose of the authority. Without limiting the
generality of any provisions of this Act, the general purpose of the
authority is declared to be that of acquiring, constructing, equipping,
maintaining, and operating boat docks; piers; boat ramps; cabins;
restaurants; motels; hotels; recreational centers and areas, including,
but not limited to, playgrounds; parks; hiking, camping, and picnick-
ing areas; swimming and wading pools; lakes; golf courses; tennis
courts; athletic fields and courts; clubhouses; gymnasiums; auditori-
ums; and related buildings; and the usual and convenient facilities
pertaining to such undertakings and extensions and improvements of
such facilities, acquiring parking facilities and parking areas in con-
nection therewith and acquiring the necessary property therefor,
both real and personal, and to lease or sell any or all of such facilities,
including real property, and to do any and all things deemed by the
authority to be necessary, convenient, or desirable for an incident to
the efficient and proper development and operation of such types of
undertakings.
Section 24. Rates, charges, and revenues; use. The authority is
authorized to prescribe and revise from time to time rates, rents, fees,
tolls, and charges, and to collect such rates, rents, fees, tolls, and
charges for the services, facilities, or commodities furnished, includ-
ing leases, concessions, or subleases of its lands or facilities, and to
determine the price and terms at and under which its lands or
2090
GENERAL ACTS AND RESOLUTIONS, VOL. I
facilities may be sold and, in anticipation of the collection of the
revenues and income of such undertakings or projects, to issue
revenue bonds as herein provided to finance in whole or in part the
cost of the acquisition, construction, reconstruction, improvement,
equipment, betterment, or extension of its lands and facilities and to
pledge to the punctual payment of said bonds and interest thereon all
or any part of the revenues and income of such undertakings or
projects, including the revenues of improvements, betterments, or
extensions thereto thereafter made or the sale of any of its lands and
facilities.
Section 25. Rules and regulations for operations of projects. It
shall be the duty of the authority to prescribe rules and regulations
for the operation of the project or projects constructed under the
provisions of this Act, including the basis on which recreational
facilities shall be furnished.
Section 26. (a) All meetings of the authority shall be opened to
the public at all times. Ample notice shall be given to all members of
the authority and to the public of any special or called meeting of the
authority. The minutes of all meetings and all actions taken by the
authority shall likewise be opened to public inspection.
(b) Each purchase made in behalf of the authority of personal
property or services in excess of $1,000.00 shall be accomplished
pursuant to competitive bids, after having published invitations to
bid in the official organs of Elbert and Hart counties prior to the
award of any contract. All bids shall be opened during meetings of the
authority, and the rejection or acceptance thereof shall be entered
upon the minutes of the authority.
(c) Any surplus or unserviceable property of the authority shall
be disposed of pursuant to competitive bids which shall be advertised
in the official organs of Elbert and Hart counties. All bids for the
disposal of such property shall be opened during public meetings of
the authority, and the acceptance or rejection thereof shall be entered
upon the minutes of the authority.
(d) At the conclusion of each fiscal year of the authority, the
affairs of the authority shall be audited by a certified public account-
ing firm. A synopsis of the audit shall be published in the official
organs of Elbert and Hart counties as soon as the report of the
auditors is submitted to the authority.
GEORGIA LAWS 1982 SESSION
2091
(e) All funds of the authority which are not required for the
normal operations of the authority shall be invested in interest-
bearing investments within 30 days of their receipt by the authority.
Section 27. Powers declared supplemental and additional. It is
found, determined, and declared that the creation of the authority
and the carrying out of its corporate purposes are in all respects for
the benefit of the people of this state and constitute a public purpose
and that the authority will be performing an essential governmental
function in the exercise of the power conferred upon it by this Act.
The state covenants with the holders of the bonds that the authority
shall be required to pay no taxes or assessments upon any of the
property acquired or leased by it or under its jurisdiction, control,
possession, or supervision, or upon its activities in the operation or
maintenance of the buildings erected or acquired by it, or upon any
fees, rentals, or other charges for the use of such buildings, or upon
other income received by the authority. Further, this state covenants
that the bonds of the authority, their transfer, and the income
therefrom shall at all times be exempt from taxation within the state.
The exemption provided in this section shall not include any exemp-
tion from sales and use tax on property purchased by the authority or
for use by the authority.
Section 28. (a) Every member of the authority and every
employee of the authority who knowingly has any interest direct or
indirect in any contract to which the authority is or is about to
become a party, or in any other business of the authority, or in any
firm or corporation doing business with the authority shall make full
disclosure of such interest to the authority. Failure to disclose such
an interest shall constitute cause for which an authority member may
be removed or an employee discharged or otherwise disciplined at the
discretion of the authority.
(b) Provisions of the Act of the General Assembly approved
March 10, 1964 (Ga. L. 1964, p. 261), as amended, regulating the
conduct of officers, employees, and agents of political subdivisions,
municipal and other public corporations, and other public organiza-
tions, shall be applicable to the conduct of members, officers, employ-
ees, and agents of the authority.
(c) Any contract or transaction of the authority involving a
conflict of interest not disclosed under subsection (a) hereof, or a
violation of the Act of the General Assembly approved March 10,1964
2092
GENERAL ACTS AND RESOLUTIONS, VOL. I
(Ga. L. 1964, p. 261), as amended, or a violation of any other provision
of law applicable to the authority, its members, officers, or employees
regulating conflicts of interest shall be voidable by the authority.
Part 2
Section 29. Chapter 3 of Title 12 of the Official Code of Georgia
Annotated, relating to parks and authorities, is amended by adding
immediately following Part 5 a new part, to be designated Part 6, to
read as follows:
Part 6
12-3-400. This part may be cited as the Upper Savannah River
Development Authority Act.
12-3-401. (a) There is created a body corporate and politic to
be known as the Upper Savannah River Development Authority
which shall be deemed to be a political subdivision of the State of
Georgia and a public corporation by that name, style, and title. 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, except that the authority or the trustee acting under the trust
indenture shall in no event be liable for any torts committed by any of
the officers, agents, and employees. The authority is granted the
same exemptions and exclusions from taxes as are now granted to
cities and counties for the operation of facilities similar to facilities to
be operated by the authority as provided under the provisions of this
part.
(b) The authority shall consist of seven members as follows: the
Secretary of State, the commissioner of natural resources, and five
members appointed by the Governor as follows: three members from
a list of five names submitted by the governing authority of Elbert
County and two members from a list of five names submitted by the
governing authority of Hart County. Each appointment shall be for a
term of four years and until his successor is appointed and qualified.
(c) The members of the authority shall elect one of their mem-
bers as chairman and another as vice-chairman. They shall also elect
a secretary and a treasurer who need not be members. The offices of
secretary and treasurer may be combined in one person.
GEORGIA LAWS 1982 SESSION
2093
(d) The authority may make such bylaws for its government as is
deemed necessary but is under no obligation to do so.
(e) Any four members of the authority shall constitute a quorum
necessary for the transaction of business, and a majority vote of those
present at any meeting at which there is a quorum shall be sufficient
to do and perform any action permitted to the authority by this part.
However, no person shall be entitled to exercise or cast a proxy vote
for any member. No vacancy on the authority shall impair the right of
a quorum to transact any and all business as aforesaid.
(f) The members shall receive no compensation for their ser-
vices; but all members shall be entitled to be reimbursed for actual
expenses, including travel and any other expenses, incurred while in
the performance of their duties. Employees of the authority shall
receive reasonable compensation, to be determined by the members
of the authority, for their services.
(g) A vacancy in one of the appointive positions shall be filled in
the same manner as the original appointment for the remainder of the
unexpired term.
12-3-402. (a) As used in this part, the term:
(1) Authority means the Upper Savannah River Develop-
ment Authority created in Code Section 12-3-401.
(2) Cost of the project means and embraces the cost of
construction; the cost of all lands, properties, rights, easements,
and franchises acquired and the cost of all conveyances in fee
simple of the authoritys title thereto and leases thereof; the cost
of all machinery and equipment; financing charges; interest prior
to and during construction and for one year after completion of
construction; cost of engineering, architectural, fiscal, and legal
expenses, plans, and specifications; other expenses necessary or
incident to determining the feasibility or practicability of the
project; administrative expenses; and such other expenses as may
be necessary or incident to the financing herein authorized, the
construction of any project, and the placing of the same in
operation. Any obligation or expense incurred for any of the
foregoing purposes shall be regarded as a part of the cost of the
project and may be paid or reimbursed as such out of the proceeds
of revenue bonds issued under the provisions of this part for such
project.
2094
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Project means and includes the acquisition, construc-
tion, equipping, maintenance, and operation on public property of
boat docks; piers; boat ramps; cabins; restaurants; motels; hotels;
recreation centers and areas, including, but not limited to, play-
grounds; parks; hiking, camping, and picnicking areas and facili-
ties; swimming and wading pools; lakes; golf courses; tennis courts;
athletic fields and courts; clubhouses; gymnasiums; auditoriums;
and related buildings; and the usual and convenient facilities
pertaining to such undertakings and extensions and improve-
ments of such facilities; the acquisition of parking facilities or
parking areas in connection therewith; the acquisition of the
necessary property therefor, both real and personal; and the lease
and sale of any part or all of such facilities, including real and
personal property, so as to assure the efficient and proper develop-
ment, maintenance, and operation of such recreational facilities
and areas deemed by the authority to be necessary, convenient, or
desirable.
(4) Public property means any public property adjacent to
Richard B. Russell Lake.
(5) Revenue bonds, bonds, and obligations mean reve-
nue bonds as defined and provided for in Article 3 of Chapter 82 of
Title 36 and such type of obligations may be issued by the
authority as authorized under said Article 3 and, in addition, shall
also mean obligations of the authority, the issuance of which are
hereinafter specifically provided for in this part.
(b) Any project shall be deemed self-liquidating if, in the
judgment of the authority, the revenues and earnings to be derived by
the authority therefrom and all properties used, leased, and sold in
connection therewith will be sufficient to pay the cost of operating,
maintaining, repairing, improving, and extending the project and to
pay the principal of and interest on the revenue bonds which may be
issued to finance, in whole or in part, the cost of such project or
projects.
12-3-403. The authority shall have powers:
(1) To have a seal and alter the same at pleasure;
(2) To acquire by purchase, lease, or otherwise, with the
exception of eminent domain, and to hold, lease, and dispose of
GEORGIA LAWS 1982 SESSION
2095
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, real
property or rights of easements therein or franchises necessary or
convenient for its corporate purposes and to use the same so long
as its corporate existence shall continue; to lease or make con-
tracts with respect to the use of the same; or to dispose of the same
in any manner it deems to the best advantage of the authority,
subject to the provisions of Code Section 12-3-425. No property
shall be acquired under the provisions of this part upon which any
lien or other encumbrance exists unless, at the time such property
is so acquired, a sufficient sum of money is deposited in trust to
pay and redeem the fair value of such lien or encumbrance. If the
authority shall deem it expedient to construct any project on any
lands, the title to which shall then be in the State of Georgia, the
Governor is authorized to convey, for and in behalf of the state,
title to such lands to the authority upon payment to the State of
Georgia for the credit of the general fund of the state the reason-
able value of such lands, such value to be determined by three
appraisers to be agreed upon by the Governor and the chairman of
the authority. If the authority shall deem it expedient to construct
any project on any lands, the title to which shall then be in Elbert
or Hart County or in any municipality incorporated in said
counties, the governing authority or body of any of said counties or
of any of said municipalities is authorized to convey title to such
lands to the authority upon payment for the credit of the general
funds of said counties or municipalities the reasonable value of
such lands, such value to be determined by three appraisers to be
agreed upon by the governing authority or body of said county or
municipality and the chairman of the authority;
(4) To appoint, select, and employ officers, agents, and
employees, including engineering, architectural, and construction
experts; fiscal agents; and attorneys, and fix their respective
compensations;
(5) To make contracts and leases and to execute all instru-
ments necessary or convenient, including contracts for construc-
tion of projects and leases of projects or contracts with respect to
the use of projects which it causes to be erected or acquired, and to
dispose by conveyance of its title in fee simple of real and personal
2096
GENERAL ACTS AND RESOLUTIONS, VOL. I
property of every kind and character, subject to the provisions of
Code Section 12-3-425. Any and all persons, firms and corpora-
tions, the state, and any and all political subdivisions, depart-
ments, institutions, or agencies of the state are authorized to enter
into contracts, leases, or agreements with the authority upon such
terms and for such purposes as they deem advisable; and, without
limiting the generality of the above, authority is specifically
granted to municipal corporations and counties and to the author-
ity to enter into contracts and lease and sublease agreements with
the State of Georgia or any agencies or departments thereof
relative to parks and recreational centers, areas, and facilities and
relative to any property, which such department or other agency
or department of the State of Georgia has now or may hereafter
obtain by lease from the United States government or any agency
or department thereof, and with the United States government or
any agency or department thereof. The authority is specifically
authorized to convey title, in fee simple, to any and all of its lands
and any improvements thereon to any persons, firms, corpora-
tions, municipalities, the State of Georgia, or the United States
government, or any agency or department thereof, subject to the
rights and interests of the holders of any of the bonds or obliga-
tions authorized to be issued hereunder, by the resolution or trust
indenture of the authority authorizing the issuance of any of its
bonds or obligations as provided in Code Section 12-3-416;
(6) To construct, erect, acquire, own, repair, remodel, main-
tain, add to, extend, improve, equip, operate, and manage projects
as hereinabove defined, the cost of any such project to be paid in
whole or in part from the proceeds of revenue bonds or other funds
of the authority or from such proceeds or other funds and any
grant from the United States of America or any agency or instru-
mentality thereof;
(7) To accept loans or grants of money or materials or
property of any kind from the United States of America or any
agency or instrumentality thereof upon such terms and conditions
as the United States of America or such agency or instrumentality
may impose;
(8) To accept loans or grants of money or materials or
property of any kind from the State of Georgia or any agency or
instrumentality or political subdivision thereof, upon such terms
and conditions as the State of Georgia or such agency or instru-
mentality or political subdivision may impose;
GEORGIA LAWS 1982 SESSION
2097
(9) To borrow money for any of its corporate purposes and
to execute evidences of such indebtedness and to secure the same,
to issue negotiable revenue bonds payable solely from funds
pledged for that purpose, and to provide for the payment of the
same and for the rights of the holders thereof; but in no event shall
revenue bonds be an obligation of Elbert or Hart County;
(10) 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;
(11) The authority and the trustee acting under the trust
indenture are specifically authorized from time to time to sell,
lease, grant, exchange, or otherwise dispose of any surplus prop-
erty, both real or personal, or interest therein not required in the
normal operation of and usable in the furtherance of the purpose
for which the authority was created, except as such right and
power may be limited as provided in Code Section 12-3-416;
(12) To borrow money for any of its corporate purposes from
any bank, banks, or other lending institutions for a period of time
not to exceed ten years and to execute evidences of such indebted-
ness and to secure the same;
(13) To serve as an agency in managing, developing, and
leasing property received or leased from the United States of
America; and
(14) To do all things necessary or convenient to carry out the
powers expressly given in this part.
12-3-404. (a) The authority, or any authority or body which
has succeeded or which may in the future succeed to the powers,
duties, and liabilities vested in the authority, shall have power and is
authorized at one time, or from time to time, to provide by resolution
for the issuance of negotiable revenue bonds for the purpose of paying
all or any part of the cost, as defined in this part, of any one project or
a combination of projects. The principal and interest of such revenue
bonds shall be payable solely from the special fund provided in Code
Section 12-3-415 for such payment. The bonds of each issue shall be
dated and shall mature at such times and bear interest at such rates as
may be determined by the authority, payable in such medium of
payment as to both principal and interest as may be determined by
2098
GENERAL ACTS AND RESOLUTIONS, VOL. I
the authority, and may be made redeemable before maturity, at the
option of the authority, at such price or prices and under such terms
and conditions as may be fixed by the authority in the resolution
providing for the issuance of the bonds.
(b) Such revenue bonds or obligations shall be issued pursuant
to and in conformity with Article 3 of Chapter 82 of Title 36; and all
procedures pertaining to such issuance and the conditions thereof
shall be the same as those contained in said Article 3 of Chapter 82 of
Title 36.
12-3-405. The authority shall determine the form of the bonds,
including any interest coupons to be attached thereto, and shall fix
the denomination or denominations of the bonds and the place or
places of payment of principal and interest thereof which may be at
any bank or trust company within or without the state. The bonds
may be issued in coupon or registered form, or both, as the authority
may determine; and provision may be made for the registration of any
coupon bond as to principal alone and also as to both the principal
and interest.
12-3-406. All such bonds shall be signed by the chairman of the
authority and attested by the secretary and treasurer of the authority,
the official seal of the authority shall be affixed thereto, and any
coupons attached thereto shall bear the facsimile signatures of the
chairman and secretary and treasurer of the authority. Any coupon
may bear the facsimile signatures of such persons; and any bond may
be signed, sealed, and attested on behalf of the authority by such
persons as, at the actual time of the execution of such bonds, shall be
duly authorized or hold the proper office, although at the date of such
bonds such persons may not have been so authorized or shall not have
held such office. In case any officer whose signature shall appear on
any bonds or whose facsimile signature shall appear on any coupon
shall cease to be such officer before delivery of such bonds, such
signature shall nevertheless be valid and sufficient for all purposes as
if he had remained in office until such delivery.
12-3-407. All revenue bonds issued under this part shall have
and are declared to have all the qualities and incidents of negotiable
instruments under the laws of this state. Such bonds are declared to
be issued for an essential public and governmental purpose, and the
said bonds and the income thereof shall be exempt from all taxation
within the state.
GEORGIA LAWS 1982 SESSION
2099
12-3-408. The authority may sell such bonds in such manner and
for such price as it may determine to be in the best interest of the
authority, and the proceeds derived from the sale of such bonds shall
be used solely for the purpose provided in the proceedings authorizing
the issuance of such bonds.
12-3-409. 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 exchange-
able for definitive bonds upon the issuance of the latter.
12-3-410. The authority may also provide for the replacement of
any bond or any coupons which shall become mutilated or be
destroyed or lost.
12-3-411. Such revenue bonds may be issued without any other
proceedings or the happening of any other conditions or things than
those proceedings, conditions, and things which are specified or
required by this part. Any resolution providing for the issuance of
revenue bonds under the provisions of this part 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.
12-3-412. Revenue bonds issued under the provisions of this part
shall not be deemed to constitute a debt of Elbert County or Hart
County nor a pledge of the faith and credit of any of said counties; but
such bonds shall be payable solely from the fund provided for in Code
Section 12-3-415. The issuance of such revenue bonds shall not
directly, indirectly, or contingently obligate any of said counties to
levy or to pledge any form of taxation whatever therefor or to make
any appropriation for their payment. All such bonds shall contain
recitals on their face covering substantially the foregoing provisions
of this Code section.
12-3-413. In the discretion of the authority, any issue of such
revenue bonds may be secured by a trust indenture by and between
the authority and a corporate trustee which may be any trust com-
pany or bank having the powers of a trust company within or outside
of the state. Such trust indenture may pledge or assign fees, rents,
tolls, revenues, and earnings to be received by the authority, including
the proceeds derived from the sale from time to time of any surplus
property of the authority, both real and personal. Either the resolu-
2100
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion providing for the issuance of revenue bonds or such trust
indenture may contain such provisions for protecting and enforcing
the rights and remedies of the bondholders as may be reasonable and
proper and not in violation of law, including covenants setting forth
the duties of the authority in relation to the acquisition of property;
the construction of the project; the maintenance, operation, repair,
and insurance of the project; and the custody, safeguarding, and
application of all moneys, including the proceeds derived from the
sale of property of the authority, both real and personal; and may also
provide that any project shall be constructed and paid for under the
supervision and approval of consulting engineers or architects
employed or designated by the authority; and may also contain
provisions concerning the conditions, if any, upon which additional
revenue bonds may be issued. It shall be lawful for any bank or trust
company incorporated under the laws of this state to act as such
depository and to furnish such indemnifying bonds or pledge such
securities as may be required by the authority. Such indenture may
set forth the rights and remedies of the bondholders and of the
trustee and may restrict the individual right of action of bondholders
as is customary in trust indentures securing bonds and debentures of
corporations. In addition to the foregoing, such trust indenture may
contain such other provisions as the authority may deem reasonable
and proper for the security of the bondholders. All expenses incurred
in carrying out such trust indenture may be treated as a part of the
cost of maintenance, operation, and repair of the project affected by
such indenture.
12-3-414. The authority shall, in the resolution providing for the
issuance of revenue bonds or in the trust indenture, provide for the
payment of the proceeds of the sale of the bonds to any officer or
person who or any agency, bank, or trust company which shall act as
trustee of such funds and shall hold and apply the same to the
purposes hereof, subject to such regulations as this part and such
resolution or trust indenture may provide.
12-3-415. The revenues, rents, fees, tolls, and earnings derived
from any particular project or projects, regardless of whether or not
such fees, earnings, and revenues were produced by a particular
project for which bonds have been issued, and any moneys derived
from the sale of any properties, both real and personal, of the
authority, unless otherwise pledged and allocated, may be pledged
and allocated by the authority to the payment of the principal and
interest on revenue bonds of the authority as the resolution authoriz-
GEORGIA LAWS 1982 SESSION
2101
mg the issuance of the bonds or in the trust instrument may provide.
Such funds so pledged, from whatever source received, which said
pledge may include funds received from one or more or all sources,
shall be set aside at regular intervals as may be provided in the
resolution or trust indenture into a sinking fund, which said sinking
fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest
shall fall due;
(2) The principal of the bonds as the same shall fall due;
(3) Any premium upon bonds acquired by the redemption,
payment, or otherwise;
(4) The necessary charges of the paying agent or agents for
paying principal and interest; and
(5) Any investment fees or charges.
The use and disposition of such sinking fund shall be subject to
such regulations as may be provided in the resolution authorizing the
issuance of the revenue bonds or in the trust indenture; but, except as
may otherwise be provided in such resolution or trust indenture, such
sinking fund shall be maintained as a trust account for the benefit of
all revenue bonds without distinction or priority of one over another.
Subject to the provisions of the resolution authorizing the issuance of
the bonds or in the trust indenture, any surplus moneys in the sinking
fund may be applied to the purchase or redemption of bonds; and any
such bonds so purchased or redeemed shall forthwith be canceled and
shall not be reissued, printed, and delivered.
12-3-416. Except to the extent the rights given in this Code
section may be restricted by resolution passed before the issuance of
bonds or by a trust indenture, any holder of revenue bonds or interest
coupons issued under this part, any receiver for such holders, or any
indenture trustee, if any, may either at law or in equity, by action,
mandamus, or other proceedings, protect and enforce any and all
rights under the laws of the State of Georgia or granted by this part or
under such resolution or trust indenture. Such holder, receiver, or
trustee may enforce and compel performance of all duties required by
this part, or by resolution or trust indenture, to be performed by the
authority or any officer thereof, including the fixing, charging, and
2102
GENERAL ACTS AND RESOLUTIONS, VOL. I
collecting of revenues, rents, and other charges for the use of the
project or projects. In the event of default of the authority upon the
principal and interest obligations of any revenue bond issue, such
holder, receiver, or trustee shall be subrogated to each and every
right, specifically including the contract rights of collecting rental,
which the authority may possess against the state or any department,
agency, or institution of the state and, in the pursuit of his or its
remedies as subrogee, may proceed either at law or in equity, by
action, mandamus, or other proceedings, to collect any sums by such
proceedings due and owing to the authority and pledged or partially
pledged directly or indirectly to the benefit of the revenue bond issue
of which such holder, receiver, or trustee is representative. No holder,
receiver, or trustee shall have the right to compel any exercise of the
taxing power of the state to pay any such bond or the interest thereon,
or to enforce the payment thereof against any property of the state,
nor shall any such bond constitute a charge, lien, or encumbrance,
legal or equitable, upon the property of the state.
12-3-417. The authority is authorized to provide by resolution
for the issuance of bonds of the authority for tbe purpose of funding
or refunding any revenue bonds issued under the provisions of this
part and then outstanding, together with accrued interest thereon
and premium, if any. The issuance of such funding or refunding
bonds, the maturities and all other details thereof, the rights of the
holders thereof, and the duties of the authority in respect to the same
shall be governed by the foregoing provisions of this part insofar as
the same may be applicable.
12-3-418. Any action to protect or enforce any rights under the
provisions of this part or any action against such authority shall be
brought in the Superior Court of Elbert County or Hart County; and
any action pertaining to validation of any bonds issued under the
provisions of this part shall likewise be brought in one of said courts
which shall have exclusive, original jurisdiction of such actions.
12-3-419. Bonds of the authority shall be confirmed and vali-
dated in accordance with the procedure of Article 3 of Chapter 82 of
Title 36. The petition for validation shall also make party defendant
to such action the State of Georgia or any municipality, county,
authority, political subdivision, or instrumentality of the State of
Georgia or the United States government or any department or
agency of the United States government, if subject to having such
action brought against it and if consenting to same, which has
GEORGIA LAWS 1982 SESSION
2103
contracted with the authority for the services and facilities of the
project for which bonds are to be issued and sought to be validated;
and the state or such municipality, county, authority, political subdi-
vision, or instrumentality shall be required to show cause, if any, why
such contract or contracts and the terms and conditions thereof
should not be inquired into by the court and the validity of the terms
thereof be determined and the contract or contracts adjudicated as a
part of the basis of the security for the payment of any such bonds of
the authority. The bonds, when validated, and the judgment of
validation shall be final and conclusive with respect to such bonds
and the security for the payment thereof and interest thereon and
against the authority issuing the same, the state and any municipal-
ity, county, authority, political subdivision, or instrumentality, if a
party to the validation proceedings, contracting with the said Upper
Savannah River Development Authority.
12-3-420. While any of the bonds issued by the authority remain
outstanding, the powers, duties, or existence of said authority or of its
officers, employees, or agents shall not be diminished or impaired in
any manner that will affect adversely the interest and rights of the
holders of such bonds; and no other entity, department, agency, or
authority will be created which will compete with the authority to
such an extent as to affect adversely the interest and rights of the
holders of such bonds; nor will the state itself so compete with the
authority. The provisions of this part shall be for the benefit of the
authority and the holders of any such bonds and. upon the issuance of
bonds under the provisions hereof, shall constitute a contract with the
holders of such bonds.
12-3-421. All moneys received pursuant to the authority of this
part, whether as proceeds from the sale of revenue bonds; as grants or
other contributions; or as revenues, income, fees, and earnings, shall
be deemed to be trust funds to be held and applied solely as provided
in this part.
12-3-422. Without limiting the generality of any provisions of
this part, the general purpose of the authority is declared to be that of
acquiring, constructing, equipping, maintaining, and operating boat
docks; piers; boat ramps; cabins; restaurants; motels; hotels; recrea-
tional centers and areas, including, but not limited to, playgrounds;
parks; hiking, camping, and picnicking areas; swimming and wading
pools; lakes; golf courses; tennis courts; athletic fields and courts;
clubhouses; gymnasiums; auditoriums; and related buildings; and the
2104
GENERAL ACTS AND RESOLUTIONS, VOL. I
usual and convenient facilities pertaining to such undertakings and
extensions and improvements of such facilities, acquiring parking
facilities and parking areas in connection therewith and acquiring the
necessary property therefor, both real and personal, and to lease or
sell any or all of such facilities, including real property, and to do any
and all things deemed by the authority to be necessary, convenient, or
desirable for an incident to the efficient and proper development and
operation of such types of undertakings.
12-3-423. The authority is authorized to prescribe and revise
from time to time rates, rents, fees, tolls, and charges, and to collect
such rates, rents, fees, tolls, and charges for the services, facilities, or
commodities furnished, including leases, concessions, or subleases of
its lands or facilities, and to determine the price and terms at and
under which its lands or facilities may be sold and, in anticipation of
the collection of the revenues and income of such undertakings or
projects, to issue revenue bonds as herein provided to finance in
whole or in part the cost of the acquisition, construction, reconstruc-
tion, improvement, equipment, betterment, or extension of its lands
and facilities and to pledge to the punctual payment of said bonds
and interest thereon all or any part of the revenues and income of
such undertakings or projects, including the revenues of improve-
ments, betterments, or extensions thereto thereafter made or the sale
of any of its lands and facilities.
12-3-424. It shall be the duty of the authority to prescribe rules
and regulations for the operation of the project or projects con-
structed under the provisions of this part, including the basis on
which recreational facilities shall be furnished.
12-3-425. (a) All meetings of the authority shall be opened to
the public at all times. Ample notice shall be given to all members of
the authority and to the public of any special or called meeting of the
authority. The minutes of all meetings and all actions taken by the
authority shall likewise be opened to public inspection.
(b) Each purchase made in behalf of the authority of personal
property or services in excess of $1,000.00 shall be accomplished
pursuant to competitive bids, after having published invitations to
bid in the official organs of Elbert and Hart counties prior to the
award of any contract. All bids shall be opened during meetings of the
authority, and the rejection or acceptance thereof shall be entered
upon the minutes of the authority.
GEORGIA LAWS 1982 SESSION
2105
(c) Any surplus or unserviceable property of the authority shall
be disposed of pursuant to competitive bids which shall be advertised
in the official organs of Elbert and Hart counties. All bids for the
disposal of such property shall be opened during public meetings of
the authority, and the acceptance or rejection thereof shall be entered
upon the minutes of the authority.
(d) At the conclusion of each fiscal year of the authority, the
affairs of the authority shall be audited by a certified public account-
ing firm. A synopsis of the audit shall be published in the official
organs of Elbert and Hart counties as soon as the report of the
auditors is submitted to the authority.
(e) All funds of the authority which are not required for the
normal operations of the authority shall be invested in interest-
bearing investments within 30 days of their receipt by the authority.
12-3-426. It is found, determined, and declared that the creation
of the authority and the carrying out of its corporate purposes are in
all respects for the benefit of the people of this state and constitute a
public purpose and that the authority will be performing an essential
governmental function in the exercise of the power conferred upon it
by this part. This state covenants with the holders of the bonds that
the authority shall be required to pay no taxes or assessments upon
any of the property acquired or leased by it or under its jurisdiction,
control, possession, or supervision, or upon its activities in the opera-
tion or maintenance of the buildings erected or acquired by it, or upon
any fees, rentals, or other charges for the use of such buildings, or
upon other income received by the authority. Further, this state
covenants that the bonds of the authority, their transfer, and the
income therefrom shall at all times be exempt from taxation within
the state. The exemption provided in this Code section shall not
include any exemption from sales and use tax on property purchased
by the authority or for use by the authority.
12-3-427. (a) Every member of the authority and every
employee of the authority who knowingly has any interest, direct or
indirect, in any contract to which the authority is or is about to
become a party, or in any other business of the authority, or in any
firm or corporation doing business with the authority, shall make full
disclosure of such interest to the authority. Failure to disclose such an
interest shall constitute cause for which an authority member may be
removed or an employee discharged or otherwise disciplined at the
discretion of the authority.
2106
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Provisions of Article 1 of Chapter 10 of Title 16, Code
Sections 16-10-21 and 16-10-22, and Code Sections 16-10-92 and 16-
10-93, regulating the conduct of officers, employees, and agents of
political subdivisions, municipal and other public corporations, and
other public organizations, shall be applicable to the conduct of
members, officers, employees, and agents of the authority.
(c) Any contract or transaction of the authority involving a
conflict of interest not disclosed under subsection (a) of this Code
section, or involving a violation of Article 1 of Chapter 10 of Title 16,
Code Sections 16-10-21 and 16-10-22, and Code Sections 16-10-92
and 16-10-93, or involving a violation of any other provision of law
regulating conflicts of interest which is applicable to the authority or
its members, officers, or employees shall be voidable by the author-
ity.
Part 3
Section 30. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 31. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 21,1982.
GEORGIA LAWS 1982 SESSION
2107
OFFICIAL CODE OF GEORGIA ANNOTATED
AMENDED.
No. 1516 (House Bill No. 1429).
AN ACT
To amend Title 8, relating to buildings and housing; to amend
Title 9, relating to civil practice; to amend Title 12, relating to
conservation and natural resources; to amend Title 15, relating to
courts; to amend Title 16, relating to crimes and offenses; to amend
Title 17, relating to criminal procedure; to amend Title 20, relating to
education; to amend Title 21, relating to elections; to amend Title 32,
relating to highways, bridges, and ferries; to amend Title 35, relating
to law enforcement officers and agencies; to amend Title 36, relating
to local governments; to amend Title 40, relating to motor vehicles
and traffic; to amend Title 41, relating to nuisances; to amend Title
44, relating to property; to amend Title 50, relating to state govern-
ment; to amend Title 51, relating to torts; and to amend Title 53,
relating to wills, trusts, and administration of estates, of the Official
Code of Georgia Annotated, so as to provide for and assist in statutory
and Code revision by modernizing, revising, and codifying certain
presently existing laws based upon classifications of population; to
provide legislative intent; to repeal specific laws based upon classifi-
cations of population; 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. (a) It is the intent of this Act to assist in the
current effort to initiate and revise the Official Code of Georgia
Annotated by modernizing, revising, and codifying a series of pres-
ently existing laws and repealing certain specific laws which have in
common the fact that they are based upon classifications of popula-
tion. After extensive review by the General Assembly, it is found and
declared that the comprehensive codification and repeal of these laws
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 law which has
been expressly or impliedly repealed prior to the effective date of this
Act.
2108
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) The adoption of this Act and the codification of existing laws
of the State of Georgia and repeal of corresponding, underlying laws
by this Act shall not affect any contract, cause of action, rule,
regulation, practice, procedure, proceeding, or right in existence on
the effective date of this Act. Any reference in any existing law,
contract, rule, regulation, pleading, or other document to any law
codified by this Act shall be deemed to refer to the appropriate
provision of the Official Code of Georgia Annotated as codified by
this Act.
Section 2. Title 8 of the Official Code of Georgia Annotated,
relating to buildings and housing, is amended by striking subsection
(a) of Code Section 8-3-50 and inserting in lieu thereof a new
subsection (a) to read as follows:
(a) (1) When the governing body of a city adopts a reso-
lution as provided in Code Section 8-3-5, it shall promptly notify
the mayor of such adoption. Upon receiving such notice, the
mayor shall appoint five persons as commissioners of the author-
ity created for such city. In the event the mayor fails or refuses to
submit appointments within 30 days after notice from the govern-
ing body of approval of a resolution of necessity or termination of
existing appointments, the governing body may appoint the com-
missioners of the authority created for said city.
(2) In any city with a population of 400,000 or more accord-
ing to the United States decennial census of 1970 or any future
such census in which the governing body has adopted a resolution
as provided in Code Section 8-3-5, the mayor shall appoint, in
addition to the other commissioners authorized under paragraph
(1) of this subsection, two commissioners to be known as resident
commissioners who shall be residents of a housing project in said
city. These resident commissioners shall be appointed for a term
of office of one year and shall have no vote. In the event any
person serving as a resident commissioner ceases to be a resident
of a housing project in said city, then such person shall cease to be
a resident commissioner and a vacancy shall result. Vacancies in
the office of resident commissioner shall be filled for the unex-
pired term by appointment by the mayor of said city.
(3) In any city having a population of not less than 120,000
or more than 160,000 according to the United States decennial
census of 1970 or any future such census in which the governing
GEORGIA LAWS 1982 SESSION
2109
body thereof has adopted a resolution as provided in Code Section
8-3-5, the mayor shall appoint two additional commissioners
pursuant to paragraph (1) of this subsection and two additional
commissioners to be known as resident commissioners. Each
resident commissioner shall be a resident of a housing project in
such city. The two additional regular commissioners and the two
resident commissioners shall be appointed for initial and subse-
quent terms of office of one year. The two additional regular
commissioners and the two resident commissioners shall be voting
members, and five commissioners shall constitute a quorum of
such authority for the purpose of conducting its business and
exercising its powers and for all other purposes. In the event any
person serving as a resident commissioner ceases to be a resident
of a housing project within such city, then such person shall cease
to be a resident commissioner and a vacancy shall result. Vacan-
cies in the office of resident commissioner shall be filled for the
unexpired term by appointment by the mayor of such city.
Section 3. Title 9 of the Official Code of Georgia Annotated,
relating to civil practice, is amended by inserting a new Code section
to follow Code Section 9-13-161, to be designated Code Section 9-13-
161.1, to read as follows:
9-13-161.1. (a) In any county of this state having a population
of 500,000 or more according to the United States decennial census of
1960 or any future such census, the chief judge of the superior court
shall be authorized and empowered to provide, by general order
published in the official newspaper of the county and also in two other
newspapers having general circulation in such county and entered
upon the minutes of the court, that all sales of personal property by
the sheriff of such county may be held at a place other than at the
courthouse where, in the opinion of the chief judge, the holding of
such sales before the courthouse door would create an undue traffic
hazard or unnecessarily endanger the person or property of persons
using the public streets.
(b) No such property shall be sold at a place different from that
shown in the advertisement of the sale.
(c) After the issuance of the first general order as provided in
subsection (a) of this Code section, the chief judge may from time to
time change the place of holding such sales by another general order
published as provided in subsection (a) of this Code section.
2110
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) This Code section shall be supplemental to other provisions
of law, with a view towards efficient and orderly handling of sheriffs
sales.
(e) Nothing in this Code section shall be construed to affect the
time, manner, or place of any sale not made by the sheriff but
required to be made at the same time, manner, or place as sheriffs
sales.
Section 4. Title 12 of the Official Code of Georgia Annotated,
relating to conservation and natural resources, is amended by adding
a new part at the end of Article 5 of Chapter 5 of Title 12, to be
designated Part 6, to read as follows:
Part 6
12-5-440. This part shall be known as and may be cited as the
Metropolitan River Protection Act.
12-5-441. As used in this part, the term:
(1) Area means a Standard Metropolitan Statistical Area
as defined by the United States Executive Office of the President,
Standard Metropolitan Statistical Area 1967, Part I Criteria,
Office of Management and Budget, subject to any changes made
by the Board of Community Affairs pursuant to authority con-
tained in Article 2 of Chapter 8 of Title 50, which is located wholly
within the State of Georgia and having a population of more than
1,000,000 according to the United States decennial census of 1970
or any future such census.
(2) Applicant means any person who requests the issuance
of a certificate under this part.
(3) Certificate means a building permit or other written
authorization issued under this part.
(4) Commission means the Metropolitan Area Planning
and Development Commission created for each such area pursu-
ant to the authority contained in Article 2 of Chapter 8 of Title 50.
(5) Flood plain means that area within the stream corridor
which is subject to being flooded with a probable frequency of at
GEORGIA LAWS 1982 SESSION
2111
least once every 50 years. The commission shall delineate the
flood plain and in doing so may utilize or adopt studies prepared
by the Corps of Engineers, United States Army, or such other
studies as the commission deems competent.
(6) Governing authority means the governing authority of
a political subdivision or, except for the purposes of paragraph (2)
of subsection (c) of Code Section 12-5-445, a committee of such
governing authority.
(7) Major stream means any stream or river, whether
navigable or nonnavigable, which flows through any area and
which is the source of at least 40 percent of the public water supply
of any such area.
(8) Person means any individual, partnership, corporation,
trust, entity, or authority and shall include the State of Georgia,
its political subdivisions, and all its departments, boards, bureaus,
commissions, or other agencies.
(9) Plan means the comprehensive plan prepared by the
commission pursuant to Code Section 12-5-443.
(10) Political subdivision means a county or a municipality
in which the section of the river corridor to be affected or any part
thereof is located.
(11) Stream corridor means all land in the area within 2,000
feet of the watercourse, except such land where, by decision of the
commission, the effect on water quality in the major stream and
the effect of flooding and erosion adjacent to the stream is not
sufficiently substantial to warrant the exercise of jurisdiction
under this part and where the commission elects to decline
jurisdiction.
(12) Watercourse means the natural banks of a major
stream in any area as defined by the low-water mark of such
stream and including the entire bed of such stream and all islands
therein, from the point where the stream enters the area down-
stream to a line perpendicular across the flow of such stream at the
point, within the area, which is the last downstream water supply
intake location for any political subdivision in the area.
2112
GENERAL ACTS AND RESOLUTIONS, VOL. I
12-5-442. (a) The General Assembly finds that adequate sup-
plies of clean drinking water constitute the lifeblood of the great
metropolitan areas of this state and are, therefore, essential to the
health, welfare, and economic progress of the state; that development
adjacent to major streams in certain metropolitan areas requires
special regulation to provide adequate protection for public water
supplies; that siltation and urban runoff threaten such water sup-
plies; that flood plain development unnecessarily exposes life and
property to loss by flooding while increasing flood risks for other
areas; that over-intensive development adjacent to major streams
increases the frequency and severity of such flooding; that it is in the
public interest to avoid future flood damage and possible loss of life,
to control erosion and pollution, and to protect the water quality of
major streams in certain metropolitan areas.
(b) The purpose of this part is to provide a flexible and practical
method whereby political subdivisions in certain metropolitan areas
may utilize the police power of the state consistently and in accord-
ance with a comprehensive plan to protect the public water supplies
of such political subdivisions and of the area and to prevent floods
and flood damage, to control erosion, siltation, and intensity of
development adjacent to major streams in such areas for such pur-
poses, and to provide for comprehensive planning for stream corri-
dors in such areas.
(c) The General Assembly finds that certain political subdivi-
sions in the included area have in force certain flood plain and
sediment control ordinances that afford adequate protection for the
aforementioned problems. Nothing in this part shall be construed so
as to make those local political subdivision ordinances less stringent
than they are now.
12-5-443. The commission shall, consistent with the purposes of
this part:
(1) Prepare and keep up to date a comprehensive, coordi-
nated land and water use plan for the stream corridor. The plan,
as prepared and approved by the commission, shall set land use
criteria for flood and flood damage prevention, erosion and
siltation control, water quality protection, and intensity of devel-
opment in the stream corridor. The plan, as adopted by the
commission, shall be transmitted to each political subdivision by
June 16, 1973. The commission may, after hearing, utilize or
GEORGIA LAWS 1982 SESSION
2113
adopt an existing plan or plans as the plan called for by this part.
The commission may from time to time revise the plan or portions
thereof, and any such revisions of the plan shall be transmitted
promptly after adoption. Prior to the adoption of the plan, or of
any substantial portion or any revision of the plan, the commis-
sion shall hold a public hearing on the proposed plan, or portion or
revision thereof, in each county in which any land affected by the
plan or, in the case of a portion or revision of the plan, in which any
land affected by such portion or revision lies. The commission
shall cause notice of the time and place of each such public hearing
to be published once a week for two weeks in one or more
newspapers of general circulation in each county in which land to
be affected lies. Any such land and water use plan shall be
prepared in consultation and with assistance of the county or city
governing authority where the land to be affected lies;
(2) Foster and undertake such studies of water and related
land resources problems in the stream corridor as are necessary in
the preparation or revision of the plan; and
(3) Make such rules and regulations as may be necessary to
implement the purposes of this part and to administer and
implement this part and all rules, regulations, and orders promul-
gated under this part.
12-5-444. (a) Pending adoption of the plan as to each political
subdivision, it shall be unlawful for any person to erect, maintain,
suffer, or permit any structure, dam, obstruction, deposit, clearing, or
excavation in or on the stream corridor which will adversely affect the
efficiency of or restrict the capacity of the watercourse or flood plain,
appreciably increase runoff or flood heights, adversely affect the
control, protection, allocation, or utilization of the water and related
land resources of the stream corridor, harmfully obstruct or alter the
natural flow of flood waters, or harmfully increase erosion, siltation,
or water pollution. In order to prevent undue hardship, the commis-
sion may, prior to the adoption of the plan as to any political
subdivision, issue a letter or written statement signed by the execu-
tive director ruling with respect to any proposed land or water use in
such political subdivision that none of the above-listed adverse
effects will occur as a result of the proposed use. Nothing in this
subsection shall apply to a political subdivision that, on June 30,
1973, has in effect a flood plain ordinance and a sediment control
ordinance.
2114
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) (1) After adoption of the plan or any portion thereof, it
shall be unlawful within those areas regulated by the plan or any
portion thereof for any person to erect, use, maintain, suffer, or
permit a structure, dam, obstruction, deposit, clearing, or excava-
tion in or on the stream corridor which will be incompatible or
inconsistent with the plan or any portion thereof. A proposed land
or water use shall be deemed to be not in compliance with the plan
unless and until the governing authority of the political subdivi-
sion authorizes the issuance of a certificate for the proposed use
after making a specific finding that such use is in compliance with
the plan or portion thereof, provided that such certificate shall not
become effective until reviewed or prereviewed by the commission
in accordance with Code Section 12-5-445 or Code Section 12-5-
446. In making the finding required by this subsection, the
governing authority shall follow the criteria set forth by the plan,
or portion thereof, for water quality protection, flood and flood
damage prevention, erosion, and siltation control, and intensity of
development.
(2) The governing authority shall, before issuing any certifi-
cate, require the applicant to furnish such detailed information on
the proposed land or water use as the governing authority shall
reasonably request. In each case the information which the gov-
erning authority shall require the applicant to furnish shall
include:
(A) The name of the owner of the land for which the
permit is sought;
(B) A description of such land;
(C) A grading plan showing all movement of earth
about, onto, or off of such land;
(D) A landscaping plan showing all trees and vegeta-
tion to be removed and to be replaced on such land and a time
schedule for accomplishing such removal and replacement;
and
(E) A detailed site plan showing the location of each
structure, the approximate dimensions of each structure, and
the location and approximate area of all impervious surfaces
to be placed on such land.
GEORGIA LAWS 1982 SESSION
2115
(3) All construction, damming, depositing, clearing, or exca-
vation shall be done strictly in accordance with the certificate
issued under this part. Any substantial change or modification of a
proposed land or water use for which a certificate has been issued
shall require a new certificate, which must be issued in accordance
with the requirements of this part.
(c) The governing authority shall hold a hearing before issuing
or denying any certificate under this Code section. The form and
procedure for such hearings shall be determined by the governing
authority involved, provided that all interested persons shall be
afforded adequate notice of such hearings and an opportunity to be
present and express their views. The information required under
paragraph (2) of subsection (b) of this Code section shall be filed in
final form and be available for public inspection prior to such hearing.
12-5-445. (a) Within ten days after issuing any certificate, the
governing authority shall transmit to the commission a copy of such
certificate, the governing authoritys findings thereon, and all sup-
porting information filed by the applicant.
(b) If, from the certificate, findings, and supporting data or from
its own investigation, the commission finds that there are inconsis-
tencies between the plan and the proposed land or water use
authorized by the certificate in such manner as to be consistent
with the plan. If the commission fails to recommend modification
of the certificate within 60 days from submission of such certificate
to the commission, the certificate shall become effective as issued.
(c) In any case where the commission has recommended modifi-
cation of a certificate, the governing authority may:
(1) Adopt such recommendation and incorporate it as a
condition of the certificate, in which case any land or water use
under the certificate must be strictly in accordance with the
recommendation so incorporated;
(2) Override such recommendation by affirmative vote of a
majority of the full membership of the governing body; or
(3) Request reconsideration of such recommendation by the
commission at a public hearing.
2116
GENERAL ACTS AND RESOLUTIONS, VOL. I
If the governing authority fails to take action under either para-
graph (1), (2), or (3) of this subsection within 45 days after the
submission of the recommendation of the commission to the govern-
ing authority, the certificate shall not become effective. Where a
public hearing is requested under this subsection, such public hearing
shall be held by the commission within 30 days after receipt of such
request. Notice stating the time and place of the public hearing shall
be mailed at least five days prior to the hearing to the governing
authority and to the applicant. The commission shall make its final
determination with respect to such recommendation within 30 days
after such public hearing. The request for a public hearing under this
subsection may be made by the applicant or by the governing
authority involved.
12-5-446. (a) In order to simplify procedures and avoid delays
in the utilization of land or water resources, the commission may
prereview any application for a certificate under this part upon
written request for such prereview made by the applicant with the
written consent of the governing authority of the political subdivision
involved, or upon the written request for prereview of an application
made by the governing authority of the political subdivision involved.
Each such request for prereview shall be accompanied by all of the
information required under paragraph (2) of subsection (b) of Code
Section 12-5-444, including all information currently required by the
governing authority of the political subdivision involved. The com-
mission may, after reviewing the application, make a finding that the
proposed land or water use as shown in the application submitted for
prereview is consistent with the plan or, if it finds that such land or
water use is inconsistent with the plan, recommend modification of
the proposed land or water use in such manner that such land or water
use will be consistent with the plan. The commission shall transmit
its findings or recommendations with respect to the application to the
political subdivision involved within 60 days from the date of submis-
sion of such request for prereview. Where a request for prereview is
made by an applicant, the commission may require payment by the
applicant of a reasonable fee, not to exceed $50.00 for each applica-
tion, to defray the administrative expenses of such prereview.
(b) Whenever an application for a certificate authorizing a pro-
posed land or water use has been prereviewed by the commission
under this Code section, a certificate authorizing such land or water
use shall become effective immediately upon issuance by the govern-
ing authority involved, without further review by the commission, if:
GEORGIA LAWS 1982 SESSION
2117
(1) Where the commission has found that the proposed land
or water use as shown by the application submitted to it for
prereview is consistent with the plan, the land or water use as
authorized by the certificate is substantially identical in all
respects; or
(2) Where the commission has recommended modification
of a proposed land or water use in such manner that such land or
water use will be consistent with the plan, the certificate authoriz -
ing the land or water use incorporates every such modification.
Otherwise the certificate must be reviewed by the commission in
accordance with Code Section 12-5-445.
(c) When prereviewing an application for a certificate under this
part, the commission is authorized and encouraged to consult with
the governing authority of the political subdivision involved, the
planning or zoning departments of such political subdivision, and
other interested persons with regard to the application. Nothing in
this part shall preclude any person who is or may be an applicant for a
certificate under this part, but who does not desire to use the formal
prereview procedure provided by this Code section, from consulting
informally with the commission or the staff of the commission with
respect to a proposed land or water use in the stream corridor; and the
commission is authorized and encouraged to advise and assist every
such applicant and potential applicant with respect to compliance
with the plan to the fullest extent possible consistent with its limita-
tions of budget and staff.
12-5-447. Every certificate issued by a governing authority and
every recommendation or certificate of the commission shall comply
with the following minimum standards:
(1) No land or water use shall be permitted in the flood
plain; and
(2) No land or water use shall be permitted within 150
horizontal feet of the watercourse unless the proposed use is not
harmful to the water and land resources of the stream corridor,
will not significantly impede the natural flow of flood waters, and
will not result in significant land erosion, stream bank erosion,
siltation, or water pollution.
2118
GENERAL ACTS AND RESOLUTIONS, VOL. I
12-5-448. Any person aggrieved by any final determination of
the commission or a governing authority under this part may take an
appeal to the superior court of the county in which all or part of the
land affected lies. The appeal shall be filed within 30 days from the
date of the decision of the governing authority or committee of such
governing authority. Upon failure to file an appeal within 30 days,
the decision of the governing authority or committee of such govern-
ing authority shall be final. The appeal shall be heard by the judge of
the superior court without a jury, unless one of the parties files a
written demand for a jury trial within 30 days from the filing of the
appeal.
12-5-449. The requirements of this part are in addition to and do
not supersede other requirements of law including the zoning and
building regulations of the political subdivision involved.
12-5-450. Any county in this state which is contiguous to an area
and which would have land in a stream corridor if such county were in
an area may, with the consent of the particular commission, elect to
come under this part by resolution adopted by its governing author-
ity. Where a county has elected to come under this part as provided in
this Code section, any municipality in that county which has any
territory in the stream corridor may, with the consent of the commis-
sion, elect to come under this part by resolution adopted by its
governing authority.
12-5-451. This part shall not apply to the following uses:
(1) Any land or water use for agriculture or animal hus-
bandry;
(2) Ordinary maintenance and landscaping operations; or
(3) Any land or water use or project which, on March 16,
1973, is approved, pending, or is completed, actually under con-
struction, or which is zoned for such use and where expenditures
in excess of $2,500.00 have been made in preparation for construc-
tion in accordance with such zoning; provided, however, that the
construction of the project is actually commenced within 36
months of March 16,1973; otherwise, a certificate for the project
must be obtained pursuant to this part.
GEORGIA LAWS 1982 SESSION
2119
12-5-452. (a) Every structure, dam, obstruction, deposit, exca-
vation, or clearing erected, used, or maintained in violation of this
part shall be a public nuisance; and the creation and maintenance
thereof may be enjoined and abated upon an action being filed by the
commission, any political subdivision affected, or any person.
(b) Any person who willfully and wantonly violates this part or
any rule or regulation of the commission may be fined not more than
$1,000.00 for each offense. Each day on which such violation exists is
a separate offense.
12-5-453. The superior court of the county in which the land or
any part thereof lies shall have jurisdiction to restrain a violation of
this part upon an action being filed by the commission, political
subdivision affected, or any person. In the event the land lies in more
than one county, jurisdiction shall be in the superior court of any
county in which the land lies.
12-5-454. Notwithstanding any other provisions of this part to
the contrary, nothing contained in this part shall be construed so as to
prohibit any person, firm, or corporation from removing sand from
any water course without restriction when such removal is accom-
plished in such a manner that no greater effluent is returned to the
water course than that removed therefrom and no erosion along the
banks of the water course occurs.
12-5-455. The plan, every proposed version thereof, every revi-
sion thereof, and every application for a certificate under this part
shall constitute public documents and shall be freely available for
inspection by any person.
Section 5. Title 15 of the Official Code of Georgia Annotated,
relating to courts, is amended by striking paragraph (11) of Code
Section 15-6-61 and inserting in lieu thereof a new paragraph (11) to
read as follows:
(11) To make a notation on all conveyances or liens of the day
they were left to be recorded and of the day they were recorded, to be
signed officially, which notation shall be evidence of the facts stated.
In counties having a population of more than 150,000 persons accord-
ing to the United States decennial census of 1950 or any future such
census, the notation may be made by the clerk or his deputy by
written signature or by facsimile signature of the clerk.
2120
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 6. Said Title is further amended by striking Code
Section 15-6-64 and inserting in lieu thereof a new Code Section 15-6-
64 to read as follows:
15-6-64. After the clerk of the superior court of any 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 future
such census files for record any warranty deed, mortgage, or other
instrument evidencing title to any real property, it shall be his duty,
as soon as possible, to notify the purchaser of the real property or the
person who presented the instrument for recording, in writing by
United States mail, that the purchaser of the real property should
contact the county tax receiver or tax commissioner to determine if
the real property qualifies for a homestead exemption and to obtain
further instructions from his tax receiver or tax commissioner relative
to returning the real property for taxation and making application for
homestead exemption. The notification may be accomplished by
sending a notice to the purchaser or other person who presented the
instrument for recording, at the time the instrument is returned to
the purchaser or other person, in substantially the following form:
NOTICE
If the purchaser resides on the real property which is the
subject of the enclosed instrument filed for record, the purchaser
may be entitled to either a $2,000.00 or $4,000.00 homestead
exemption. The purchaser should apply for the homestead exemp-
tion at the office of the county tax commissioner or tax receiver.
Section 7. Said Title is further amended by inserting two new
Code sections to follow Code Section 15-6-77, to be designated Code
Sections 15-6-77.1 and 15-6-77.2, to read as follows:
15-6-77.1. (a) This Code section shall apply to all counties of
this state having a population of 550,000 or more according to the
United States decennial census of 1970 or any future such census.
(b) In addition to the fees specified by subsection (b) of Code
Section 15-6-77, the clerk of superior court of counties described in
subsection (a) of this Code section shall be entitled to charge and
collect the following additional fees for official duties performed by
him in civil cases:
GEORGIA LAWS 1982 SESSION
2121
(1) Filing and docket actions, complaints, or
motions.....................$ 1.00
(2) Entering verdict or judgment on minutes.. 1.00
(3) Filing all motions subsequent to any complaint
in any case...................1.00
(4) Issuing writ of fieri facias............1.00
(5) Entering writ of fieri facias on general execu-
tion docket.....................50
(6) Recording maps or plats.................1.00
(7) Registering and filing trade names pursuant to
subsection (b) of Code Section 10-1-
490......................... 4.00
(8) Recording proceedings in all cases of habeas
corpus, per page................50
(c) In addition to the fees specified by subsections (e) and (f) of
Code Section 15-6-77, the clerk of superior court of counties described
in subsection (a) of this Code section shall be entitled to charge and
collect the following additional fees for official duties performed by
him in criminal cases:
(1) Service in entering and docketing bills of in-
dictment, presentment, no bills,
accusations, indictment or accu-
sation record............... $ 4.50
(2) Entering any record on minutes, fee not other-
wise specified, per page........................1.50
(d) All fees charged and collected by the clerks of superior courts
in counties described in subsection (a) of this Code section shall be
paid into the county treasury.
15-6-77.2. (a) This Code section shall apply to all counties 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.
2122
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) For purposes of this Code section, the term domestic civil
cases means:
(1) Divorce cases;
(2) Alimony cases;
(3) Annulment cases;
(4) Separate maintenance cases; or
(5) A modification of decree in any of the matters specified
in paragraphs (1) through (4) of this subsection.
(c) In all counties specified in subsection (a) of this Code section,
the total costs for all services rendered by the clerk of superior court
in domestic civil cases through judgment or dismissal shall be $40.00,
plus $8.00 for each party other than the original plaintiff and defend-
ant.
(d) In all civil cases other than those specified in subsection (c)
of this Code section and those in which there is no adversary party
against whom costs may be taxed, the total cost for all services
rendered by the clerk of superior court through judgment or dismissal
shall be $55.00, plus $8.00 for each party or intervenor other than one
defendant and the original plaintiffs.
(e) The sums specified by subsections (c) and (d) of this Code
section shall be paid to the clerk of superior court at the time of the
filing of the original complaint except such sums as shall be due by
reason of the addition of parties, which sums shall be paid to the clerk
at the time such parties are added or a motion to add parties is filed,
whichever event occurs first.
(f) The sums specified in subsections (c) and (d) of this Code
section shall be in lieu of all other costs for the clerk in the civil cases
specified in such subsections, but nothing in this Code section shall be
construed so as to prohibit the collection of any other costs authorized
by law for postjudgment proceedings or for any other services which
the clerk or the sheriff shall perform. Nothing in this Code section
shall be construed to affect in any way the power and authority of the
superior courts of counties described in subsection (a) of this Code
section from taxing costs in accordance with law, but no costs
GEORGIA LAWS 1982 SESSION
2123
collected under this Code section shall be refunded by the clerk unless
and until the same have been paid to the clerk by the losing party.
(g) All sums charged and collected by the clerks of superior court
pursuant to this Code section shall be paid into the county treasury.
Section 7.1. Said title is further amended by adding a new
subsection (c) to Code Section 15-6-86, relating to the location of
places for the storage of records to read as follows:
(c) (1) This subsection shall apply to any county in this state
having a population of 550,000 or more according to the United
States decennial census of 1980 or any future such census.
(2) Notwithstanding subsection (a) and (b) of this Code
section, in the event space at the courthouse or other place where
the office of the clerk of the superior court is located is inadequate
to insure the safe storage of records, said clerk, after obtaining
written permission from the governing authority of the county and
of the superior court judge of the circuit in which the county is
located or the senior judge in those circuits having more than one
judge, may cause said records to be stored at some other place in
the county not more than 25 miles from the courthouse. The clerk
shall give public notice of the place of such storage by posting
notice at the courthouse.
Section 8. Said Title is further amended by adding a new Code
section following Code Section 15-8-5, to be designated Code Section
15-8-6, to read as follows:
15-8-6. Any judge of any city court or like court may, when
authorized to do so by the governing authorities of any city having a
population of more than 350,000 according to the United States
decennial census of 1950 or any future such census, preside in the
municipal court, by whatever name called, of such city. When so
presiding, such judge shall have full power and authority in all
matters pending in the court, including the trial of all offenses against
the ordinances of the city.
Section 9. Said Title is further amended by striking Code
Section 15-9-10 and inserting in lieu thereof a new Code Section 15-9-
10 to read as follows:
2124
GENERAL ACTS AND RESOLUTIONS, VOL. I
15-9-10. (a) Until a vacancy in the office of judge of the
probate court is filled, the chief judge of the city, state, or county
court, as the case may be, shall serve as the judge and shall be vested
with all the powers of the judge. If there is no such chief judge or if for
some reason the chief judge cannot serve as judge, the clerk of the
superior court of the county shall serve as judge and shall be vested
with all the powers of the judge. In the event that the clerk of the
superior court, for some reason, cannot serve as judge, the chief judge
of the superior court of the county shall appoint a person to serve as
judge; such person shall be vested with all the powers of the judge.
The board of county commissioners or, in those counties which have
no commissioners, the chief judge of the superior court shall fix the
compensation of the person who serves as judge until the vacancy is
filled. The compensation shall be paid from the general funds of the
county. The fees collected during such period of time shall be paid
into the general funds of the county.
(b) Notwithstanding subsection (a) of this Code section or other
laws to the contrary, in the event the office of judge of the probate
court becomes vacant in any county of this state having a population
of not less than 200,000 nor more than 250,000 according to the
United States decennial census of 1970 or any future such census, the
vacancy shall be filled by majority vote of the superior court judges of
the judicial circuit in which the county lies. The person appointed to
fill the vacancy shall serve until the next succeeding general election,
at which election a successor shall be elected to serve for the remain-
der of the unexpired term or for a full term, as the case may be. A
person appointed to fill a vacancy in the office of judge of the probate
court of any county described in this subsection shall receive the same
compensation that the judge of the probate court was receiving at the
time the office became vacant.
Section 10. Said Title is further amended by striking Code
Section 15-9-33 and inserting in lieu thereof a new Code Section 15-9-
33 to read as follows:
15-9-33. (a) The several judges of the probate courts are
authorized to administer oaths in all cases where the authority is not
specially delegated to some other officer and to receive the same fees
therefor as are allowed justices of the peace.
(b) The judge of the probate court in any county of this state
having a population of 550,000 or more according to the United States
GEORGIA LAWS 1982 SESSION
2125
decennial census of 1970 or any future such census shall have the
power and authority to administer the oath of office to any officer or
official of such county or any municipality located within such county
and to each judicial officer of the state whose jurisdiction extends to
such county.
Section 11. Said Title is further amended by adding a new Code
section following Code Section 15-10-33, to be designated Code
Section 15-10-33.1, to read as follows:
15-10-33.1. In all counties of this state having a population of
500,000 or more according to the United States decennial census of
1960 or any future such census, any judge emeritus of any court
established in such counties in lieu of justice courts and the office of
justice of the peace pursuant to Article VI, Section VII, Paragraph I of
the Constitution of this state shall be provided with office space and
secretarial assistance as may be determined by the county governing
authority upon the request of the judge emeritus. It shall be the duty
of the county governing authority to carry out and make effective this
Code section.
Section 12. Said Title is further amended by adding a new Code
section following Code Section 15-12-10, to be designated Code
Section 15-12-11, to read as follows:
15-12-11. (a) In all counties having a population of 500,000 or
more according to the United States decennial census of 1960 or any
future such census, the judges of the superior court of such counties,
by a majority vote of all of them, shall have the power to appoint a
jury clerk and such other personnel as may be deemed necessary or
advisable to dispatch the work of the court. The appointments to
such positions and the compensation therefor shall be determined by
the judges without regard to any other system or rules, such personnel
to serve at the pleasure of the judges. The salaries and expenses of the
personnel and any attendant expense of administration of the courts
are determined to be contingent expense of court and shall be paid as
provided by law for the payment of contingent expenses. The duties
of the personnel shall be as prescribed by the judges.
(b) All prospective jurors in counties described in subsection (a)
of this Code section shall be required to answer questionnaires, as
may be determined and submitted by the judges of such counties,
concerning their qualifications as jurors.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) In the event any prospective juror fails or refuses to answer
the questionnaire, the jury clerk shall report the failure or refusal to
the court together with the facts concerning the same, and the court
shall have such jurisdiction as is provided by law for subpoena,
attachment, and contempt powers.
(d) This Code section shall be supplemental to other provisions
of law, with a view toward efficient and orderly handling of jury
selection and the administration of justice.
Section 13. Said Title is further amended by adding a new Code
section following Code Section 15-12-82, to be designated Code
Section 15-12-83, to read as follows:
15-12-83. (a) This Code section shall apply to all counties of
this state which according to the United States decennial census of
1970 or any future such census have a population of:
(1) Not less than 18,900 nor more than 19,300; or
(2) 150,000 or more.
(b) In any county of this state referred to in subsection (a) of this
Code section, a stenographer is authorized to be present and in
attendance upon the grand jury while any witness is being examined
by the grand jury. Before attending the grand jury, the stenographer
shall take the following oath:
I do solemnly swear that I will keep secret all things and
matters coming to my knowledge while in attendance upon the
grand jury, so help me God.
(c) The district attorney of the circuit in which the county is
located shall appoint the stenographer and fix the compensation
therefor, such compensation to be paid by the county.
(d) The stenographer is authorized to take and transcribe the
testimony or any part of the testimony of any witness who testifies
before the grand jury and to furnish the transcript of testimony to the
grand jury or the district attorney. The stenographer shall be
incompetent to testify at any hearing or trial concerning any matter
or thing coming to the knowledge of the stenographer while in
attendance upon the grand jury.
GEORGIA LAWS 1982 SESSION
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(e) In any county of this state having a population of 200,000 or
more according to the United States decennial census of 1970 or any
future such census, a recording device may be used in lieu of the
stenographer provided for in subsection (a) of this Code section. Any
person transcribing testimony from such recording shall be incompe-
tent to testify at any hearing or trial concerning any matter or thing
coming to the knowledge of the person from the recordings.
Section 14. Said Title is further amended by adding a new
subsection following subsection (b) of Code Section 15-16-10, to be
designated subsection (c), to read as follows:
(c) In all counties of this state 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 future such census, it shall be the duty
of the sheriffs of such counties to receive, confine, feed, and care for
all persons charged with the violation of any ordinances of such
counties in the same manner as persons charged with an indictable
offense, whether such person charged with the violation of an ordi-
nance is being held pending a hearing before the recorders courts of
such counties or has been sentenced by the recorders courts to
imprisonment in the county jail.
Section 15. Title 16 of the Official Code of Georgia Annotated,
relating to crimes and offenses, is amended by adding a new subsec-
tion at the end of Code Section 16-10-6, to be designated subsection
(c), to read as follows:
(c) Notwithstanding subparagraph (b)(2)(A) of this Code sec-
tion, paragraph (1) of subsection (b) of this Code section shall not
apply to sales of personal property of less than $1,000.00 per calendar
quarter made by an employee of a municipality having a population
of not less than 4,133 nor more than 4,140 according to the United
States decennial census of 1970 or any future such census either for
himself or in behalf of any business entity.
Section 16. Title 17 of the Official Code of Georgia Annotated,
relating to criminal procedure, is amended by striking Code Section
17-6-112 and inserting in lieu thereof a new Code Section 17-6-112 to
read as follows:
17-6-112. (a) Actual violence, a threat of violence, or any
other act intended and calculated to excite alarm or to provoke a
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GENERAL ACTS AND RESOLUTIONS, VOL. I
breach of the peace shall be a violation of the bond posted pursuant to
Code Section 17-6-110. For every such act, the party at whose
instance the bond was required shall have a right of action.
(b) In counties having a population of not less than 200,000 nor
more than 250,000 according to the United States decennial census of
1950 or any future such census in which there is located a municipal
court, upon oral or written complaint by the injured party, the court
may in its discretion issue a rule for contempt against the offending
defendant. Upon hearing the rule, if the court finds that there has
been a violation of the bond, the court may, in addition to the remedy
provided in subsection (a) of this Code section, impose a sentence for
contempt of court. If it should appear to the court from the evidence
and the court finds that the breach of the peace was provoked or
brought about by the conduct of the prosecuting witness, the witness
may be ruled for contempt of court and sentenced as provided by
law.
Section 17. Title 20 of the Official Code of Georgia Annotated,
relating to education, is amended by adding a new subsection, to be
designated subsection (d), at the end of Code Section 20-2-51 to read
as follows:
(d) 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 taking office after December 1,1975,
shall not hold any other elective governmental office. If any member
of any such county board should qualify at any time after December 1,
1975, for nomination or election to any other elective governmental
office other than for membership on such county board, his position
on such county board shall thereby become vacant. Such vacancy
shall be filled as provided by the law applicable to any such county
board.
Section 18. Said Title is further amended by striking Code
Section 20-2-57 and inserting in lieu thereof a new Code Section 20-2-
57 to read as follows:
20-2-57. Upon being called together by some one of their
number, after their election, the members of the county board shall
organize by selecting one of their number as chairman, who shall serve
as such during the term for which he was chosen as a member of the
GEORGIA LAWS 1982 SESSION
2129
county board. The county school superintendent shall act as secretary
of the county board, ex officio. A majority of the county board shall
constitute a quorum for the transaction of business. It shall be the
duty of the superintendent as secretary to be present at the meetings
of the county board, to keep the minutes of its meetings and make a
permanent record of them, and to do any other clerical work it may
direct him to do. He shall record in a book, to be provided for the
purpose, all official proceedings of the county board, which shall be a
public record open to the inspection of any person interested therein;
and all such proceedings, when so recorded, shall be signed by the
chairman and countersigned by the secretary. Provided, however,
that in all counties of this state having a population of not less than
75,200 nor more than 77,000 according to the United States decennial
census of 1960 or any future such census, the chairman of the board of
education for such county shall be elected as provided for in this Code
section, but shall serve for such term as shall be fixed by the board by
appropriate resolution adopted by the board, which may be amended
from time to time by the board.
Section 19. Said Title is further amended by adding a new Code
section following Code Section 20-2-372, to be designated Code
Section 20-2-373, to read as follows:
20-2-373. Nothing contained in this article shall apply to a
municipal or independent school system of a municipality having a
population of 200,000 or more according to the United States decen-
nial census of 1920 or any future such census.
Section 20. Said Title is further amended by striking Code
Section 20-2-522 and inserting in lieu thereof a new Code Section 20-
2-522 to read as follows:
20-2-522. Condemnation proceedings by the boards and systems
referred to in Code Section 20-2-521 shall take the form provided in
Chapter 1 of Title 22 and Article 1 of Chapter 2 of Title 22 or the form
provided in Article 3 of Chapter 2 of Title 22, provided that county
boards of education in counties of this state having a population
(including the population of any independent school district located
in such county) of more than 500,000 according to the United States
decennial census of 1950 or any future such census may use the form
provided in Article 2 of Chapter 2 of Title 22.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 21. Title 21 of the Official Code of Georgia Annotated,
relating to elections, is amended by adding a new subsection, to be
designated subsection (c), at the end of Code Section 21-2-213, 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 22. Said Title is further amended by striking subsection
(b) of Code Section 21-2-231 and inserting in lieu thereof a new
subsection (b) to read as follows:
(b) Within 60 days after January 1, beginning in the year 1965,
and biennially thereafter, the registrars shall revise and correct the
registration records in the following manner. They shall examine the
registration cards and shall suspend the registration of all electors
who have not voted in at least one general or special election or
primary, or municipal general or special election or primary if the
county is furnishing the electors list to a municipality, within the
three years immediately preceding such January 1. On or before
March 1 of such year they shall mail notice by first-class mail to each
elector, at his last known address, stating substantially as follows:
You are 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 before April 1 of the current year you
continue your registration by applying in writing to the board of
registrars.
Effective April 1, 1965, and biennially thereafter, the registrars
shall cancel the registration of all electors thus notified who have not
applied for continuance, and the names of all such electors shall be
wholly removed from the list of electors prior to May 1 of that 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 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
GEORGIA LAWS 1982 SESSION
2131
any future such census, the board of registrations and elections shall
affix sufficient postage to such return card so as to ensure proper
delivery to the board.
Section 23. Said Title is further amended by striking Code
Section 21-2-233 and inserting in lieu thereof a new Code Section 21-
2-233 to read as follows:
21-2-233. The registrars, not later than the voter registration
deadline for the November election in each even-numbered year,
shall begin the work of perfecting a true and correct list of the electors
of their county for use in such election. They shall place on such list
only those persons they have found to be prima facie qualified to vote
and those persons whom they shall subsequently find to be prima
facie qualified to vote. In preparing such list, they shall examine the
lists of disqualified persons furnished them and, if any applicants or
electors name is found thereon, they shall not place his name on the
electors list. If the information comes to them after the preparation
and filing of the list, they shall call upon him to show cause why it
should not be removed from the list. They shall also indicate on such
list the names of those electors who are eligible to receive assistance in
voting and who have notified the registrars of such eligibility. The
registrars shall proceed with their work of perfecting such list of
electors and shall complete the same as soon as practicable but in no
event later than five days prior to the November election. 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. Such electors shall there-
after be subject to this article in the same manner as other electors of
such county.
Section 24. Said Title is further amended by striking
subsection (b) of Code Section 21-2-490 and inserting in lieu thereof a
new subsection (b) to read as follows:
(b) The chairman of the county board of registrars shall cause
his office to remain open during the entire duration of each primary
and election, and after the close of the polls, until completion of the
duties of said board. The provisions of this subsection shall not apply
with respect to such offices in counties of this state having a popula-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
tion of 550,000 or more according to the United States decennial
census of 1970 or any future such census.
Section 25. Said Title is further amended by striking subsection
(d) of Code Section 21-3-125 and inserting in lieu thereof a new
subsection (d) to read as follows:
(d) The governing authority of any municipality may by char-
ter, ordinance, or resolution elect either to maintain its own registra-
tion or to provide for the city to use the county registration list,
stating that any person who is a resident of the municipality and who
is registered as an elector with the board of registrars of the county
shall be eligible to vote in a municipal primary or election. If the
municipality elects to maintain its own registration list, the munici-
pality shall use the form of the registration card and the questions to
be propounded to an applicant as prescribed in Code Section 21-2-
217. The qualifications of a person seeking to vote in a municipal
primary or election shall be determined by this chapter and the
Constitution of Georgia. Provided, however, municipalities which are
the county seats of counties having populations of not less than 32,500
and not more than 34,100 according to the United States decennial
census of 1970 or any future such census shall not be authorized to
maintain their own registration lists but shall use the registration list
of the county and such county shall be required to furnish such list to
the municipality. Provided, further, that any such counties shall be
required to furnish a list of the registered voters residing within such
municipalities to the governing authorities of the municipalities no
later than seven days before any election or primary covered by this
chapter is to be held in such municipalities.
Section 26. Said Title is further amended by striking subsection
(b) of Code Section 21-3-133, which reads as follows:
(b) Voters disqualified by reason of paragraph (1) of subsection
(a) of this Code section shall be given notice by first-class mail within
ten days after removal of their names and shall be given 20 days from
removal date to request in writing a continuance of their registration.
The registrar shall remove those who do not so apply within the time
allotted.,
in its entirety and inserting in lieu thereof a new subsection (b) to
read as follows:
GEORGIA LAWS 1982 SESSION
2133
(b) Voters disqualified by reason of paragraph (1) of subsection
(a) of this Code section shall be given notice by first class mail at their
last known address within ten days after removal of their names, 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 continu-
ance 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 20 days from removal date to request in writing a
continuance of their registration. The registrars shall remove those
who do not so apply within the time allotted. 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 ensure proper delivery
to the board of registrars.
Section 27. Said Title is further amended by adding a new
subsection, to be designated subsection (c), at the end of Code Section
21-3-134, 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. Such electors shall thereafter
be subject to this article in the same manner as other electors of each
such municipality.
Section 28. Title 32 of the Official Code of Georgia Annotated,
relating to highways, bridges, and ferries, is amended by adding a new
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GENERAL ACTS AND RESOLUTIONS, VOL. I
paragraph at the end of Code Section 32-4-42, to be designated
paragraph (11), to read as follows:
(11) In all counties 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, the county governing authority shall be
empowered by ordinance or resolution to assess against any property
the cost of reopening, repairing, or cleaning up from any public way,
street, road, right of way, or highway any debris, dirt, sediment, soil,
trash, building materials, and other physical materials originating on
such property as a result of any private construction activity carried
on by any developer, contractor, subcontractor, or owner of such
property. Any assessment authorized under this paragraph, the
interest thereon, and the expense of collection shall be a lien against
the property so assessed co-equal with the lien of other taxes and shall
be enforced in the same manner as are state and county ad valorem
property taxes by issuance of a fi. fa. and levy and sale as set forth in
Title 48 of the Official Code of Georgia Annotated, known as the
Georgia Public Revenue Code.
Section 29. Title 35 of the Official Code of Georgia Annotated,
relating to law enforcement officers and agencies, is amended by
adding a new Code section following Code Section 35-8-18, to be
designated Code Section 35-8-19, to read as follows:
35-8-19. In each city of this state adjacent to the State of Georgia
boundary line and having a population of not less than 4,255 and not
more than 4,300 according to the United States decennial census of
1970 or any future such census, the sheriff, mayor, or other person
authorized to appoint peace officers may appoint as special deputy,
special constable, marshal, policeman, or other peace officer, a person
who is not a citizen of Georgia but who is a citizen of an adjoining
state, provided such appointed person is otherwise qualified to serve
as a peace officer.
Section 30. Title 36 of the Official Code of Georgia Annotated,
relating to local government, is amended by striking Code Section 36-
1-9 and inserting in lieu thereof a new Code Section 36-1-9 to read as
follows:
36-1-9. (a) Any county official, officer, or employee who is
charged with the responsibility of collecting, receiving, or disbursing
any fees, fines, forfeitures, costs, commissions, allowances, penalties,
GEORGIA LAWS 1982 SESSION
2135
funds, or moneys, or any other emolument or perquisite for any other
county official, officer, or employee who has been placed upon a salary
payable from county funds in lieu of receiving such compensation,
when provision has been made by law for such compensation to
become the property of and payable to the county, may pay said funds
directly into the county treasury upon their receipt.
(b) In all counties with populations of not less than 23,000 and
not more than 25,300 according to the United States decennial census
of 1970 or any future such census, any county official, officer, or
employee who deposits county funds with any bank or trust company
shall only deposit such funds in an account which is in the official
name of the official, officer, or employee and which name clearly
indicates that the funds in the account are county funds and are for
official county use only. Each such account shall be audited with the
regular county audit.
Section 31. Said title is further amended by adding a new Code
section following Code Section 36-1-18, to be designated Code Section
36-1-19, to read as follows:
36-1-19. (a) In all counties of this state having a population of
more than 550,000 according to the United States decennial census of
1970 or any future such census, the governing authorities of such
counties are authorized to provide by ordinance for the appropriation
of money for and the making of grants or contributions to any
corporation, association, institution, or individual for purely charita-
ble purposes, provided that the activities funded by any such grants
or contributions shall take place within the county making such grant
or contribution.
(b) In connection with the appropriation of money for or the
making of any grant or contribution for purely charitable purposes,
the governing authority of any county within this state may establish
such boards or councils as it may determine to establish the proce-
dures by which such grants or contributions are made and to advise
the governing authorities of such counties generally with respect to
such grants or contributions.
Section 32. Said title is further amended by adding a new Code
section following Code Section 36-6-16, to be designated Code Section
36-6-16.1, to read as follows:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
36-6-16.1. (a) It shall be lawful in all counties of this state
having a population of 500,000 or more according to the United States
decennial census of 1960 or any future such census for any county
officer and any officer of any court, including the superior court in
such counties, having in his possession and custody any funds,
including trust funds, held for the benefit of any third person or
litigant or for any purpose or subject to the order of any court or other
tribunal to deposit such funds for safekeeping in the treasury of the
county and to accept therefor the receipt of the treasurer or other
fiscal officer of such county.
(b) The original custodian of such fund before making any
deposit may require the treasurer or other fiscal officer to execute in
his favor a special bond in an amount not less than the aggregate of all
funds so deposited and held by the treasurer or other fiscal officer,
which bond with security approved by the superior court of such
county shall be conditioned to repay or disburse all of such funds
under proper legal authority. In lieu of other security on such bond,
the treasurer or other fiscal officer may deposit in a safe place a bond
of the United States Treasury in an amount not less than the
aggregate of all deposits secured by such bond.
(c) The treasurer of any county or other fiscal officer charged
with the custody of county funds may decline to accept funds from
any officer or officer of the court for deposit and safekeeping when in
the judgment of such treasurer or other fiscal officer the conditions
imposed are burdensome or would cause hardship or financial loss.
(d) Any officer or officer of the court who deposits funds in his
custody in the treasury of the county of such officer or officer of the
court shall be relieved of personal responsibility for the safekeeping of
such funds as may be entrusted to the treasury of the county under
this Code section.
(e) This Code section shall not be interpreted to prevent or delay
the direct payment into the county treasury of all funds belonging to
such county and collected by or held by an officer or officer of the
court, but all of same shall be deposited immediately in the county
treasury without the requirement of any special bond.
Section 33. Said title is further amended by striking Code
Section 36-9-3 and inserting in lieu thereof a new Code Section 36-9-3
to read as follows:
GEORGIA LAWS 1982 SESSION
2137
36-9-3. (a) Prior to the sale or disposition of any real property
belonging to any county of this state, notice of the contemplated sale
or disposition of the property shall be published in the official organ
of the county once a week for four weeks. After such publication, the
property shall be sold at public auction to the highest bidder for cash
in front of the courthouse on the first Tuesday of the month following
such publication in the same manner in which sheriffs sales are held.
This Code section shall not apply to redemption of property held by
any county under a tax deed, the granting of easements, rights of way,
the sale, conveyance, or transfer of road rights of way, and the sale,
transfer, or conveyance to any other body politic. This Code section
shall not apply to any option to sell or dispose of any real property
belonging to any county of this state, if that option was granted by
said county prior to March 17,1959. This Code section shall not apply
to the sale of any real property belonging to any county in this state
where the proper governing authority of the county advertised the
property for ten consecutive days in the newspaper in which the
sheriffs advertisements for the county are published, and where the
sale was awarded thereafter to the highest and best bidder, in
accordance with the terms of the advertisement, and an option given
in accordance with the sale for the purchaser who had deposited a
part of the purchase price to pay the balance within 365 days from the
date of the execution of the option, where the sale was awarded and
the option granted prior to May 1,1961. This Code section shall not
apply to the exchange of real property belonging to any county in this
state for other real property where the property so acquired by
exchange shall be of equal or greater value than the property previ-
ously belonging to the county; provided, however, that within six
weeks preceding the closing of any such proposed exchange of real
property, a notice of the proposed exchange of real property shall be
published in the official organ of the county once a week for four
weeks. The value of both the property belonging to the county and
that to be acquired through the exchange shall be determined by
appraisals and the value so determined shall be approved by the
proper authorities of said county.
(b) In any county of the state having a population of 550,000 or
more according to the United States decennial census of 1980 or any
future such census, where the governing authority thereof has estab-
lished or constituted an advisory commission, board, or authority to
study and make recommendations for the future development, use,
and sale of county-owned property, the governing authority of such
county shall have the right, with the advice and approval of such
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GENERAL ACTS AND RESOLUTIONS, VOL. I
commission, board, or authority, to negotiate and consummate a
private sale of any county-owned property, notwithstanding the
provisions of subsection (a) of this Code section. Where there is no
commission, board, or authority established in such county for the
particular class or type of property, the governing authority of such
county shall nevertheless have the right to negotiate a private sale of
any county-owned property with the advice and approval of the grand
jury.
(c) In any county of this state having a population of not less
than 168,000 and not more than 180,000 according to the United
States decennial census of 1970 or any future such census, where the
governing authority thereof has approved and recommended the sale
or disposal of county-owned real property, the governing authority of
such county shall have the right to negotiate and consummate a
private sale of any county-owned property, notwithstanding the
provisions of subsection (a) of this Code section, provided the advice
and approval of such private sale by the judge of the probate court or
the judge of the superior court of any such county is obtained. Notice
of application for such sale by private sale shall be published once a
week for two weeks in the newspaper in which legal advertisements of
the county are published before approval of such sale shall be
granted. Such approval may be given at any time after such publi-
cation.
Section 34. Said title is further amended by adding two new
subsections at the end of Code Section 36-12-5, to be designated
subsections (c) and (d), to read as follows:
(c) Notwithstanding any other provision of law, the governing
authority or the fiscal agent of any and all counties of this state
having a population of not less than 150,300 nor more than 165,000
according to the United States decennial census of 1970 or any future
such census is authorized to pay to the person, corporation, or legal
entity designated by the governing authority to handle the dead body
of any pauper or indigent, a sum not to exceed $350.00 per body
handled upon approval of an itemized bill or statement furnished to
the governing authority showing that such services have been ren-
dered. The body shall be interred at a location directed by the
governing authority. Such services shall be rendered in accordance
with appropriate standards for the handling of such matters. The
funds paid shall be paid from the general funds of the county.
GEORGIA LAWS 1982 SESSION
2139
(d) In all counties of this state having a population of not less
than 19,500 nor more than 19,800 according to the United States
decennial census of 1970 or any future such census, the sum to be
made available by the county for a paupers burial shall be not less
than $75.00 and not more then $375.00. The exact amount shall be
determined by the governing authority of such counties, and such
amount shall be reduced in an amount equal to any funds paid from
other sources for the interment of the pauper.
Section 35. Said title is further amended by adding a new Code
section following Code Section 36-13-5, to be designated Code Section
36-13-5.1, to read as follows:
36-13-5.1. In all counties of this state having a population of
550,000 or more according to the United State decennial census of
1970 or any future such census, any employee who is authorized to
enforce any county code, ordinance, regulation, rule, or other order,
including such related ordinances, codes, and regulations as drainage
regulations, soil erosion and sedimentation control regulations, subdi-
vision and zoning regulations, water and sewer regulations, and any
other land development or construction regulations of such counties,
shall have the authority to issue citations to any person who shall
violate any such county code, ordinance, regulation, or order which
shall be in effect in such counties. Such citations shall command the
appearance of such person at a designated regular session of a court in
such county having the jurisdiction of a commitment court through-
out the entire county. At such time and place such court shall act as a
court of inquiry with all the powers and authorities as specified in
Code Section 17-8-5. In the event that any such person shall fail to
appear in response to a citation, a warrant shall be issued for the
arrest of such person for violation of such county code, ordinance,
regulation, rule, or order without the necessity of any further action.
Section 36. Said title is further amended by striking Code
Section 36-30-3 and inserting in lieu thereof a new Code Section 36-
30-3 to read as follows:
36-30-3. (a) One council may not, by an ordinance, bind itself
or its successors so as to prevent free legislation in matters of
municipal government.
(b) The governing authorities of municipal corporations having
a population of not less than 100,000 and not more than 135,000
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GENERAL ACTS AND RESOLUTIONS, VOL. I
according to the United States decennial census of 1970 or any future
such census may on behalf of such municipal corporations enter into
contracts with respect to the ownership, maintenance, construction,
or reconstruction of street overpasses and underpasses of railroad
properties which shall be binding upon such authorities and succes-
sors. Contracts executed by the governing authorities of such munici-
pal corporations prior to December 31, 1977, with respect to the
ownership, maintenance, construction, or reconstruction of street
overpasses and underpasses of railroad properties are ratified and
confirmed.
Section 37. Said title is further amended by adding a new Code
section following Code Section 36-34-5.1, to be designated Code
Section 36-34-5.2, to read as follows:
36-34-5.2. Notwithstanding any provision of law to the con-
trary, any municipal corporation of this state having a population of
more than 300,000 according to the United States decennial census of
1970 or any future such census is authorized, in the discretion of its
governing authority, to enter into valid and binding leases and
contracts with private persons, firms, associations, or corporations for
any period of time not to exceed 50 years to provide for the operation
and maintenance of botanical gardens on municipal property.
Section 38. Said title is further amended by adding a new Code
section preceding Code Section 36-34-6, to be designated Code Sec-
tion 36-34-5.3, to read as follows:
36-34-5.3. Notwithstanding any provision of law to the con-
trary, any municipal corporation of this state having a population of
more than 300,000 according to the United States decennial census of
1970 or any future such census is authorized, in the discretion of its
governing authority, to enter into valid and binding leases and
contracts with private persons, firms, associations, or corporations for
any period of time not to exceed 50 years to provide for the operation
and maintenance of public zoos on municipal property.
Section 39. Said title is further amended by adding a new article
at the end of Chapter 36, to be designated Article 4, to read as follows:
GEORGIA LAWS 1982 SESSION
2141
Article 4
36-36-70. (a) The government of no municipality of this state
may annex to the existing corporate limits of such municipality any
unincorporated area in which water, sewerage, police protection, fire
protection, and garbage or refuse collection is furnished or is to be
furnished by the county in which such unincorporated area is sit-
uated, or where the county has included such unincorporated area in
a comprehensive zoning plan of the county, without first obtaining
the approval of the governing authority of the county in which such
unincorporated area is situated. Such approval must be obtained by
an official act of the governing authority of the county and must be
duly recorded upon the minutes of such body. The owner of any real
property situated in such county shall have the right to enjoin any
municipality which has not obtained the required approval of the
governing authority of the county from exercising any municipal
powers, functions, or duties over the unincorporated area improperly
sought to be annexed to the existing corporate limits by an action for
injunction filed in the superior court of the county in which the
territory proposed for annexation is situated.
(b) The provisions of this Code section shall apply only to those
counties of this state having a population of not less than 350,000 and
not more than 500,000 according to the United States decennial
census of 1970 or any future such census.
Section 40. Said title is further amended by adding a new Code
section following Code Section 36-37-6, to be designated Code Section
36-37-6.1, to read as follows:
36-37-6.1. (a) This Code section shall be applicable to incor-
porated municipalities of the State of Georgia having a population of
more than 300,000 according to the United States decennial census of
1960 or any future such census.
(b) All such municipalities shall have authority to sell, exchange,
or otherwise dispose of any real or personal property comprising
parks, playgrounds, golf courses, swimming pools, or other like prop-
erty used primarily for recreational purposes, provided that nothing
in this Code section shall have the effect of authorizing alienation
where such would be in derogation of rights, duties, and obligations
imposed by prior deed, contract, or like document of similar import or
where such alienation would cause divesting of title to a park,
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GENERAL ACTS AND RESOLUTIONS, VOL. I
playground, golf course, swimming pool, or other like property that
had been dedicated to public use and not subsequently abandoned.
(c) All such municipalities shall have authority to lease out and
grant easements over property used primarily for recreational pur-
poses to others consistent with general park and recreational pur-
poses for a period not exceeding 50 years and for a valuable consider-
ation. Any such recreational property which was formerly used for
annual regional fair purposes but is no longer so used may be leased
by any such municipality to one or more private entities for terms of
not more than 50 years each for development and use as motion
picture and television production, processing, and related facilities
together with all such support and service facilities as are necessary or
convenient to such use.
Section 41. Said title is further amended by adding a new Code
section preceding Code Section 36-37-7, to be designated Code Sec-
tion 36-37-6.2, to read as follows:
36-37-6.2. (a) As used in this Code section, the term govern-
ing body means the mayor and city council, the commissioner and
commissioners, or either or both as the case may be, or the governing
body by whatever name called of any city coming under this Code
section.
(b) Any city in this state having a population of 200,000 or more
according to the United States decennial census of 1920 or any future
such census may, through its governing body, purchase on time or
partly for cash, with the balance on time or deferred payments, or
otherwise acquire any real property or interest in real property within
or without the limits of such city, securing the note or claim for
deferred payments and interest thereon with mortgages or deed of
trust on the land purchased or with or by means of an instrument in
writing retaining title thereto in the vendor, or enter into any other
contractual arrangement whereby provision is made that such note,
claim, or other instruments for deferred payment and interest
thereon, and all lawful charges, shall not be a charge or charges
against the general credit of the city, or be a general liability thereof,
but that the liability shall only extend to and be a charge against the
land so purchased or acquired. Such method of acquisition provided
for in this Code section shall not be considered or deemed exclusive
but shall be cumulative and in addition to all other methods of
acquisition of lands or interests therein for public purposes provided
heretofore, hereafter, or by other provisions of this Code section.
GEORGIA LAWS 1982 SESSION
2143
Section 42. Said title is further amended by adding a new Code
section following Code Section 36-60-9, to be designated Code Section
36-60-10, to read as follows:
36-60-10. (a) Representatives of the governing authority of
any county in this state which contains the smaller portion of the
population of a city with a total population of 400,000 or more
according to the United States decennial census of 1970 or any future
such census shall meet annually, prior to January 1, with representa-
tives of the governing authority of such city to develop an agreement
between the governing authorities on the following matters:
(1) The services to be provided during the following calen-
dar year by the county and by the city to the portion of the city
that lies within the county; and
(2) The method of dispatching services during the following
calendar year to the portion of the city that lies within the county.
Agreement on this matter shall provide a uniform procedure for
dispatching services and shall include an agreement as to all street
addresses in such portion of the city.
(b) Any agreements developed pursuant to subsection (a) of this
Code section shall be in writing.
(c) The first annual meeting required by this Code section shall
be held prior to January 1,1977.
Section 43. Said title is further amended by adding two new
subsections at the end of Code Section 36-82-1, to be designated
subsections (d) and (e), to read as follows:
(d) In all counties of this state having a population of not less
than 400,000 and not more than 525,000 according to the United
States decennial census of 1960 or any future such census, every legal
advertisement of a bond election shall contain a reference that any
brochures, listings, or other advertisements issued by the governing
body of such counties or by any other person, firm, corporation, or
association with the knowledge and consent of the governing body of
such counties shall be deemed to be a statement of intention of the
governing body of such counties concerning the use of the bond funds;
and such statement of intention shall be binding on the governing
body of such counties in the expenditure of any such bond funds or
2144
GENERAL ACTS AND RESOLUTIONS, VOL. I
interest received from such bond funds which have been invested,
unless the governing body of 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 of
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 of 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.
(e) Any person who violates this Code section shall be guilty of a
misdemeanor, provided, however, nothing contained in this Code
section shall be construed so that a violation thereof shall affect the
validity of any bonds issued under this Code section.
Section 44. Title 40 of the Official Code of Georgia Annotated,
relating to motor vehicles and traffic, is amended by striking subsec-
tion (b) of Code Section 40-13-21 and inserting in lieu thereof a new
subsection (b) to read as follows:
(b) The probate court shall have jurisdiction to issue warrants,
try cases, and impose sentence thereon in all misdemeanor cases
arising under the traffic laws of the state in all counties of this state in
which there is no city, county, or state court, provided the defendant
waives a jury trial. The clerk of the superior court in counties with a
population of not less than 9,380 nor more than 9,450 according to the
United States decennial census of 1970 or any future such census shall
attend the probate court in all cases held for the violation of the
traffic laws of this state. The clerk shall record all pleas and
GEORGIA LAWS 1982 SESSION
2145
judgments and shall receive the same fees as provided for in the
superior court. Said fees shall be paid out of the cost assessed by the
judge of the probate court in such cases. Like jurisdiction is conferred
upon the police courts in incorporated cities, and the judges thereof,
for such offenses arising within the territorial limits of their respec-
tive jurisdictions, as now or hereafter fixed by law.
Section 45. Title 41 of the Official Code of Georgia Annotated,
relating to nuisances, is amended by adding Code Sections 41-2-7
through 41-2-17 at the end of Chapter 2, to read as follows:
41-2-7. (a) It is found and declared that in municipalities of
this state having a population exceeding 400,000 there is the existence
or occupancy of dwellings or other buildings or structures which are
unfit for human habitation, commercial, industrial, or business occu-
pancy or use and are inimical to the welfare and are dangerous and
injurious to the health, safety, and morals of the people of this state;
and that a public necessity exists for the repair, closing, or demolition
of such dwellings, buildings, or structures. Whenever the governing
authority of any municipality of this state with a population exceed-
ing 400,000 finds that there exists in such municipality dwellings,
buildings, or structures which are unfit for human habitation, com-
mercial, industrial, or business uses due to dilapidation and defects
increasing the hazards of fire, accidents, or other calamities; lack of
adequate ventilation, light, or sanitary facilities; or due to other
conditions rendering such dwellings, buildings, or structures unsafe
or unsanitary, or dangerous or detrimental to the health, safety, or
morals, or otherwise inimical to the welfare of the residents of such
municipality, power is conferred upon such municipality to exercise
its police power to repair, close, or demolish the aforesaid dwellings,
buildings, or structures in the manner herein provided.
(b) All the provisions of Code Sections 41-2-7 through 41-2-17
including method and procedure may also be applied to private
property where an accumulation of weeds, trash, junk, filth, etc., shall
create a public health hazard or a general nuisance to those persons
residing in the vicinity. A finding by any governmental health
department that such property is a health hazard shall constitute
prima facie evidence that said property is in violation of Code
Sections 41-2-7 through 41-2-17.
41-2-8. As used in Code Sections 41-2-7 through 41-2-17, the
term:
2146
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Dwellings, buildings, or structures means any building
or structure or part thereof used and occupied for human habita-
tion, commercial, industrial, or business uses, or intended to be so
used, and includes any outhouses and appurtenances belonging
thereto or usually enjoyed therewith and also includes any build-
ing or structure of any design.
(2) Governing body means the council, board of commis-
sioners, board of aldermen, or other legislative body charged with
governing a municipality.
(3) Municipality means any incorporated city with a popu-
lation exceeding 400,000 according to the United States decennial
census of 1970 or any future such census.
(4) Owner means the holder of the title in fee simple and
every mortgagee of record.
(5) Parties in interest means persons in possession of said
property and all individuals, associations, and corporations who
have interest of record in the county where the property is located
in a dwelling, building, or structure, including executors, adminis-
trators, guardians, and trustees.
(6) Public authority means any housing authority or any
officer who is in charge of any department or branch of the
government of the municipality, county, or state relating to
health, fire, or building regulations or to other activities concern-
ing dwellings, buildings, or structures in the municipality.
(7) Public officer means the officer or officers who are
authorized by Code Sections 41-2-7 through 41-2-17 and by ordi-
nances adopted hereunder to exercise the powers prescribed by
such ordinances or any agent of such officer or officers.
41-2-9. Upon the adoption of an ordinance finding that dwelling,
building, or structure conditions of the character described in Code
Section 41-2-7 exist within a municipality, the governing body of such
municipality is authorized to adopt ordinances relating to the dwell-
ings, buildings, or structures within such municipality which are unfit
for human habitation, commercial, industrial, or business uses. Such
ordinances shall include the following provisions:
GEORGIA LAWS 1982 SESSION
2147
(1) That a public officer be designated or appointed to
exercise the powers prescribed by the ordinances;
(2) That whenever a request is filed with the public officer
by a public authority or by at least five residents of the municipal-
ity charging that any dwelling, building, or structure is unfit for
human habitation or for commercial, industrial, or business use or
whenever it appears to the public officer (on his own motion) that
any dwelling, building, or structure is unfit for human habitation
or is unfit for its current commercial, industrial, or business use,
the public officer shall, if his preliminary investigation discloses a
basis for such charges, issue and cause to be served upon the owner
of and any parties in interest in such dwelling, building, or
structure a complaint stating the charges in that respect and
containing a notice that a hearing will be held before the public
officer (or his designated agent) at a place within the county in
which the property is located therein, fixed not less than ten days
nor more than 30 days after the serving of said complaint; that the
owner and any parties in interest shall be given the right to file an
answer to the complaint and to appear in person, or otherwise, and
give testimony at the place and time fixed in the complaint; and
that the rules of evidence prevailing in courts of law or equity shall
not be controlling in hearings before the public officer;
(3) That if, after such notice and hearing, the public officer
determines that the dwelling, building, or structure under consid-
eration is unfit for human habitation or is unfit for its current
commercial, industrial, or business use, he shall state in writing his
findings of fact in support of such determination and shall issue
and cause to be served upon the owner thereof an order:
(A) If the repair, alteration, or improvement of the said
dwelling, building, or structure can be made at a reasonable
cost in relation to the value of the dwelling, building, or
structure, requiring the owner or parties in interest, within
the time specified in the order, to repair, alter, or improve
such dwelling, building, or structure so as to render it fit for
human habitation or for current commercial, industrial, or
business use or to vacate and close the dwelling, building, or
structure as a human habitation; or
(B) If the repair, alteration, or improvement of the said
dwelling, building, or structure cannot be made at a reason-
2148
GENERAL ACTS AND RESOLUTIONS, VOL. I
able cost in relation to the value of the dwelling, building, or
structure, requiring the owner or parties in interest, within
the time specified in the order, to remove or demolish such
dwelling, building, or structure.
In no event shall the governing authority of any such municipality
require removal or demolition of any dwelling, building, or struc-
ture except upon a finding that the cost of repair, alteration, or
improvement thereof exceeds one-half the value such dwelling,
building, or structure will have when repaired to satisfy the
minimum requirements of this law.
(4) That, if the owner or parties in interest fail to comply
with an order to vacate and close or demolish the dwelling,
building, or structure, the public officer may cause such dwelling,
building, or structure to be repaired, altered, or improved or to be
vacated and closed or demolished; and that the public officer may
cause to be posted on the main entrance of any building, dwelling,
or structure so closed a placard with the following words:
This building is unfit for human habitation or commer-
cial, industrial, or business use; the use of occupation of this
building for human habitation or for commercial, industrial,
or business use is prohibited and unlawful.
(5) That, if the owner fails to comply with any order to
remove or demolish the dwelling, building, or structure, the public
officer may cause such dwelling, building, or structure to be
removed or demolished; provided, however, that the duties of the
public officer, set forth in paragraph (4) and this paragraph, shall
not be exercised until the governing body shall have by ordinance
ordered the public officer to proceed to effectuate the purpose of
Code Sections 41-2-7 through 41-2-17 with respect to the particu-
lar property or properties which the public officer shall have found
to be unfit for human habitation or unfit for its current commer-
cial, industrial, or business use, which property or properties shall
be described in the ordinance;
(6) That the amount of the cost of such vacating and closing
or removal or demolition by the public officer shall be a lien
against the real property upon which such cost was incurred. Said
lien shall attach to the real property upon the payment of all costs
of demolition by the municipality and the filing of an itemized
GEORGIA LAWS 1982 SESSION
2149
statement of the total sum of said costs by the public officer in the
office of the clerk of the governing body of the municipality on a
lien docket maintained by said clerk for such purposes. If the
dwelling, building, or structure is removed or demolished by the
public officer he shall sell the materials of such dwellings, build-
ings, or structures and shall credit the proceeds of such sale
against the cost of the removal or demolition and any balance
remaining shall be deposited in the superior court by the public
officer, shall be secured in such manner as may be directed by such
court, and shall be disbursed by such court to the persons found to
be entitled thereto by final order or decree of such court. Nothing
in this Code section shall be construed to impair or limit in any
way the power of the municipality to define and declare nuisances
and to cause their removal or abatement by summary proceedings
or otherwise;
(7) Municipal corporations may enforce the collection of
any amount due on such lien for removal or demolition of dwell-
ings, buildings, or structures only in the following manner:
(A) The owner or parties at interest shall be allowed to
satisfy the amount due on such lien by paying to the munici-
pal corporation, within 30 days after the perfection of said
lien, a sum of money equal to 25 percent of the total amount
due and by further paying to said municipal corporation the
remaining balance due on such lien, together with interest at
the rate of 7 percent per annum, in three equal annual
payments, each of which shall become due and payable on the
anniversary date of the initial payment made as hereinabove
prescribed;
(B) Should the property upon which such lien is per-
fected be sold, transferred, or conveyed by the owner or
parties at interest at any time prior to the termination of the
said three-year period, then the entire balance due on such
lien shall be due and payable to the municipal corporation;
and
(C) Should the amount due on such lien, or any portion
thereof, be unpaid after the passage of said three-year period,
or upon the occurrence of the contingency provided for in
subparagraph (B) above, the municipal corporation may
enforce the collection of any amount due on such lien for
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GENERAL ACTS AND RESOLUTIONS, VOL. I
alteration, repair, removal, or demolition of dwellings, build-
ings, or structures in the same manner as provided in Code
Section 48-5-358 and other applicable state statutes. This
procedure shall be subject to the right of redemption by any
person having any right, title, or interest in or lien upon said
property, all as provided by Article 3 of Chapter 4 of Title 48.
41-2-10. An ordinance adopted by a municipality under Code
Sections 41-2-7 through 41-2-17 shall provide that the public officer
may determine, under existing ordinances, that a dwelling, building,
or structure is unfit for human habitation or is unfit for its current
commercial, industrial, or business use if he finds that conditions
exist in such building, dwelling, or structure which are dangerous or
injurious to the health, safety, or morals of the occupants of such
dwelling, building, or structure; of the occupants of neighborhood
dwellings, buildings, or structures; or of other residents of such
municipality; such conditions may include the following (without
limiting the generality of the foregoing):
(1) Defects therein increasing the hazards of fire, accidents,
or other calamities;
(2) Lack of adequate ventilation, light, or sanitary facilities;
(3) Dilapidation;
(4) Disrepair;
(5) Structural defects; and
(6) Uncleanliness.
Such ordinance may provide additional standards to guide the
public officer, or his agents, in determining the fitness of a dwelling,
building, or structure for human habitation or for its current commer-
cial, industrial, or business use.
41-2-11. An ordinance adopted by the governing body of the
municipality may authorize the public officer to exercise such powers
as may be necessary or convenient to carry out and effectuate the
purpose and provisions of Code Sections 41-2-7 through 41-2-17,
including the following powers in addition to others herein granted:
GEORGIA LAWS 1982 SESSION
2151
(1) To investigate the dwelling conditions in the municipal-
ity in order to determine which dwellings, buildings, or structures
therein are unfit for human habitation or are unfit for current
commercial, industrial, or business use;
(2) To administer oaths and affirmations, to examine wit-
nesses, and to receive evidence;
(3) To enter upon premises for the purpose of making
examinations; provided, however, that such entries shall be made
in such manner as to cause the least possible inconvenience to the
persons in possession;
(4) To appoint and fix the duties of such officers, agents,
and employees as he deems necessary to carry out the purposes of
the ordinances; and
(5) To delegate any of his functions and powers under the
ordinance to such officers and agents as he may designate.
41-2-12. (a) Complaints or orders issued by a public officer
pursuant to an ordinance adopted under Code Sections 41-2-7
through 41-2-17 shall, in all cases, be served upon persons in posses-
sion of said property, owners, and parties in interest; and the return of
service signed by the public officer or his agent or an affidavit of
service executed by any citizen of this state, reciting that a copy of
such complaint or orders was served upon persons in possession of
said property, owners, and parties in interest personally or by leaving
such copy at the place of his residence, shall be sufficient evidence as
to the service of such person in possession, owners, and parties in
interest.
(b) If any of the owners and parties in interest shall reside out of
the municipality, service shall be perfected by causing a copy of such
complaint or orders to be served upon such party or parties by the
sheriff or any lawful deputy of the county of the residence of such
party or parties or such service may be made by any citizen; and the
return of such sheriff or lawful deputy or the affidavit of such citizen,
that such party or parties were served either personally or by leaving a
copy of the complaint or orders at the residence, shall be conclusive as
to such service.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Nonresidents of this state shall be served by publishing the
same once each week for two successive weeks in a newspaper printed
and published in the municipality or, in the absence of such newspa-
per, in one printed and published in the county and circulated in the
municipality in which the dwellings, buildings, or structures are
located. A copy of such complaint or orders shall be posted in a
conspicuous place on premises affected by the complaint or orders. A
copy of such complaint or orders shall also be filed in the proper office
or offices for the filing of lis pendens notices in the county in which
the dwelling, building, or structure is located and such filing of the
complaint or orders shall have the same force and effect as other lis
pendens notices provided by law. Where the address of such nonresi-
dents is known, a copy of such complaint or orders shall be mailed to
them by registered or certified mail.
(d) In the event either the owner or any party in interest is a
minor or an insane person or person laboring under disabilities, the
guardian or other personal representative of such persons shall be
served and if such guardian or personal representative resides outside
the municipality or is a nonresident, he shall be served as hereinbe-
fore provided in such cases. If such minor or insane person or person
laboring under disabilities has no guardian or personal representative
or in the event such minor or insane person lives outside of the
municipality or is a nonresident, service shall be perfected by serving
such minor or insane person personally or by leaving a copy at the
place of his residence which shall be sufficient evidence as to the
service of such person or persons; in the case of other persons who live
outside of the municipality or are nonresidents, service shall be
perfected by serving the judge of the probate court of the county
wherein such property is located who shall stand in the place of and
protect the rights of such minor or insane person or appoint a
guardian ad litem for such persons.
(e) In the event the whereabouts of any owner or party in
interest is unknown and the same cannot be ascertained by tbe public
officer in the exercise of reasonable diligence and the public officer
shall make an affidavit to that effect, then the service of such
complaint or order upon such persons shall be made in the same
manner as provided in subsection (c) above or service may be per-
fected upon any person, firm, or corporation holding itself out as an
agent for the property involved.
GEORGIA LAWS 1982 SESSION
2153
41-2-13. Any person affected by an order issued by the public
officer may petition to the superior court for an injunction restraining
the public officer from carrying out the provisions of the order and
the court may, upon such petition, issue a temporary injunction
restraining the public officer pending the final disposition of the
cause; provided, however, that within 15 days after the posting and
service of the order of the public officer, such person shall present
such petition to the court. De novo hearings shall be had by the court
on petitions within 20 days. The court shall hear and determine the
issues raised and shall enter such final order or decree as law and
justice may require; provided, however, that it shall not be necessary
to file bond in any amount before obtaining a temporary injunction
under this action.
41-2-14. Nothing in Code Sections 41-2-7 through 41-2-17 shall
be construed as preventing the owner or owners of any property from
receiving just compensation for the taking of such property by the
power of eminent domain under the laws of this state nor as permit-
ting any property to be condemned or destroyed except in accordance
with the police power of this state.
41-2-15. Any municipality is authorized to make such appropri-
ations from its revenues as it may deem necessary and may accept and
apply grants or donations to assist it in carrying out the provisions of
ordinances adopted in connection with the exercise of the powers
granted hereunder.
41-2-16. Nothing in Code Sections 41-2-7 through 41-2-17 shall
be construed to abrogate or impair the powers of the courts or of any
department of any municipality to enforce any provisions of its
charter or its ordinances or regulations nor to prevent or punish
violations thereof; and the powers conferred by this article shall be in
addition to and supplemental to the powers conferred by any other
law.
41-2-17. Ordinances relating to the subject matter of Code Sec-
tions 41-2-7 through 41-2-17 adopted prior to April 1,1966, shall have
the same force and effect on and after said date as ordinances adopted
subsequent to and by authority of these Code sections.
Section 46. Title 44 of the Official Code of Georgia Annotated,
relating to property, is amended by striking Code Section 44-1-13 and
inserting in lieu thereof a new Code Section 44-1-13 to read as follows:
2154
GENERAL ACTS AND RESOLUTIONS, VOL. I
44-1-13. Any person entitled to the possession of any parcel or
space of real property shall have the right to remove or cause to be
removed from the property any vehicle which is parked thereon and
which is not authorized to be parked at the place where it is found and
to store or cause to be stored such vehicle at the expense of its owner,
provided that there shall have been conspicuously posted on the real
property notice that any vehicle parked thereon which is not autho-
rized to be parked at the place where it is found may be removed at
the expense of the owner of the vehicle along with information as to
where the vehicle can be recovered. The person removing and storing
the vehicle shall have a lien against it for the expenses of the removal
and storage. The lien may be asserted and enforced and shall be
entitled to the same priorities as those of special liens on personalty
authorized by Code Section 44-14-363. Provided, however, that in all
municipalities having a population of 400,000 or more according to
the United States decennial census of 1970 or any future such census
and whenever such parcel or space of real property is devoted to any
use other than as an off-street interior parking facility which contains
assigned parking spaces reserved for occupants of a building or
structure served by such facility or occupied residential property,
such removal right shall not be exercised after the regular activity on
such property is concluded for the day unless access to such property
from public ways is blocked by a sturdy chain, cable, or rope stretched
at least 18 inches above grade across all driveways or other ways
providing access thereto.
Section 47. Said Title is further amended by striking Code
Section 44-8-10 and inserting in lieu thereof a new Code Section 44-8-
10 to read as follows:
44-8-10. The right to construct a bridge or to establish a ferry
for private use across a watercourse within or adjoining ones lands is
appurtenant to the ownership of the land; but the right to establish
and operate a public bridge or ferry is a franchise to be granted by the
state. Where the grant of such a franchise interferes with an owners
right of exclusive possession, just compensation must first be paid to
the landowner. No such franchise granted by this state shall be held
to be exclusive unless it is plainly and expressly declared to be
exclusive in the grant; except, however, that any municipality of this
state having a population of more than 200,000 according to the
United States decennial census of 1930 or any future such census is
authorized to grant an exclusive franchise pertaining to streets or
sidewalks for a period of three years, but not subject to renewal, to
GEORGIA LAWS 1982 SESSION
2155
any person, firm, or corporation under this authority to grant such a
franchise whether or not it is plainly or expressly stated in the charter
of the municipality.
Section 48. Title 46 of the Official Code of Georgia Annotated,
relating to public utilities and public transportation, is amended by
striking paragraph (5) of Code Section 46-5-63 and inserting in lieu
thereof a new paragraph (5) to read as follows:
(5) To construct, purchase, lease as lessee, or otherwise acquire;
to improve, expand, install, equip, maintain, and operate; and to sell,
assign, convey, lease as lessor, mortgage, pledge, or otherwise dispose
of or encumber telephone lines, facilities, systems, lands, buildings,
structures, plants, equipment, exchanges, and any other real or
personal property, whether tangible or intangible, which shall be
deemed necessary, convenient, or appropriate to accomplish the
purpose for which the cooperative is organized, provided that no
cooperative shall construct, purchase, lease as lessee, take, receive, or
otherwise acquire, improve, expand, install, equip, maintain, or oper-
ate any telephone lines, facilities, systems, lands, buildings, struc-
tures, plants, equipment, exchanges, or any other real or personal
property, whether tangible or intangible, within (1) the boundaries of
any incorporated or unincorporated city, town, village, or borough
within this state having a population in excess of 1,500 inhabitants
according to the last preceding federal census, except that in cities
having a population of not less than 14,310 and not more than 15,140
according to the United States decennial census of 1970 or any future
such census a commercial office building and warehouse may be
constructed, improved, expanded, maintained, operated, leased, and
owned, and (2) any suburban or populated area contiguous to the
boundaries of any such city, town, village, or borough having a
common economic, social, or administrative interest within any such
city, town, village, or borough;
Section 49. Title 48 of the Official Code of Georgia Annotated,
relating to revenue and taxation, is amended by adding a new Code
section following Code Section 48-5-128, to be designated Code
Section 48-5-128.1, to read as follows:
48-5-128.1. (a) In all counties of this state having a popula-
tion of 550,000 or more according to the United States decennial
census of 1950 or any future such census and in which there exists the
office of tax commissioner, the tax commissioner shall be required to
2156
GENERAL ACTS AND RESOLUTIONS, VOL. I
appoint from among the assistants or deputies in his office a chief
deputy. Upon making the appointment, the tax commissioner shall
notify the county governing authority, which shall record a copy of
the appointment upon its minutes. The tax commissioner shall
appoint the chief deputy at his will and pleasure, such appointment in
no event to extend beyond the term of office of the person making the
appointment.
(b) If the person appointed as chief deputy resigns, if the
appointment is revoked, or if for any other reason the appointment is
vacant, the tax commissioner shall appoint a new chief deputy and
shall notify the county governing authority of the new appointment.
The county governing authority shall record a copy of the new
appointment upon its minutes.
(c) If a vacancy occurs in the office of tax commissioner in any
county specified in subsection (a) of this Code section, the person
appointed as chief deputy by the tax commissioner and certified to
the county governing authority, upon qualifying for the office of tax
commissioner in the manner provided by law, shall succeed to the
office of tax commissioner and fill the unexpired term of the tax
commissioner of the county.
Section 50. Title 50 of the Official Code of Georgia Annotated,
relating to state government, is amended by striking Code Section 50-
8-33 and inserting in lieu thereof a new Code Section 50-8-33 to read
as follows:
50-8-33. (a) Each area planning and development commis-
sion, by its bylaws, shall provide for the selection of commission
representatives, but such bylaws shall be subject to the following
requirements governing the membership of the commission:
(1) At least two-thirds of the membership shall be members
of the governing bodies of counties and municipalities which have
joined the area planning and development commission, and such
members of the commission shall be appointed by the governing
bodies of the respective counties and municipalities. The bylaws
may require that 100 percent of the commission shall be members
of the governing bodies of such counties and municipalities;
(2) Each county which has joined the commission shall have
at least one representative of its governing body on the commis-
GEORGIA LAWS 1982 SESSION
2157
sion, and at least one municipality within each such county shall
have at least one representative of its governing body on the
commission; and
(3) All members of the commission shall be appointed by
the governing bodies of the counties and municipalities which
have joined the area planning and development commission.
(b) Subsection (a) of this Code section shall not affect any
metropolitan area planning and development commission established
as provided in Article 4 of this chapter.
Section 51. Said Title is further amended by adding a new
article at the end of Chapter 8 of Title 50, to be designated Article 4,
to read as follows:
Article 4
50-8-80. As used in this article, the term:
(1) Area means a standard metropolitan statistical area
located wholly within this state as defined by the United States
Executive Office of the President, Standard Metropolitan Statis-
tical Area 1967, Part I Criteria, Office of Management and Budget,
subject to any changes made by the Board of Community Affairs
pursuant to Code Section 50-8-30. No area, county, or municipal-
ity may be designated as an area and added to this commission
and come under the effective operation of this article without the
affirmative vote of such area, county, or municipality or its
governing body.
(2) Area plan means a written proposal that involves gov-
ernmental action, expenditure of public funds, use of public
property, or the exercise of franchise rights granted by any public
body and which affects the citizens of more than one political
subdivision of an area and which may have a substantial effect on
the development of an area. Area plans may involve, but shall not
be limited to, such matters as land use (not including zoning),
water and sewerage systems, storm drainage systems, parks and
open spaces, airports, highways and transit facilities, hospitals,
public buildings, and other community facilities and services.
2158
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Commission means a metropolitan area planning and
development commission created in accordance with Code Section
50-8-82.
(4) Development guides means the comprehensive devel-
opment guides adopted by a commission in accordance with Code
Section 50-8-92.
(5) District means a district created pursuant to paragraph
(5) of subsection (a) of Code Section 50-8-84.
(6) Governing body means the board of commissioners of a
county or the mayor and city council of a municipality or other
legislative body which governs a county or municipality.
(7) Members at large means those members of a commis-
sion elected pursuant to paragraph (5) of subsection (a) of Code
Section 50-8-84.
(8) Municipality means an incorporated municipality of
this state lying wholly or partially within the area.
(9) Political subdivision means a county or municipality of
this state lying wholly or partially within the area.
(10) Public members means those members of a commission
holding office pursuant to paragraphs (1) through (4) of subsec-
tion (a) of Code Section 50-8-84.
(11) Redistricting means a redistricting of an area after
publication of a United States decennial census in accordance
with paragraph (5) of subsection (a) of Code Section 50-8-84.
50-8-81. It is in the public interest to create an agency composed
of officials of political subdivisions and private citizens to coordinate
planning and development within each area of this state having a
population of more than 1,000,000 according to the United States
decennial census of 1970 or any future such census; to designate the
agency as the area planning and development commission under
Article 2 of this chapter to make the agency the official metropolitan
agency for comprehensive research, study, advice, and review con-
cerning area plans; to improve relationships between political subdi-
visions and public agencies within areas; and to provide policy
GEORGIA LAWS 1982 SESSION
2159
direction for the solution of common problems through short and
long-range comprehensive planning within areas.
50-8-82. There is created a metropolitan area planning and
development commission in each area of this state having a popula-
tion of more than 1,000,000 according to the United States decennial
census of 1970 or any future such census. The chairman of the county
commission of the most populous county in an area so having a
population of more than 1,000,000 shall, within ten days after July 1,
1971, or within 30 days after the publication of the first United States
decennial census which reports that an area has a population of more
than 1,000,000, as the case may be, activate the commission to serve
that area by convening a meeting of the members provided for by
paragraphs (1) through (4) of subsection (a) of Code Section 50-8-84.
50-8-83. A commission shall be, for its area, an area planning and
development commission as defined in and with all the powers,
duties, and obligations of an area planning and development commis-
sion set forth in Article 2 of this chapter and any other law of general
application pertaining to area planning and development commis-
sions on July 1, 1971; and in addition shall have all of the other
powers, duties, and obligations set forth in this article.
50-8-84. (a) The members of a commission for an area shall
consist of:
(1) The chairman of the board of commissioners of each
county within the area;
(2) The mayor of the most populous municipality within the
area;
(3) From each county within the area, the mayor of a
municipality within such county, to be designated by majority
vote of the mayors (except the mayor of the most populous
municipality within the area) of all municipalities lying within
such county;
(4) A member of the legislative body of the most populous
municipality lying within the area chosen by majority vote of the
members of that legislative body; and
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) That number of persons, not holding elective or
appointed public office or employed by any of the political subdi-
visions of the area, which shall be one less than the total number of
public members designated by paragraphs (1) through (4) of this
subsection, who shall be elected as follows:
(A) Within ten days after a commission has been acti-
vated pursuant to Code Section 50-8-82 and within 90 days
after the publication of a subsequent United States decennial
census, the members of the General Assembly whose repre-
sentative or senatorial districts lie wholly or partially within
an area shall meet upon call by the Speaker of the House of
Representatives and the President of the Senate and shall
divide the area into the same number of districts as the
number of members at large to be elected pursuant to this
paragraph. Each district shall contain approximately the
same population; shall consist of combinations of contiguous
census tracts from the latest available United States decen-
nial census; but may cross the boundary lines of political
subdivisions; and
(B) Within ten days after the area has been so divided
into districts, the public members of a commission shall meet
upon call of the chairman of the county commission of the
most populous county within its area and elect one resident of
each district as a member of the commission.
(b) Any other provision of this article to the contrary notwith-
standing, the General Assembly shall be authorized by local Act to
remove any county within an area from the provisions of this article
upon the recommendation of a majority of the full membership of the
board of commissioners of any such county.
(c) Within 90 days after any area, county, or municipality is
added to or removed from the jurisdiction of an existing commission
under the provisions of paragraph (1) of Code Section 50-8-80 or
subsection (b) of this Code section, the resulting area shall be
redistricted and members at large shall be elected in accordance with
paragraph (5) of subsection (a) of this Code section relative to
redistricting after a United States decennial census.
50-8-85. (a) The public members of a commission shall have
terms of office concurrent with their respective terms of public office.
GEORGIA LAWS 1982 SESSION
2161
Members at large of a commission shall serve for a term of four years,
except that one-half (or if an odd number of members at large are
elected to a commission, a majority of such members at large) shall
serve an initial term (either upon activation of a commission or after a
redistricting of a commission) of two years as designated by the public
members at the time of election; provided, however, that the terms of
all members at large shall terminate at the end of any calendar year
during which redistricting of the area has occurred.
(b) The full terms of the members at large shall commence on
January 1 of the year following the year in which they are elected
except that the first members at large of a newly created commission
shall have added to their term the period of time commencing with
their election until the first January thereafter.
(c) Any member at large who moves his residence outside a
district shall be removed from office by the commission. A commis-
sion may remove from office any member at large who has failed to
attend the last three or more consecutive regular meetings of the
commission. A member at large may be elected to two or more
successive terms on a commission. If a member of the commission
dies, resigns, is removed from office, or for any other reason ceases to
be a member of the commission, his unexpired term shall be filled by
the same persons and in the same manner as such member was
originally elected to the commission pursuant to Code Section 50-8-
84.
(d) Upon the expiration of the term of office of a mayor of a
municipality who has been designated by a majority vote of the
mayors of all municipalities lying within a county in an area, the
chairman of the board of commissioners of such county shall call a
meeting of the mayors of all municipalities lying within such county,
and such mayors shall designate a mayor from their number as a
successor member of the commission, provided that nothing herein
shall prevent an incumbent mayor who has been elected to another
term of public office from being redesignated as a member of the
commission.
50-8-86. A quorum for taking action at a meeting of a commis-
sion may be set in such manner as the bylaws of the commission shall
provide, but it shall not consist of less than one-half of the total
number of authorized members of the commission. The vote of any
member of the commission shall be equal to the vote of any other
2162
GENERAL ACTS AND RESOLUTIONS, VOL. I
member in considering or acting upon any question, proposal, or
other matter before the commission.
50-8-87. (a) The chairman of a commission shall be elected by
the commission from among its members for a two-year term, but no
person shall serve as chairman if, after his election to office, he ceases
to be a member of the commission. A chairman may succeed himself.
(b) The chairman of a commission shall preside at all meetings
of the commission. The chairman shall appoint all officers and
committees of the commission, subject to the approval of the commis-
sion, and be responsible for carrying out all policy decisions of the
commission. The chairmans salary and expense allowances shall be
fixed by the commission.
(c) A chairman may be removed from office by the commission.
50-8-88. A commission shall elect such officers as it deems
necessary for the conduct of its affairs, including a secretary and
treasurer, who need not be members of the commission, and shall be
compensated as determined by the commission. Each member of a
commission, other than the chairman, may be paid a per diem
compensation not to exceed $44.00 for each meeting which he attends
and additional compensation for such other services as are specifi-
cally authorized by the commission, and may be reimbursed for his
actual expenses. No commission member, other than the chairman,
shall receive compensation in excess of $2,400.00 per year.
50-8-89. A commission shall appoint an executive director to
serve at the pleasure of the commission as the principal operating
administrator for the commission. An executive director shall be
chosen from among the citizens of the nation at large and shall be
selected on the basis of his training and experience.
50-8-90. A commission may prescribe the compensation, bene-
fits, and all terms and conditions of employment of its officers,
employees, and agents. A commission may contract with private
individuals or firms for professional services deemed necessary to
carry out its responsibilities under this article. Officers and employ-
ees of a commission shall be public employees. Comparability with
existing wage classifications, pay plans, and other benefits of political
subdivisions in its area shall be considered by a commission when
carrying out this Code section.
GEORGIA LAWS 1982 SESSION
2163
50-8-91. A commission may establish and appoint persons to
advisory committees to assist the commission in the performance of
its duties. Members of advisory committees shall serve without
compensation but may be reimbursed for their reasonable expenses
as determined by the commission.
50-8-92. A commission shall prepare and adopt and from time to
time amend, change, or repeal, after appropriate study and such
public hearings as may be deemed necessary, comprehensive develop-
ment guides for its area. The development guides shall consist of
policy statements, goals, standards, programs, and maps prescribing
an orderly and economic development, public and private, of the area.
The development guides shall be based upon and encompass physical,
economic, and health needs of the area and shall take into consider-
ation future development which may have an impact on the area
including, but not limited to, such matters as land use not including
zoning, water and sewerage systems, storm drainage systems, parks
and open spaces, land needs and the location of airports, highways,
transit facilities, hospitals, public buildings, and other community
facilities and services.
50-8-93. (a) It is in the public interest and it is provided by this
article that:
(1) A commission review each area plan prepared for use in
an area by a political subdivision or by a public authority, commis-
sion, board, utility, or agency;
(2) Each commission be designated as the official planning
agency for all state and federal programs to be carried out in the
area; and
(3) A commission carry out such other planning functions
for an area as may be assigned or delegated to the commission by
other agencies or boards, public or private, and accepted by the
commission.
(b) As set forth in Code Section 50-8-83, a commission shall be
the planning and development commission for an area in accordance
with Article 2 of this chapter.
(c) All powers, duties, obligations, and property vested in or
imposed upon any metropolitan planning commission in an area are
2164
GENERAL ACTS AND RESOLUTIONS, VOL. I
transferred to, imposed upon, and vested in the commission created
by this article as the successor of such commission.
(d) A commission shall be designated for its area as the planning
agency under 40 U.S.C.A. 461 and 40 U.S.C.A. 461(g), as amended,
P.L. 89-117 (1965), and P.L. 90-448 (1968); 42 U.S.C.A. 3725, P.L. 90-
351 (1968); 42 U.S.C.A. 246(b), P.L. 89-749, as amended, P.L. 90-174
(1967), and for comprehensive transportation studies required by 23
U.S.C.A. 101, 134, P.L. 87-866 (1962); and 49 U.S.C.A. 1601 et. seq.
P.L. 88-365 (1964), as amended, and supplemented by administrative
requirements of the United States Department of Transportation,
and any similar law enacted before July 1, 1971. A commission is
further granted all of the powers, duties, and authorities necessary to
carry out its responsibilities and duties under such laws.
(e) A commission shall have power and authority to undertake
such other planning functions within its area as may be assigned or
delegated to the commission by other agencies or boards, public or
private, and for which the commission accepts responsibility.
50-8-94. (a) Each municipality within an area and each county
within an area shall submit to the commission for comment and
recommendation thereon every area plan prepared by such munici-
pality or county. The commission shall maintain all area plans in its
files available for inspection by members of the public. No action
shall be taken by any municipality or county to put an area plan into
effect until 60 days have elapsed after its submission to the commis-
sion. Within ten days after submission, the commission shall notify
each municipality or county which may be affected by the area plan
submitted of the general nature of the plan, the date of submission,
and the identity of the submitting municipality or county. Political
subdivisions contiguous to the submitting municipality or county
shall be notified in all cases by the commission. Within 30 days after
receipt of such notice, a municipality or county may present its views
to the commission.
(b) If, from its own investigation, from the views presented by a
municipality or county affected by the area plans submitted, or
otherwise, the commission finds that there are any inconsistencies
between the area plan and the areas development guides, the com-
mission may recommend modification of the area plan in such
manner as to be consistent with the areas guides.
GEORGIA LAWS 1982 SESSION
2165
(c) A submitting municipality or county may request reconsider-
ation of any recommendation by a commission at a public hearing.
Such public hearing shall be held by the commission within 30 days
after receipt of such request. Notice stating the time and place of each
public hearing shall be mailed by the secretary of the commission, at
least five days prior to the hearing, to the submitting municipality or
county, all affected municipalities and counties, appropriate state
regulatory boards and agencies, and members of the commission.
(d) Within 30 days after a public hearing, the commission shall
make its recommendations known to the submitting municipality or
county, the affected municipalities and counties, and appropriate
state regulatory boards and agencies.
(e) Nothing in this Code section shall limit or compromise the
right of a municipality or county to establish and administer its own
zoning laws and regulations.
50-8-95. (a) A commission shall review every area plan pre-
pared for use within the area by a public authority, public commis-
sion, public board, public utility, or public agency. Each such area
plan shall be submitted to the commission by the public authority,
public commission, public board, public utility, or public agency
preparing the plan before any action is taken to put the plan into
effect.
(b) No action shall be taken to put any area plan into effect until
60 days have elapsed after its submission to the commission or until
the commission finds and notifies the submitting public authority,
public commission, public board, public utility, or public agency that
the area plan is not inconsistent with its development guides, which-
ever first occurs. If, within 60 days after the date of submission, the
commission finds that an area plan is inconsistent with its develop-
ment guides, the commission may recommend modification of the
area plan or such part thereof in such a manner as to be consistent
with its development guides.
(c) A submitting public authority, public commission, public
board, public utility, or public agency may request reconsideration of
any recommendation of the commission at a public hearing. Such
public hearing shall be held by the commission within 30 days of such
request. Notice stating the time and place of a public hearing shall be
mailed, at least five days prior to the hearing, to the submitting public
2166
GENERAL ACTS AND RESOLUTIONS, VOL. I
authority, public commission, public board, public utility, or public
agency; all affected municipalities and counties within the area;
appropriate state regulatory boards and agencies; and members of the
commission.
(d) Within 30 days of such public hearing, the commission shall
make its recommendations known to the submitting authority, com-
mission, board, utility, or agency, all affected municipalities and
counties in the area, and appropriate state regulatory boards and
agencies.
50-8-96. A commission shall review all applications of municipali-
ties, counties, authorities, commissions, boards, or agencies within
the area for a loan or grant from the United States, the State of
Georgia, or any agency thereof if review by a region-wide agency or
body is required by federal or state law, rule, or regulation. In each
case requiring review, the municipality, county, authority, commis-
sion, board, or agency shall, prior to submitting its application to the
United States or State of Georgia or agency thereof, transmit the
same to the commission for its review. The comments of the commis-
sion shall then become a part of the application, to be appended
thereto when finally submitted for the consideration of the United
States, the State of Georgia, or any agency thereof.
50-8-97. A commission shall engage in a continuous program of
research, study, and planning of matters affecting its area including
but not limited to:
(1) Land use;
(2) Transportation within the area, including highways,
railroads, airports, streets, and mass transit;
(3) The acquisition and financing of facilities for the dis-
posal of solid waste material for the area and the means of
financing such facilities;
(4) The acquisition and financing of storm water drainage
facilities for the area and the means of financing such facilities;
(5) The acquisition and financing of suitable major parks
and open spaces within and adjacent to the area;
GEORGIA LAWS 1982 SESSIOf
(1) Counties which have no portion of ti
municipality within their boundary shall prov
person residing in the county plus $2,000.00;
(2) Counties which have some portion of t
municipality within their boundary shall prov
person residing in the county outside the most |
pality plus 12$ for each person residing in the <
most populous municipality plus $2,000.00; and
(3) The most populous municipality shall
each person residing in the municipality plus $2,0
(c) After the first day of April but before
September of each year, a commission shall mal
population estimates and compute the amount due
ing body of each political subdivision in accordance
set forth in subsection (b) of this Code section
population estimates and other data to each such gov
(d) Before the fifteenth day of December eacb
sion shall, at a meeting called for the purpose, adog
budget for the next calendar year. A copy of this pro
shall be forwarded to each political subdivision *
which is expected to contribute to the support of
during the next calendar year. If the aggregate amou
by the participating political subdivisions in acco
formula set out in subsection (b) of this Code section
necessary for such budget, the amount to be pi
political subdivision shall be reduced pro rata and ea
subdivision shall be notified accordingly.
(e) Each political subdivision required to co
support of a commission by subsection (b) of this C
on or before the first day of each quarter of a calenda
percent of the total amount to be provided by it c
unless such political subdivision shall not have a
operating budget by January 1 of such year, in whi
immediately after the adopting of its budget fum
then due to the commission under this Code section.
(f) The governing body of any political subdiv
authority during any year to provide funds to a comi
GENERAL ACTS AND RESOLUTIONS, VOL. I
2168
50-8-100. On or before February 1 of each year, a commission
shall report to the General Assembly of this state and to each political
subdivision and supporting agency within its area. The report shall
include:
(1) A statement of the commissions receipts and expendi-
tures by category for the preceding calendar year;
(2) A budget for the calendar year during which the report is
filed including an outline of its program for such year;
(3) An explanation of any development guides adopted for
the area during the preceding calendar year;
(4) A listing of all applications for federal moneys made by
political subdivisions within the area submitted to the commission
for review during the preceding calendar year;
(5) A listing of area plans of political subdivisions submitted
to the commission during the previous calendar year; and
(6) Recommendations of the commission for legislation
affecting the area, including legislation affecting the organization
and functions of the commission.
50-8-101. (a) A commission shall keep books of account which
shall be independently audited at least once in each full calendar year
during which a commission functions. The auditors report shall be
presented to the governing body of each political subdivision within
the area and to the General Assembly.
(b) Each year a commission shall make a separate estimate of
the number of people who on the first day of April of such year
resided within each county within the area and within the most
populous municipality lying wholly or partially within the area speci-
fied on a county basis if the municipality lies in more than one county.
Based on such population estimates, the governing body of each
county in the area and of the said most populous municipality lying
wholly or partially within the area shall, during the calendar year next
following the year in which the population estimates were made,
provide the commission with operating funds in the amount of
$5,000.00 or in the amount provided for each such political subdivi-
sion in the following schedule, whichever amount is greater:
GEORGIA LAWS 1982 SESSION
2167
(6) The control and prevention of air and water pollution;
(7) Environmental quality;
(8) Law enforcement agencies and increased efficiency of
the criminal justice systems in the area;
(9) Planning for the provision of health facilities and ser-
vices; and
(10) The feasibility of the consolidation of common services
of political subdivisions.
50-8-98. (a) A commission shall have and exercise all power
and authority which may be necessary or convenient to enable it to
perform and carry out the duties and responsibilities imposed on it by
this article.
(b) A commission shall have the authority to determine whether
or not a plan is an area plan as defined by paragraph (2) of Code
Section 50-8-80. Any member of the commission, governing body of a
political subdivision or public authority, commission, board, utility,
or agency whose plans may be area plans may request in writing that
the commission determine whether a plan is an area plan as defined in
paragraph (2) of Code Section 50-8-80. A commission shall make such
determination within 15 days after such request and shall afford the
requesting party the right to be heard prior thereto. The determina-
tion shall be in writing and shall state the basis therefor.
(c) A commission shall also be authorized to adopt bylaws and
rules and regulations concerning all aspects of its functions and
operations. Such bylaws, rules, and regulations shall be determina-
tive and control all matters unless expressly contradicted or forbid-
den by other provisions of law.
50-8-99. In carrying out the purposes of this article, a commis-
sion shall be authorized to contract with, apply for, and accept gifts,
loans, and grants from federal, state, or local governments, public
agencies, semi-public agencies, or private agencies, to expend such
funds, and to carry out cooperative undertakings or contracts with
any such government or agency.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
50-8-100. On or before February 1 of each year, a commission
shall report to the General Assembly of this state and to each political
subdivision and supporting agency within its area. The report shall
include:
(1) A statement of the commissions receipts and expendi-
tures by category for the preceding calendar year;
(2) A budget for the calendar year during which the report is
filed including an outline of its program for such year;
(3) An explanation of any development guides adopted for
the area during the preceding calendar year;
(4) A listing of all applications for federal moneys made by
political subdivisions within the area submitted to the commission
for review during the preceding calendar year;
(5) A listing of area plans of political subdivisions submitted
to the commission during the previous calendar year; and
(6) Recommendations of the commission for legislation
affecting the area, including legislation affecting the organization
and functions of the commission.
50-8-101. (a) A commission shall keep books of account which
shall be independently audited at least once in each full calendar year
during which a commission functions. The auditors report shall be
presented to the governing body of each political subdivision within
the area and to the General Assembly.
(b) Each year a commission shall make a separate estimate of
the number of people who on the first day of April of such year
resided within each county within the area and within the most
populous municipality lying wholly or partially within the area speci-
fied on a county basis if the municipality lies in more than one county.
Based on such population estimates, the governing body of each
county in the area and of the said most populous municipality lying
wholly or partially within the area shall, during the calendar year next
following the year in which the population estimates were made,
provide the commission with operating funds in the amount of
$5,000.00 or in the amount provided for each such political subdivi-
sion in the following schedule, whichever amount is greater:
GEORGIA LAWS 1982 SESSION
2169
(1) Counties which have no portion of the most populous
municipality within their boundary shall provide 30<t for each
person residing in the county plus $2,000.00;
(2) Counties which have some portion of the most populous
municipality within their boundary shall provide 30<t for each
person residing in the county outside the most populous munici-
pality plus 12$ for each person residing in the county inside the
most populous municipality plus $2,000.00; and
(3) The most populous municipality shall provide 18$ for
each person residing in the municipality plus $2,000.00.
(c) After the first day of April but before the first day of
September of each year, a commission shall make the necessary
population estimates and compute the amount due from the govern-
ing body of each political subdivision in accordance with the formula
set forth in subsection (b) of this Code section and certify such
population estimates and other data to each such governing body.
(d) Before the fifteenth day of December each year, a commis-
sion shall, at a meeting called for the purpose, adopt a program and
budget for the next calendar year. A copy of this program and budget
shall be forwarded to each political subdivision and each agency
which is expected to contribute to the support of the commission
during the next calendar year. If the aggregate amount to be provided
by the participating political subdivisions in accordance with the
formula set out in subsection (b) of this Code section is greater than is
necessary for such budget, the amount to be provided by each
political subdivision shall be reduced pro rata and each such political
subdivision shall be notified accordingly.
(e) Each political subdivision required to contribute to the
support of a commission by subsection (b) of this Code section shall,
on or before the first day of each quarter of a calendar year, furnish 25
percent of the total amount to be provided by it during such year
unless such political subdivision shall not have adopted its own
operating budget by January 1 of such year, in which event it shall
immediately after the adopting of its budget furnish the amounts
then due to the commission under this Code section.
(f) The governing body of any political subdivision shall have
authority during any year to provide funds to a commission in excess
2170
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the amount computed in accordance with subsection (b) of this
Code section.
50-8-102. A commission shall not submit a negative or unfavor-
able recommendation which is based upon any data which has been
accumulated for a period of time in excess of 24 months where more
current data is available.
50-8-103. Notwithstanding any other provision of this article, a
commission shall determine by resolution the timing and sequence of
the assumption of such duties, powers, and obligations it may have
under Code Sections 50-8-88, 50-8-89, and Code Sections 50-8-93
through 50-8-96 and such Code sections shall not become effective
until the date specified in such resolution. However, all such Code
sections shall become effective on January 1 of the year following the
year in which a commission is created.
Section 52. Title 51 of the Official Code of Georgia Annotated,
relating to torts, is amended by adding a new Code section to follow
Code Section 51-1-30, to be designated Code Section 51-1-30.1, to
read as follows:
51-1-30.1. (a) As used in this Code section, the term fire
apparatus means salvage and first aid cars, chiefs cars, hose wagons,
pumpers, aerial trucks, water towers, service trucks, supply trucks, or
other publicly owned and operated automotive equipment used in fire
fighting.
(b) A driver or operator of fire apparatus publicly owned and
operated by any member of a fire department in municipalities
having a population of more than 300,000 according to the United
States decennial census of 1940 or any future such census shall be
exempted from any tort liability by reason of injuries sustained to the
person or property of anyone where such damage or injury is caused
by the driving of such apparatus in responding to a fire alarm or while
returning to a fire station under emergency orders of a chief or
assistant chief to put equipment back into service for another call.
(c) Nothing in this Code section shall affect in any manner the
liability of such municipalities owning such fire apparatus for the
torts of its employees under the general laws of this state.
GEORGIA LAWS 1982 SESSION
2171
Section 53. Title 53 of the Official Code of Georgia Annotated,
relating to wills, trusts, and administration of estates, is amended by
striking Code Section 53-6-90 and inserting in lieu thereof a new Code
Section 53-6-90 to read as follows:
53-6-90. (a) There shall be appointed, in each county, by the
judge of the probate court thereof, a county administrator whose duty
it shall be to take charge of all estates unrepresented and not likely to
be represented.
(b) In all counties of this state having a population of 400,000 or
more according to the United States decennial census of 1970 or any
future such census, the judge of the probate court is authorized to
appoint, in the same manner as the county administrator is
appointed, one or more assistant county administrators who shall
have the same powers, duties, and authority and be subject to the
same laws, including Chapter 3 of Title 29, relating to county guard-
ians, as the county administrators.
Section 54. The Acts listed in the paragraphs within this section
are repealed.
(1) An Act authorizing the establishment of a city court in
any county having a population of 15,000 or more upon recom-
mendation of the grand jury of such county, approved October 19,
1891 (Ga. L. 1890-91, Vol. I, p. 96), as amended by an Act
approved December 23, 1892 (Ga. L. 1892, p. 107), and an Act
approved December 16,1895 (Ga. L. 1895, p. 40).
(2) An Act to provide for renewing or repairing any pave-
ment now laid or to be laid in any city of this state having a
population over 20,000, approved October 10,1891 (Ga. L. 1890-
91, Vol. If p. 229).
(3) An Act making it the duty of owners of dead animals or
decaying vegetable matter situated outside the limits of munici-
palities containing 60,000 or more according to the United States
decennial census of 1890, but within the county, to bury such
animals or matter, approved December 16, 1895 (Ga. L. 1895, p.
86).
(4) An Act providing compensation for deputy sheriffs in
counties of 24,000 or more for attendance upon courts and elec-
2172
GENERAL ACTS AND RESOLUTIONS, VOL. I
tions and providing for payment of such compensation, approved
December 19,1900 (Ga. L. 1900, p. 81).
(5) An Act to amend Section 982 of Volume 1 of the Code of
Georgia of 1895, relating to the selection by the Governor of banks
in certain cities as state depositories, providing for the selection of
two banks as state depositories in each of the cities named in said
section having a population of 6,500 and over, approved August
17,1903 (Ga. L. 1903, p. 28).
(6) An Act amending Section 495 of the Penal Code of 1895,
relating to the burial of dead animals in counties containing a
municipality of 1,000 or more according to the United States
decennial census of 1900, approved August 23,1905 (Ga. L. 1905,
p. 85).
(7) An Act setting compensation for deputy sheriffs and
bailiffs in counties containing a municipality of not less than
65,000 nor more than 100,000, approved August 21,1911 (Ga. L.
1911, p. 199).
(8) An Act to prohibit the tax assessors in cities having a
population of not less than 3,550 and not more than 3,552 accord-
ing to the United States decennial census of 1910 from valuing and
assessing their own property for city taxation, approved August
17,1912 (Ga. L. 1912, p.161).
(9) An Act creating juvenile courts in certain counties,
approved August 16,1915 (Ga. L. 1915, p. 35), as amended by an
Act approved August 19, 1916 (Ga. L. 1916, p. 58), and an Act
approved March 22,1935 (Ga. L. 1935, p. 399).
(10) An Act to amend Section 870 of the Code of Georgia of
1910 by providing that in any city having a population of not less
than 65,000 and not more than 100,000 by an amendment to such
citys charter, provision may be made in such amendment for the
renewal or repair of any existing pavement in such city, approved
August 19,1919 (Ga. L. 1919, p. 81).
(11) An Act providing salaries for stenographic reporters in
judicial circuits containing a city having a population of not less
than 65,000 nor more than 100,000 persons, approved August 18,
1919 (Ga. L. 1919, p.277).
GEORGIA LAWS 1982 SESSION
2173
(12) Section 14 of an Act providing for a commission form of
government for counties, with a county manager as executive head
thereof, approved August 21,1922 (Ga. L. 1922, p. 82).
(13) An Act preventing persons living in militia districts
which have a no-fence law within counties having a population of
not less than 23,300 nor more than 23,500 according to the United
States decennial census of 1920 from voting in an election for
fence or no-fence in such counties, approved August 21, 1922
(Ga. L. 1922, p. 134).
(14) An Act to prohibit for a period of five years taking fish
from any stream with any device other than hook and line in any
county having a population of not less than 16,897 nor more than
16,898, not less than 17,736 nor more than 17,737, not less than
6,677 nor more than 6,678, not less than 9,490 nor more than 9,491,
not less than 23,370 nor more than 23,371, not less than 20,351 nor
more than 20,359, not less than 6,455 nor more than 6,456, or not
less than 11,709 nor more than 11,710 according to the United
States decennial census of 1920, approved August 21,1922 (Ga. L.
1922, p. 195).
(15) An Act to prescribe additional duties for coroners in
counties having a population of 200,000 or more, approved August
13.1924 (Ga. L. 1924, p. 84).
(16) An Act to amend Section 1249 of the Code of Georgia of
1910 by providing that in cities having a population of not less
than 6,000 and not more than 15,000 according to the United
States decennial census of 1920, the Governor may name and
appoint two banks as state depositories, approved August 18,1925
(Ga. L. 1925, p. 82), as amended by an Act approved August 20,
1925 (Ga. L. 1925, p. 83).
(17) An Act authorizing county governing officers of all coun-
ties having a population of not less than 24,530 nor more than
24,550 according to the United States decennial census of 1920 to
appropriate $600.00 per year for a public library, approved August
20.1925 (Ga. L. 1925, p. 244).
(18) An Act permitting municipal or local independent
school systems to merge into the county school system, approved
March 19,1926 (Ga. L. 1926, Ex. Sess., p. 40), as amended by an
Act approved July 27,1927 (Ga. L. 1927, p. 160).
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(19) An Act to amend Section 1249 of the Code of 1910 by
providing that in cities having a population of less than 6,000 but
located in counties having a population of more than 30,000
according to the United States decennial census of 1920, the
Governor may name two banks as state depositories, approved
August 17,1929 (Ga. L. 1929, p. 159).
(20) An Act providing for the purchase and disposition of
park properties in cities having a population of 200,000 or more
according to the United States decennial census of 1920 or any
future such census, approved August 27, 1929 (Ga. L. 1929, p.
303).
(21) An Act authorizing the governing authorities of all coun-
ties having a population of 200,000 or more according to the
United States decennial census of 1920 to adopt planning and
building rules, codes, and regulations, approved August 17,1929
(Ga. L. 1929, p.614).
(22) An Act permitting the county school superintendent in
all counties having a population of not less than 21,118 nor more
than 23,000 according to the United States decennial census of
1930 or any future such census to be a resident of the county site,
although such municipality may have a municipal system of
schools, approved August 28,1931 (Ga. L. 1931, p. 131).
(23) An Act granting permission to county governing author-
ities to regulate cemetaries, sanitoriums, hospitals, and similar
institutions in all counties having a population of 125,000 or more,
approved March 20,1935 (Ga. L. 1935, p. 384).
(24) An Act providing a manner of choosing the official
county organ where two or more newspapers qualify in all counties
in which there is a city having a population of not less than 6,410
nor more than 6,415 according to the United States decennial
census of 1930, approved March 3,1939 (Ga. L. 1939, p. 209).
(25) An Act providing for the examination and licensing of
electricians in counties of this state having a population of not less
than 85,000 and not more than 90,000, approved March 15,1943
(Ga. L. 1943, p. 481), as amended by an Act approved February 8,
1951 (Ga. L. 1951, p. 57), and an Act approved March 9, 1956
(Ga. L. 1956, p. 3288), and an Act approved April 4,1963 (Ga. L.
1963, p. 2930).
GEORGIA LAWS 1982 SESSION
2175
(26) An Act amending Section 24-2823 of the Code of Georgia
of 1933, relating to sheriffs fees, approved March 6,1945 (Ga. L.
1945, p.221).
(27) An Act authorizing a stenographer to be present with the
grand jury during testimony of witnesses in counties having a
population of 200,000 or more according to the United States
decennial census of 1940 or any future such census, approved
March 8, 1945 (Ga. L. 1945, p. 1017), as amended by an Act
approved March 14,1978 (Ga. L. 1978, p. 909).
(28) An Act authorizing counties containing a population of
80,000 or more according to the United States decennial census of
1940 or any future such census to levy taxes for the purposes
described in Article VII, Section IV, Paragraph I and Article VII,
Section II, Paragraph II of the Constitution of Georgia of 1945,
approved January 31,1946 (Ga. L. 1946, p. 25), as amended by an
Act approved February 8,1955 (Ga. L. 1955, p. 166).
(29) An Act creating a stadium authority in all counties of
this state having a population of 300,000 or more according to the
United States decennial census of 1940 or any future such census,
approved March 25,1947 (Ga. L. 1947, p. 622).
(30) An Act to increase fees for jurors service in coroners
inquests to $2.00 in all counties having a population of not less
than 43,875 nor more than 43,885 according to the United States
decennial census of 1940, approved March 26,1947 (Ga. L. 1947,
p. 760).
(31) An Act to increase fees for coroners services in holding
inquests to $20.00 in all counties having a population of not less
than 19,618 nor more than 19,700 according to the United States
decennial census of 1940, approved March 27,1947 (Ga. L. 1947,
p. 995).
(32) An Act amending Section 39-1105 of the Code of Georgia
of 1933, relating to fees for legal advertisements in counties
containing a city wholly or partially therein with a population
greater than 200,000, approved February 15,1949 (Ga. L. 1949, p.
566).
2176 GENERAL ACTS AND RESOLUTIONS, VOL. I
(33) An Act to amend Section 24-3005 of the Code of Georgia
of 1933, relating to contingent expenses of superior courts in
counties having a population of 70,000 or more according to the
United States decennial census of 1940 or any future such census,
approved February 7,1950 (Ga. L. 1950, p. 427).
(34) An Act providing that clerks of superior courts in coun-
ties having populations of more than 117,000 according to the
United States decennial census of 1950 or any future such census
may provide separate index books for recording instruments
affecting real property and personal property, approved February
19,1951 (Ga. L. 1951, p. 207).
(35) An Act providing a method of selecting traverse jurors
for courts within counties having a population of not less than
120.000 nor more than 145,000 according to the United States
decennial census of 1950 or any future such census, approved
February 12, 1952 (Ga. L. 1952, p. 99), as amended by an Act
approved April 5, 1961 (Ga. L. 1961, p. 3000), and an Act
approved April 6,1981 (Ga. L. 1981, p. 4242).
(36) An Act authorizing the governing authorities in all coun-
ties having a population of not less than 100,000 nor more than
112.000 according to the United States decennial census of 1950 or
any future such census to adopt building codes, rules, and regula-
tions, approved February 13,1952 (Ga. L. 1952, p. 2446).
(37) An Act providing for the appointment of a deputy tax
commissioner in all counties having a population of 300,000 or
more according to the United States decennial census of 1950 or
any future such census, approved February 15,1952 (Ga. L. 1952,
p. 2564).
(38) An Act to provide that in judicial circuits of this state
consisting of one county only, which now or hereafter, shall have a
population of not less than 150,000 nor more than 450,000 accord-
ing to the United States decennial census of 1950 or any future
such census jurors summoned to serve in said court may be
competent and compellable to serve certain specified days in a
calendar year, approved February 26, 1953 (Ga. L. 1953, Jan.-
Feb. Sess., p. 256).
GEORGIA LAWS 1982 SESSION
2177
(39) An Act to amend an Act defining and enlarging the
jurisdiction of the courts of the ordinary in those counties having
no city courts or county courts and of municipal courts and police
courts, so as to enable such courts to dispose of misdemeanor
traffic cases by providing that the clerk of the superior court in
counties with a population of not less than 7,100 and not to exceed
7,320 shall attend the court of the ordinary in all cases for the
violation of traffic laws, approved December 11, 1953 (Ga. L.
1953, Nov.-Dee. Sess., p. 83), as amended by an Act approved
March 6,1962 (Ga. L. 1962, p. 3146), and an Act approved March
29,1971 (Ga. L. 1971, p. 2299).
(40) Sections 30 and 31 of an Act authorizing the governing
authorities of the several municipalities and counties of this state
to establish separate or joint planning commissions, approved
March 13, 1957 (Ga. L. 1957, p. 420), as amended, relating to
public hearings and publication of notices.
(41) An Act to amend Section 21-105 of the Code of Georgia
of 1933, relating to fees of coroners, by providing that in all
counties of this state having a population of not less than 14,900
and not more than 15,190 according to the United States decen-
nial census of 1950 or any future such census the coroner of such
county shall be paid a salary in lieu of fees, approved March 13,
1957 (Ga. L. 1957, p.3248).
(42) An Act to amend Section 76-202 of the Code of Georgia
of 1933, relating to breach of peace bonds, so as to add a proviso
applicable to counties having a population of not less than 150,000
nor more than 300,000 according to the United States decennial
census of 1950 or any future such census, approved March 17,1959
(Ga. L. 1959, p. 3085).
(43) An Act amending Section 24-2715 of the Code of Georgia
of 1933, relating to clerks of the superior courts to provide for the
use of facsimile signatures in counties having a population of more
than 150,000 according to the United States decennial census of
1950 or any future such census, approved March 7,1960 (Ga. L.
1960, p. 196).
(44) An Act amending an Act amending Code Section 91-8 of
the Code of Georgia of 1933 pertaining to an inventory and public
sale of property, approved March 17,1960 (Ga. L. 1960, p. 1124),
2178
GENERAL ACTS AND RESOLUTIONS, VOL. I
as amended by an Act approved April 10, 1971 (Ga. L. 1971, p.
646), and an Act approved April 6,1981 (Ga. L. 1981, p. 539).
(45) An Act authorizing a stenographer to be present with the
grand jury during testimony of witnesses in counties having a
population of not less than 150,000 nor more than 450,000 accord-
ing to the United States decennial census of 1950 or any future
such census, approved March 17,1960 (Ga. L. 1960, p. 2530).
(46) An Act fixing the compensation of judges and solicitors
of city courts in counties of this state having a population of not
less than 23,700 and not more than 24,200 according to the United
States decennial census of 1950 or any future such census,
approved March 17,1960 (Ga. L. 1960, p. 3201).
(47) An Act providing a method for selection of traverse
jurors for courts in counties having a population of not less than
136,000 nor more than 157,000 according to the United States
decennial census of 1960 or any future such census, approved
March 7,1961 (Ga. L. 1961, p. 134).
(48) An Act providing for the compensation of coroners in
counties of this state having a population of not less than 250,000
and not more than 500,000, and for other purposes, approved
March 16,1961 (Ga. L. 1961, p. 153).
(49) An Act providing additional compensation payable by
counties to solicitors-general in circuits containing counties
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 March 28, 1961 (Ga. L. 1961, p.
225), as amended by an Act approved April 2,1963 (Ga. L. 1963,
p. 299), an Act approved April 6,1967 (Ga. L. 1967, p. 444), an Act
approved March 29, 1971 (Ga. L. 1971, p. 246), and an Act
approved April 5,1971 (Ga. L. 1971, p. 2958).
(50) An Act to amend an Act providing a uniform county
commissioners law for such counties as may require a commission
form of county government exempting counties having a popula-
tion of 500,000 or more according to the United States decennial
census of 1960 or any future such census, approved April 5,1961
(Ga. L. 1961, p. 3012), as amended by an Act approved April 11,
1967 (Ga. L. 1967, p.3012).
GEORGIA LAWS 1982 SESSION
2179
(51) An Act to increase the compensation of the ordinaries in
certain counties of Georgia having a population of not less than
6,910 and not more than 6,950 according to the United States
decennial census of 1960 or any future such census, approved
February 26,1962 (Ga. L. 1962, p. 2226).
(52) An Act to designate as depositories for public and trust
funds the treasury in all counties having a population of 500,000 or
more according to the last United States decennial census,
approved March 12,1963 (Ga. L. 1963, p. 2180).
(53) An Act to amend Section 87-202 of the Code of Georgia
of 1933, relating to creation of bonded debts for counties, munici-
palities, and political subdivisions and providing for returns in
bond elections in municipalities having a population of 300,000 or
more according to the United States decennial census of 1960 or
any future such census, approved March 10,1964 (Ga. L. 1964, p.
260).
(54) An Act amending Section 113-1301 of the Code of
Georgia of 1933, relating to county administrators, so as to provide
for an assistant county administrator in counties having a popula-
tion of 550,000 or more according to the United States decennial
census of 1960 or any future such census, approved March 10,1964
(Ga. L. 1964, p. 300).
(55) An Act authorizing a jury clerk for superior court judges
in counties having a population of 500,000 or more according to
the United States decennial census of 1960 or any future such
census, approved February 19,1964 (Ga. L. 1964, p. 2119).
(56) An Act to prescribe the duties of sheriffs in counties
having a population of not less than 250,000 nor more than 500,000
according to the United States decennial census of 1960 or any
future such census, approved March 11, 1964 (Ga. L. 1964, p.
2885), as amended by an Act approved April 6,1981 (Ga. L. 1981,
p. 4238).
(57) An Act authorizing the appointment of a deputy coroner
in counties of this state having a population of not less than
150,000 and not more than 175,000, approved March 24, 1965
(Ga. L. 1965, p. 227), as amended by an Act approved April 10,
1971 (Ga. L. 1971, p.676).
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(58) An Act amending an Act amending Code Section 91-8 of
the Code of Georgia of 1933 pertaining to an inventory and public
sale of property, approved March 24,1965 (Ga. L. 1965, p. 239), as
amended by an Act approved April 10,1971 (Ga. L. 1971, p. 678).
(59) An Act authorizing sheriffs sales of personal property to
be held at places other than the courthouse in counties having a
population of 500,000 or more according to the United States
decennial census of 1960 or any future such census, approved
April 5,1965 (Ga. L. 1965, p. 3260).
(60) An Act to grant to the incorporated municipalities of
this state having a population of more than 300,000 according to
the United States decennial census of 1970 or any such future
census certain powers to require the repair closing, or demolition
of certain dwellings, buildings, or structures and the authority to
execute said powers by ordinance, approved March 4, 1966
(Ga. L. 1966, p. 3089), as amended by an Act approved March 27,
1970 (Ga. L. 1970, p. 3475), and an Act approved March 30,1977
(Ga. L. 1977, p.4445).
(61) An Act providing office space and secretarial assistance
for certain judges emeritus in counties having a population of
500,000 or more according to the United States decennial census
of 1960 or any future such census, approved March 4,1966 (Ga. L.
1966, p. 3226).
(62) An Act authorizing municipalities having a population
of more than 300,000 according to the United States decennial
census of 1960 or any future such census to sell, exchange, or
dispose of real property comprising parks, playgrounds, golf
courses, swimming pools, or other like property, approved April
11, 1967 (Ga. L. 1967, p. 3022), as amended by an Act approved
March 24,1981 (Ga. L. 1981, p. 3196).
(63) An Act relating to the issuance of dispossessory warrants
against tenants holding over beyond the terms of the lease, so as to
provide that in counties of this state having a population of
500,000 or more, property moved away from the premises pursu-
ant to the execution of a dispossessory warrant shall be placed in
storage, and for other purposes, approved March 1,1968 (Ga. L.
1968, p. 51).
GEORGIA LAWS 1982 SESSION
2181
(64) An Act amending Code Section 87-201 of the Code of
Georgia of 1933, so as to provide additional requirements for bond
elections and bonds issued by certain counties, approved April 8,
1968 (Ga. L. 1968, p. 1007), as amended by an Act approved
March 31,1976 (Ga. L. 1976, p. 1091), and an Act approved April
17,1981 (Ga. L. 1981, p. 1581).
(65) An Act requiring certain notice to tenants before dispos-
session thereof under a warrant in all counties of this state having
a population of 500,000 or more, approved April 9, 1968 (Ga. L.
1968, p.1215).
(66) An Act amending an Act providing for the disposition of
certain funds received by coirnty officials, officers, and employees,
so as to provide that in all counties of a certain population certain
funds shall be deposited with banks or trust companies in the
official names of such officials, officers, and employees, approved
April 25, 1969 (Ga. L. 1969, p. 3655), as amended by an Act
approved April 10,1971 (Ga. L. 1971, p. 3563).
(67) An Act creating a small claims court in each county of
this state having a population of not less than 7,500 nor more than
7,900 according to the United States decennial census of 1960 or
any future such census, approved March 24,1970 (Ga. L. 1970, p.
3423).
(68) An Act creating metropolitan area planning and devel-
opment commissions in all standard metropolitan statistical areas
having a population of more than 1,000,000 according to the
United States decennial census of 1970 or any future such census,
approved March 3, 1971 (Ga. L. 1971, p. 17), as amended by an
Act approved March 27, 1972 (Ga. L. 1972, p. 501), an Act
approved March 27,1972 (Ga. L. 1972, p. 502), an Act approved
March 29,1973 (Ga. L. 1973, p. 225), and an Act approved March
18,1980 (Ga. L. 1980, p. 366).
(69) An Act to amend an Act known as the Housing Author-
ities Law, approved March 30, 1937 (Ga. L. 1937, p. 210), as
amended, providing for resident commissioners in cities with a
population of 450,000 or more according to the United States
decennial census of 1970 or any future such census, approved
April 5,1971 (Ga. L. 1971, p. 414).
2182
GENERAL ACTS AND RESOLUTIONS, VOL. I
(70) An Act to amend an Act entitled the Housing Authori-
ties Law, approved March 30, 1937 (Ga. L. 1937, p. 210), as
amended, so as to provide that cities having a population of not
less than 5,500 and not more than 5,550 according to the United
States decennial census of 1970 or any future such census may
increase the membership of the housing authority from five to
nine members, approved April 5,1971 (Ga. L. 1971, p. 3013).
(71) An Act authorizing the appointment of an assistant
coroner in counties of this state having a population of not less
than 145,000 and not more than 165,000, approved April 5,1971
(Ga. L. 1971, p.3102).
(73) An Act relating to fees of coroners, so as to change
certain of the population figures and census contained therein,
approved April 5,1971 (Ga. L. 1971, p. 3128).
(74) An Act to change the zoning procedures in certain
counties and in all municipalities located wholly or partially in
such counties, approved April 10,1971 (Ga. L. 1971, p. 3662).
(75) An Act prohibiting annexation of any unincorporated
area by any municipality in certain counties without approved of
the county governing authority, approved April 14,1971 (Ga. L.
1971, p. 4112), as amended by an Act approved April 1, 1980
(Ga. L. 1980, p. 4357), and an Act approved April 6,1981 (Ga. L.
1981, p. 4237).
(76) An Act to authorize officials of certain cities to appoint
as peace officers, persons who are citizens of an adjoining state,
approved March 27,1972 (Ga. L. 1972, p. 2560).
(77) An Act authorizing ordinaries to administer oaths of
office to certain officials in counties having a population of
600.000 or more according to the United States decennial census
of 1970 or any future such census, approved April 3,1972 (Ga. L.
1972, p. 3332), as amended by an Act approved April 6, 1981
(Ga. L. 1981, p.3286).
(78) An Act fixing the compensation of solicitors of state
courts of certain counties 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, approved
GEORGIA LAWS 1982 SESSION
2183
April 3, 1972 (Ga. L. 1972, p. 3663), as amended by an Act
approved April 6,1981 (Ga. L. 1981, p. 3308).
(79) An Act to amend an Act known as the Housing Author-
ities Law, approved March 30, 1937 (Ga. L. 1937, p. 210), as
amended, providing for additional commissioners for the housing
authorities of cities with a population of not less than 118,000 or
more than 120,000 according to the United States decennial
census of 1970 or any future such census, approved April 6,1972
(Ga. L. 1972, p.3908).
(80) An Act known as the Metropolitan River Protection
Act, approved March 16,1973 (Ga. L. 1973, p. 128), as amended
by an Act approved April 18,1975 (Ga. L. 1975, p. 837).
(81) An Act to amend an Act providing for rural telephone
cooperative corporations and for rural telephone service known as
the Rural Telephone Cooperative Act, approved February 15,
1950 (Ga. L. 1950, p. 192), as amended, providing that rural
telephone cooperatives may exercise certain powers within cities
having a population of not less than 14,310 and not more than
15,140 according to the United States decennial census of 1970 or
any future such census, approved March 29,1973 (Ga. L. 1973, p.
229).
(82) An Act known as the Vital Areas Act of 1973,
approved April 17,1973 (Ga. L. 1973, p. 935).
(83) An Act to amend an Act authorizing the governing
authorities of the several municipalities and counties of this state
to establish separate or joint planning commissions by providing
for the trial of violations of municipal ordinances in municipal
courts in municipalities of more than 300,000 according to the
United States decennial census of 1970 or any future such census,
approved March 28,1974 (Ga. L. 1974, p. 1416).
(84) An Act to amend an Act approved April 11,1968 (Ga. L.
1968, p. 1394), authorizing the governing authority of any munici-
pality or county to establish a planning department to exercise
any or all of the functions, powers, and duties of a planning
commission, permitting certain municipalities which establish a
planning department to establish a zoning review board to hold
public hearings, approved March 28,1974 (Ga. L. 1974, p. 3847).
2184
GENERAL ACTS AND RESOLUTIONS, VOL. I
(85) An Act providing compensation for the assistant district
attorney in judicial circuits containing not less than 54,500 nor
more than 56,000 according to the United States decennial census
of 1970 or any future such census, approved April 24,1975 (Ga. L.
1975, p. 1111).
(86) An Act amending Chapter 24-27 of the Code of Georgia
of 1933, relating to clerks of the superior court, so as to provide
fees for clerks in counties having a population of 600,000 or more
according to the United States decennial census of 1970 or any
future such census, approved April 24,1975 (Ga. L. 1975, p. 1150),
as amended by an Act approved April 11, 1979 (Ga. L. 1979, p.
507).
(87) An Act authorizing zoning and building inspectors to
issue citations in certain counties, approved April 24,1975 (Ga. L.
1975, p. 4531), as amended by an Act approved April 6, 1981
(Ga. L. 1981, p.3282).
(88) An Act authorizing a stenographer to be present with the
grand jury during testimony of witnesses in counties having a
population of not less than 15,950 nor more than 16,500 according
to the United States decennial census of 1970 or any future such
census, approved February 13,1976 (Ga. L. 1976, p. 2638).
(89) An Act to require representatives of the governing
authority of any county which contains the smaller portion of the
population of a city with a total population of 400,000 or more
according to the United States decennial census of 1970 or any
future such census to meet annually with representatives of the
governing authority of any such city, approved March 24, 1976
(Ga. L. 1976, p.3137).
(90) An Act providing for interment of paupers and indigents
by the governing authorities of counties having a population of not
less than 90,000 or more than 140,000 according to the United
States decennial census of 1970, approved March 31,1976 (Ga. L.
1976, p. 3786).
(91) An Act to fix the salaries of certain county officers and to
provide for personnel and salaries of such personnel in counties
having a population of not less than 15,300 nor more than 15,800
according to the United States decennial census of 1970 or any
GEORGIA LAWS 1982 SESSION
2185
future such census, approved March 30, 1977 (Ga. L. 1977, p.
4268), as amended by an Act approved April 11, 1979 (Ga. L.
1979, p. 4456), and an Act approved March 26,1981 (Ga. L. 1981,
p. 3227).
(92) An Act amending Code Section 23-2304 of the Code of
Georgia of 1933, relating to burial of paupers, and increasing
maximum burial expenses for paupers, approved March 16,1978
(Ga. L. 1978, p.1048).
(93) An Act amending Section 113-1301 of the Code of
Georgia of 1933, relating to county administrators, so as to provide
for the appointment of assistant county administrators in all
counties 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, approved April 3, 1978 (Ga. L.
1978, p. 1509), as amended by an Act approved April 6, 1981
(Ga. L. 1981, p.547).
(94) An Act amending Code Section 69-202 of the Code of
Georgia of 1933, so as to permit the governing authorities of
municipalities having a population of not less than 120,000 and
not more than 150,000 according to the United States decennial
census of 1970 or any future such census to enter contracts
relating to street overpasses and underpasses of railroad proper-
ties, approved April 11,1979 (Ga. L. 1979, p. 521).
(95) An Act amending Section 26-2306 of the Code of Georgia
of 1933, relating to officer or employee selling to governments of
political subdivisions, so as to change the amount of sales permit-
ted by municipal employees in municipalities having a population
of not less than 3,760 nor more than 3,850 according to the United
States decennial census of 1970 or any future such census,
approved April 11,1979 (Ga. L. 1979, p. 536).
(96) An Act amending Section 24-2707 of the Code of Georgia
of 1933, relating to filling vacancies in the office of judge of the
probate court, so as to provide a method for filling such vacancies
in counties 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 April 11,1979 (Ga. L.
1979, p.537).
2186 GENERAL ACTS AND RESOLUTIONS, VOL. I
(97) An Act authorizing municipalities having a population
of more than 300,000 according to the United States decennial
census of 1970 or any future such census to enter contracts relative
to botanical gardens, approved April 11, 1979 (Ga. L. 1979, p.
4196).
(98) An Act authorizing the governing authorities of all coun-
ties having a population in excess of 550,000 according to the
United States decennial census of 1970 or any future such census
to make contributions for purely charitable purposes, approved
March 18,1980 (Ga. L. 1980, p. 3406).
(99) An Act authorizing municipalities having a population
of more than 300,000 according to the United States decennial
census of 1970 or any future such census to enter into certain
contracts and leases relative to public zoos, approved March 24,
1980 (Ga. L. 1980, p.3734).
(100) An Act creating a Legislative Advisory Commission on
Local Government for each county of this state having a popula-
tion of not less than 170,000 nor more than 190,000 according to
the United States decennial census of 1970 or any future such
census, approved March 26,1980 (Ga. L. 1980, p. 4281).
(101) An Act empowering any joint water and sewage
authority located in counties having a population of not less than
100,000 nor more than 160,000 according to the United States
decennial census of 1970 or any future such census to fluoridate
potable public water supplies, approved March 31, 1980 (Ga. L.
1980, p. 4343).
(102) An Act amending Section 24-2727B of the Code of
Georgia of 1933, relating to costs for services rendered by clerks of
superior courts in counties having a population of 600,000 or more
according to the United States decennial census of 1970 or any
future such census, approved April 6,1981 (Ga. L. 1981, p. 532).
(103) An Act amending Section 24-2727A of the Code of
Georgia of 1933, relating to costs for services rendered by clerks of
superior courts in counties having a population of 600,000 or more
according to the United States decennial census of 1970 or any
future such census, approved April 6,1981 (Ga. L. 1981, p. 541).
GEORGIA LAWS 1982 SESSION
2187
(104) An Act to provide that in all counties 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, the
county governing authority shall be empowered by ordinance or
resolution to assess against property the cost of reopening, repair-
ing, or cleaning up from any public way, street, road, right of way,
or highway any debris or other materials originating on such
property as a result of any construction activity and to provide
that such assessment shall be a lien enforced in the same manner
as are county property taxes, approved April 6,1981 (Ga. L. 1981,
p. 3259).
(105) An Act providing for enforcement of regulatory codes,
ordinances, regulations, rules, and orders in counties having a
population of 550,000 or more according to the United States
decennial census of 1970 or any future such census, approved
April 6,1981 (Ga. L. 1981, p. 3261).
(106) Code Section 15-10-31 of the Official Code of Georgia
Annotated, relating to the place of holding justice courts in
municipalities containing over 5,000 inhabitants.
(107) An Act providing for the appointment, duties, and
compensation of staff for the office of the solicitor-general in all
counties 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 12, 1963 (Ga. L.
1963, p. 3547), as amended by an Act approved February 28,1966
(Ga. L. 1966, p. 2607), an Act approved April 18,1967 (Ga. L. 1967,
p. 3218), an Act approved April 28,1969 (Ga. L. 1969, p. 3950), an
Act approved April 5,1971 (Ga. L. 1971, p. 2962), an Act approved
March 21,1974 (Ga. L. 1974, p. 2640), and an Act approved March
30,1977 (Ga. L. 1977, p. 4255).
(108) An Act providing for the creation of the office of judge
emeritus of the court of ordinary in all counties having a popula-
tion of not less than 150,000 nor more than 167,000 according to
the United States decennial census of 1970 or any future such
census, approved April 5,1971 (Ga. L. 1971, p. 2940).
(109) An Act providing for the creation of the office of judge
emeritus of the state court in all counties having a population of
not less than 150,000 nor more than 165,000 according to the
2188
GENERAL ACTS AND RESOLUTIONS, VOL. I
United States decennial census of 1970 or any future such census,
approved April 3, 1972 (Ga. L. 1972, p. 3371), as amended by an
Act approved April 17,1973 (Ga. L. 1973, p. 2733).
Section 55. In the event any section, subsection, paragraph,
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, paragraph sentences, clauses, or
phrases of this Act, which shall remain of full force and effect as if the
section, subsection, paragraph sentence, clause, or phrase so declared
or adjudged invalid or unconstitutional were not originally a part
hereof. The General Assembly declares that it would have passed the
remaining parts of this Act if it had known that such part or parts
hereof would be declared or adjudged invalid or unconstitutional.
Section 56. This Act shall become effective November 1,1982.
Section 57. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 21,1982.
EDUCATION GROUNDS FOR TERMINATION
OF CONTRACTS OF TEACHERS, ETC.
Code Section 20-2-942 Amended.
No. 1517 (House Bill No. 1436).
AN ACT
To amend an Act defining the grounds for the termination of
contracts of teachers, principals, and other employees having a con-
tract for a definite term, approved March 31, 1975 (Ga. L. 1975, p.
360), so as to provide for definitions; to provide for the procedures for
demotion and nonrenewal; to provide for other matters relative to the
foregoing; to amend the Official Code of Georgia Annotated accord-
GEORGIA LAWS 1982 SESSION
2189
ingly; to provide effective dates; to provide for specific repeal; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act defining the grounds for the termination of
contracts of teachers, principals, and other employees having a con-
tract for a definite term, approved March 31, 1975 (Ga. L. 1975, p.
360), is amended by striking Section 3 which reads as follows:
Section 3. Nonrenewal or Demotion After Three Years Service.
After a teacher or other professional school employee certificated by
the State Board of Education who is employed under a contract for a
definite term has been employed for three or more successive school
years by the same local board of education, then the nonrenewal of
the contract of such teacher or other person or his demotion for the
fourth or subsequent years shall be as provided by this section. When
the local school superintendent or board of education has tentatively
decided not to renew the contract in the third successive year of any
such teacher or professional certificated employee, or any subsequent
year thereafter, or to demote such a teacher or other professional
certificated employee, written notification of such tentative decision
shall be given to such teacher or employee not later than April 15
prior to the ensuing school year, and any such teacher or professional
certificated employee so notified shall have the right to request the
local school superintendent or local board of education, in writing, by
not later than May 1, thereafter, to furnish such teacher or certifi-
cated professional employee a written statement of the reasons on
which the nonrenewal of the contract was based, or the reasons for the
demotion, in accordance with the provisions relating to notice as set
out herein in subsection (b) of section 1 of this Act. Upon receiving
such request for a hearing from any such teacher or employee, said
hearing shall be in accordance with the provisions of subsections (b)
through (f), inclusive, of section 1 of this Act. For purposes of this
section, a teacher or other employee as hereinbefore referred to shall
be deemed to have been employed for three successive school years
where the teacher or employee had already completed two years with
the system and while serving under his third successive contract has
his contract of employment renewed by the board of education for the
fourth consecutive year. Only service rendered as an employee of the
same local board of education may be counted as service for the
purpose of this section.,
2190
GENERAL ACTS AND RESOLUTIONS, VOL. I
in its entirety and substituting in lieu thereof a new Section 3 to read
as follows:
Section 3. Nonrenewal or demotion, (a) As used in this Section,
the term:
(1) Local board of education or local board means a
county or independent board of education, a board of education of
a public school system established prior to the adoption of the
Constitution of 1877, or a board of education of an area school
system, or any agent with the authority to act on behalf of any
such board.
(2) School year means a period of at least 180 school days
beginning in or about September and ending in or about June.
(3) School year contract means a contract of full-time
employment between a teacher and a local board of education
covering a full school year. A contract of employment for a portion
of a school year shall not be counted as a school year contract, nor
shall contracts of employment for portions of a school year be
cumulated and treated as a school year contract. A contract of
employment for any time outside a school year shall not be
counted as a school year contract, nor shall contracts of employ-
ment for time outside a school year be cumulated and treated as a
school year contract. A school year contract is deemed included
within a contract of full-time employment between a teacher and a
local board of education covering a full calendar or fiscal year.
(4) Teacher means any professional school employee cer-
tificated by the State Board of Education.
(b) (1) A teacher who accepts a school year contract for the
fourth consecutive school year from the same local board of
education may be demoted or the teachers contract may not be
renewed only for those reasons set forth in subsection (a) of
Section 1 of this Act.
(2) A teacher who accepts a school year contract for the
fourth consecutive school year from the same local board of
education and who is notified that he or she is to be demoted or
that his or her contract will not be renewed has the right to the
procedures set forth in subsections (b) through (f) of Section 1 of
GEORGIA LAWS 1982 SESSION
2191
this Act before the intended action is taken. A teacher who has the
right to these procedures must notify the superintendent of the
local board employing the teacher within 14 days of the day the
notice of the intended action is served that he or she requests that
the procedures be implemented. Within 14 days of service of the
request to implement the procedures, the local board must furnish
the teacher a notice that complies with the requirements of
subsection (b) of Section 1 of this Act.
(3) A teacher is deemed to have accepted a fourth consecu-
tive school year contract if, while the teacher is serving under the
third consecutive school year contract, the local board does not
serve notice on the teacher by April 15 that it intends not to renew
the teachers contract for the ensuing school year, and the teacher
does not serve notice in writing on the local board of education by
May 1 of the third consecutive school year that he or she does not
accept the fourth consecutive school year contract.
(4) A teacher who has satisfied the conditions set forth in
paragraph (1) of this subsection who is subsequently employed by
another local board of education and who accepts a second consec-
utive school year contract from the local board at which the
teacher is subsequently employed may be demoted or the
teachers contract may not be renewed only for those reasons set
forth in subsection (a) of Section 1 of this Act. The provisions set
forth in paragraph (2) of this subsection shall likewise apply to
such a teacher.
(5) A teacher is deemed to have accepted a second consecu-
tive school year contract if, while the teacher is serving under the
first school year contract, the local board does not serve notice on
the teacher by April 15 that it intends not to renew the teachers
contract for the ensuing school year, and the teacher does not
serve notice in writing on the local board of education by May 1 of
the first school year that he or she does not accept the second
consecutive school year contract.
Part 2
Section 2. Code Section 20-2-942 of the Official Code of Georgia
Annotated, relating to the procedure for nonrenewal of contract of
demotion after three years service, is amended by striking said Code
section which reads as follows:
2192
GENERAL ACTS AND RESOLUTIONS, VOL. I
20-2-942. (a) After a teacher or other professional school
employee certificated by the State Board of Education who is
employed under a contract for a definite term has been employed for
three or more successive school years by the same local board of
education, then the nonrenewal of the contract of such teacher or
other person or his demotion for the fourth or subsequent years shall
be as provided by this Code section.
(b) When the local school superintendent or local board has
tentatively decided not to renew the contract in the third successive
year, or any subsequent year thereafter, of any such teacher or
professional certificated employee or to demote such a teacher or
other professional certificated employee, written notification of such
tentative decision shall be given to such teacher or employee not later
than April 15 prior to the ensuing school year; and any such teacher or
professional certificated employee so notified shall bave the right to
request the superintendent or local board in writing, by not later than
May 1, to furnish such teacher or certificated professional employee a
written statement of the reasons on which the nonrenewal of the
contract was based or the reasons for the demotion, in accordance
with provisions relating to notice as set out in subsection (b) of Code
Section 20-2-940. Upon receipt of such request for a hearing from any
such teacher or employee, the hearing shall be conducted in accord-
ance with subsections (b) through (f), inclusive, of Code Section 20-2-
940.
(c) For purposes of this Code section, a teacher or other
employee, as referred to in subsection (a) of this Code section, shall be
deemed to have been employed for three successive school years
where the teacher or employee had already completed two years with
the system and while serving under his third successive contract has
his contract of employment renewed by the local board for the fourth
consecutive year. Only service rendered as an employee of the same
local board may be counted as service for the purpose of this Code
section.,
in its entirety and substituting in lieu thereof a new Code Section 20-
2-942 to read as follows:
20-2-942. (a) As used in this Code section, the term:
(1) Local board of education or local board means a
county or independent board of education, a board of education of
GEORGIA LAWS 1982 SESSION
2193
a public school system established prior to the adoption of the
Constitution of 1877, or a board of education of an area school
system, or any agent with the authority to act on behalf of any
such board.
(2) School year means a period of at least 180 school days
beginning in or about September and ending in or about June.
(3) School year contract means a contract of full-time
employment between a teacher and a local board of education
covering a full school year. A contract of employment for a portion
of a school year shall not be counted as a school year contract, nor
shall contracts of employment for portions of a school year be
cumulated and treated as a school year contract. A contract of
employment for any time outside a school year shall not be
counted as a school year contract, nor shall contracts of employ-
ment for time outside a school year be cumulated and treated as a
school year contract. A school year contract is deemed included
within a contract of full-time employment between a teacher and a
local board of education covering a full calendar or fiscal year.
(4) Teacher means any professionional school employee
certificated by the State Board of Education.
(b) (1) A teacher who accepts a school year contract for the
fourth consecutive school year from the same local board of
education may be demoted or the teachers contract may not be
renewed only for those reasons set forth in subsection (a) of Code
Section 20-2-940.
(2) A teacher who accepts a school year contract for the
fourth consecutive school year from the same local board of
education and who is notified that he or she is to be demoted or
that his or her contract will not be renewed has the right to the
procedures set forth in subsections (b) through (f) of Code Section
20-2-940 before the intended action is taken. A teacher who has
the right to these procedures must notify the superintendent of
the local board employing the teacher within 14 days of the day
the notice of the intended action is served that he or she requests
that the procedures be implemented. Within 14 days of service of
the request to implement the procedures, the local board must
furnish the teacher a notice that complies with the requirements
of subsection (b) of Code Section 20-2-940.
2194
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) A teacher is deemed to have accepted a fourth consecu-
tive school year contract if, while the teacher is serving under the
third consecutive school year contract, the local board does not
serve notice on the teacher by April 15 that it intends not to renew
the teachers contract for the ensuing school year, and the teacher
does not serve notice in writing on the local board of education by
May 1 of the third consecutive school year that he or she does not
accept the fourth consecutive school year contract.
(4) A teacher who has satisfied the conditions set forth in
paragraph (1) of this subsection who is subsequently employed by
another local board of education and who accepts a second consec-
utive school year contract from the local board at which the
teacher is subsequently employed may be demoted or the
teachers contract may not be renewed only for those reasons set
forth in subsection (a) of Code Section 20-2-940. The provisions
set forth in paragraph (2) of this subsection shall likewise apply to
such a teacher.
(5) A teacher is deemed to have accepted a second consecu-
tive school year contract if, while the teacher is serving under the
first school year contract, the local board does not serve notice on
the teacher by April 15 that it intends not to renew the teachers
contract for the ensuing school year, and the teacher does not
serve notice in writing on the local board of education by May 1 of
the first school year that he or she does not accept the second
consecutive school year contract.
Part 3
Section 3. (a) Except as otherwise provided in subsection (c) of
this section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
2195
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 21,1982.
HAZARDOUS DRIVERS STUDY COMMITTEE.
No. 202 (Senate Resolution No. 274).
A RESOLUTION
Creating the Hazardous Drivers Study Committee; and for other
purposes.
WHEREAS, the incidence of serious traffic offenses such as
driving under the influence of alcohol or drugs has increased dramat-
ically during recent years; and
WHEREAS, the General Assembly should review the laws dealing
with serious traffic offenses and the administration of those laws by
the courts of this state in an effort to find more effective methods to
remove hazardous drivers from the streets and highways of this state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the Hazardous Drivers Study Com-
mittee is created which shall be composed of 18 members as follows:
(a) Four members of the Senate, three of whom shall be
appointed by the President of the Senate and the fourth shall be the
chairman of the Senate Public Safety Committee;
(b) Four members of the House of Representatives, three of
whom shall be appointed by the Speaker of the House of Representa-
tives and the fourth shall be the chairman of the Motor Vehicles
Committee of the House of Representatives;
2196
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) One official or employee of the Department of Public Safety
appointed by the Commissioner of Public Safety;
(d) One official or employee of the Department of Human
Resources appointed by the commissioner of said department;
(e) One official or employee of the Office of Highway Safety
appointed by the director of said office;
(f) Four judges of courts of this state appointed by the Governor,
one of whom shall be a judge of a municipal or recorders court, one of
whom shall be a judge of a probate court exercising jurisdiction over
traffic offenses, one of whom shall be a judge of a state court, and one
of whom shall be a juvenile court judge; and
(g) Three citizens of Georgia appointed by the Governor.
BE IT FURTHER RESOLVED that the committee shall conduct
a comprehensive study of the existing laws of this state relating to
serious traffic offenses, with particular emphasis on driving under the
influence of alcohol or drugs. Such study shall also include the
administration of such laws by the courts of this state. The purpose of
the study will be to find more effective methods of substantially
reducing the number of hazardous drivers operating on the streets
and highways of this state.
BE IT FURTHER RESOLVED that the organizational meeting
of the committee shall be held upon the joint call of the President of
the Senate and the Speaker of the House of Representatives. At the
organizational meeting, the committee shall elect a chairman from its
own membership and such other officers from its own membership as
the committee finds necessary or desirable. The committee shall
adopt its own rules of procedure and may meet at such times and
places as the committee shall determine but not exceeding ten days
unless additional days are authorized by both the President of the
Senate and the Speaker of the House.
BE IT FURTHER RESOLVED that the legislative members of
the committee shall receive the expenses and allowances provided by
law for legislative members of interim committees for attending
meetings of the committee. Members of the judiciary who serve on
the committee shall be reimbursed for actual and necessary expenses
and travel expenses for attending meetings of the committee from
GEORGIA LAWS 1982 SESSION
2197
legislative funds. State officials or employees who serve on the
committee shall be reimbursed for actual and necessary expenses and
travel expenses from the funds of their respective departments or
agencies for attending meetings of the committee. Citizen members
of the committee shall be reimbursed for expenses and travel for
attending committee meetings in the same manner as state employ-
ees. All funds necessary to carry out the provisions of this resolution,
except as provided herein, shall come from funds appropriated or
available to the legislative branch of state government or from funds
made available to the Office of Highway Safety by the Congress of the
United States pursuant to 23 USCA, Section 402.
BE IT FURTHER RESOLVED that the committee shall make a
report of its findings and recommendations, including proposed
legislation, to the Governor and all members of the General Assembly
on or before the date the General Assembly convenes in regular
session in 1983, on which date the committee shall stand abolished.
Approved April 22,1982.
LAND CONVEYANCE TO BUTTS COUNTY.
No. 203 (House Resolution No. 658).
A RESOLUTION
Authorizing and empowering the State Properties Commission,
for and on behalf of and in the name of the State of Georgia, to convey
or lease certain state owned real property located in Butts County,
Georgia, to the board of commissioners of Butts County; to provide an
effective date; and for other purposes.
WHEREAS, the board of commissioners of Butts County pro-
poses to construct an airport runway on property presently owned by
the State of Georgia, comprising 108 acres more or less, to be fully
described by the board of commissioners of Butts County as provided
in this resolution; and
2198
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the property is now under the custody and manage-
ment of the Department of Offender Rehabilitation; and
WHEREAS, by a resolution dated February 9,1982, the Board of
Offender Rehabilitation declared said property surplus to their needs
and requested said property be donated to Butts County; and
WHEREAS, the power to deal with and to dispose of state-owned
property is vested in the General Assembly of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of 108 acres,
more or less, to be described real property, hereinafter referred to as
the property, and that, in all matters relating to 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 or lease the property to the
board of commissioners of Butts County.
Section 3. That said conveyance be subject to the following:
(1) The consideration for the conveyance of said property
shall be for a consideration not less than the fair market value or
fair rental value;
(2) That the board of commissioners of Butts County pre-
pare and submit to the State Properties Commission for approval
a plat of survey and legal description of the property prior to the
conveyance; and
(3) Such other terms and conditions as determined by the
State Properties Commission to be in the best interests of the
State of Georgia.
Section 4. That the State Properties Commission is authorized
and empowered to do all acts and things necessary and proper to
effect such conveyance.
GEORGIA LAWS 1982 SESSION
2199
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.
Approved April 22,1982.
JUVENILE COURT CODE AMENDED.
Code Title 15, Chapter 11 Amended.
No. 1519 (Senate Bill No. 4).
AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to juvenile proceedings, so as to change the
provisions relating to the creation of juvenile courts; to change the
provisions relating to the termination of juvenile courts; to provide
for the compensation of juvenile judges; to prohibit certain juvenile
judges from practicing law; to provide for administrative procedures;
to provide for pension rights of certain judges; to provide for qualifi-
cations for referees; to provide that the court may suspend the
drivers license of a child who commits a delinquent act or, in the case
of a child who does not have a drivers license, prohibit the issuance of
a drivers license to such child for a certain period of time; to provide
for procedures in connection 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. Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to juvenile proceedings, is amended by striking in
its entirety Code Section 15-11-3, which reads as follows:
15-11-3. (a) Except as provided in paragraph (2) of subsec-
tion (b) of this Code section, in counties having populations of 50,000
or more according to the United States decennial census of 1970 or
2200
GENERAL ACTS AND RESOLUTIONS, VOL. I
any future such census, juvenile courts are created and established
with original jurisdiction in all cases coming within the terms of this
chapter.
(b) (1) In any county having a population of less than 50,000
according to the United States decennial census of 1970 or any
future such census, upon recommendation of two successive grand
juries, a juvenile court shall be created and the judge of the
superior court shall appoint a judge thereof, in accordance with
this chapter. It shall thereupon be considered that a juvenile court
has been established in the county. The powers, authority, juris-
diction, and procedure of court shall be the same as those of
juvenile courts established under this chapter.
(2) In all counties having populations of less than 50,000
according to the United States decennial census of 1970 or any
future such census, wherein a juvenile court has not been estab-
lished, and in Richmond County and such other counties of more
than 50,000 population as may be provided by local Act, a judge of
the superior court shall sit as the juvenile court judge and hear all
cases coming within this chapter. Such hearing shall be conducted
in accordance with the provisions set forth in this chapter. In any
such court the clerk of the superior court shall exercise the
functions of clerk of the juvenile court, subject to the direction of
the judge.
(3) Whenever any juvenile court has been established by
appropriate action of two successive grand juries in any county
having a population of less than 50,000 pursuant to this chapter,
the existence of the juvenile court shall be terminated if two
successive grand juries of the county thereafter adopt a resolution
providing for the termination and the resolution is concurred in by
the judge of the superior court of the county. Thereafter, the judge
of the superior court of the county shall sit as the juvenile court
judge of such county pursuant to this chapter. Action taken under
this paragraph by the grand jury and the superior court judge shall
not prevent the reestablishment thereafter of a juvenile court in
the county by action taken by two successive grand juries as
provided for in paragraph (1) of this subsection.
(c) Except as provided in this chapter, the judge or a majority of
the judges of the superior court circuit presiding over the county
wherein a juvenile court is established by this chapter shall appoint
GEORGIA LAWS 1982 SESSION
2201
the judge or judges of the juvenile court for a term of six years and
shall fix his or their compensation except in those counties wherein
the salary of the judge is fixed by legislative Act. The salary of the
juvenile court judge shall be paid out of county funds. The governing
authority of the county in which the court is located, at any meeting,
may provide for the reimbursement to the judge of the juvenile court
for expenses incurred while on court business outside the jurisdiction
of the court.
(d) No person shall be judge of the juvenile court unless, at the
time of his appointment, he has attained the age of 30 years, has been
a citizen of the state for three years, and has practiced law for three
years, unless otherwise provided by a local act. A juvenile court judge
shall be eligible for reappointment.
(e) In the event that more than one juvenile court judge is
appointed, one shall be designated presiding judge.
(f) It shall be unlawful for the judge of any juvenile court to
engage directly or indirectly in the practice of law in his own name or
in the name of another as a partner or in any manner in any case,
proceeding, or matter of any kind in his own court or in any other
court in any case, proceeding, or any other matters of which his own
court has pending jurisdiction or has had jurisdiction. It shall be
unlawful for any juvenile court judge to give advice or counsel to any
person on any matter of any kind whatsoever which has arisen
directly or indirectly in his own court, except such advice or counsel as
he is called upon to give while performing his duties as juvenile court
judge.
(g) In any case in which action under this Code section is to be
taken by the judge of the superior court of a county, such action shall
be taken by a majority vote of the judges of the superior court of the
judicial circuit encompassing the county where there are more than
two superior court judges. Where there are two superior court judges
of a county or judicial circuit encompassing a county, any action
under this Code section shall be taken by the chief judge of the
superior court circuit.,
and inserting in lieu thereof a new Code Section 15-11-3 to read as
follows:
2202
GENERAL ACTS AND RESOLUTIONS, VOL. I
15-11-3. (a) There is created a juvenile court in every county
in the state.
(b) The judge or a majority of the judges of the superior court in
each circuit in the state may appoint one or more qualified persons as
judge of the juvenile courts of the circuit, unless otherwise provided
by a local act. Each judge appointed will have the authority to act as
judge of each juvenile court in the circuit. If no person is appointed a
juvenile judge for the circuit, then the superior court judge or judges
of the circuit shall assume the duties of the juvenile judge in all
counties in the circuit in which a separate juvenile court judgeship
had not been established as part of the duties of the superior court
judge. All juvenile court judgeships, their methods of compensation,
selection, and operation, established on or before July 1, 1983, shall
continue until such time as a circuit-wide juvenile court judge is
appointed or until terminated by two successive recommendations of
the grand juries of the county with the concurrence of the judge or
judges of the superior court of the circuit. However, in any circuit
where a superior court judge assumes the duties of the juvenile judge,
such circuit shall not be entitled to the state funds provided for in
subsection (d) of this Code section.
(c) When a circuit-wide juvenile court judge is appointed, any
juvenile judge in office at that time shall be authorized to fulfill his
term of office. The jurisdiction of each judge shall be circuit-wide.
(d) (1) Each juvenile judge appointed under this chapter shall
serve for a term of years equal to that of the superior court judges
of the circuit. Except as otherwise provided by law, the compensa-
tion of the juvenile judge shall be set by the judge or judges of the
superior court with the approval of the governing authority or
governing authorities of the county or counties for which he is
appointed. The state, out of funds appropriated to the judicial
branch of government, shall contribute toward the salary of the
judges on a per circuit basis in the following amounts:
(A) Circuits with a population of 400,000 or more ac-
cording to the United States decen-
nial census of 1980 or any future such
census...................................$ 35,000.00
GEORGIA LAWS 1982 SESSION
2203
(B) Circuits with a population of 150,000 or more
but less than 400,000 according to the
United States decennial census of
1980 or any future such
census................... 25,000.00
(C) Circuits with a population of 100,000 or more
but less than 150,000 according to the
United States decennial census of
1980 or any future such
census................... 15,000.00
(D) Circuits with a population of 70,000 or more but
less than 100,000 according to the
United States decennial census of
1980 or any future such
census................... 10,000.00
(E) Circuits with a population of less than 70,000 ac-
cording to the United States decen-
nial census of 1980 or any future such
census.................... 5,000.00
No state funds shall be available for the above contributions
toward the salary of the judges on a per circuit basis until the
General Assembly has appropriated funds for that specific pur-
pose.
(2) The remaining amount of the salary of the juvenile judge
provided for herein shall be paid by the counties comprising the
judicial circuit in the ratio which the population of the county
bears to the total population of the counties comprising said
circuit as shown by the latest official decennial census.
2204
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Each juvenile judge appointed in a circuit with a popula-
tion of 160,000 or more according to the United States decennial
census of 1980 or any future such census shall be prohibited from
practicing law, with the exception of carrying out his duties as
judge or in defending against any action brought against him.
(e) No person shall be judge of the juvenile court unless, at the
time of his appointment, he has attained the age of 30 years, has been
a citizen of the state for three years, and has practiced law for three
years. A juvenile court judge shall be eligible for reappointment.
(f) In the event that more than one juvenile court judge is
appointed, one shall be designated presiding judge.
(g) It shall be unlawful for the judge of any juvenile court to
engage directly or indirectly in the practice of law in his own name or
in the name of another as a partner or in any manner in any case,
proceeding, or matter of any kind in his own court or in any other
court in any case, proceeding, or any other matters of which his own
court has pending jurisdiction or has had jurisdiction. It shall be
unlawful for any juvenile court judge to give advice or counsel to any
person on any matter of any kind whatsoever which has arisen
directly or indirectly in his own court, except such advice or counsel as
he is called upon to give while performing his duties as juvenile court
judge.
(h) In any case in which action under this Code section is to be
taken by the judge of the superior court of a county, such action shall
be taken by a majority vote of the judges of the superior court of the
judicial circuit encompassing the county where there are more than
two superior court judges. Where there are two superior court judges
of a county or judicial circuit encompassing a county, any action
under this Code section shall be taken by the chief judge of the
superior court circuit.
(i) Each juvenile court created under this chapter shall be
assigned and attached to the superior court of the county for adminis-
trative purposes. All expenditures of the court are declared to be an
expense of the court and payable out of the county treasury with the
approval of governing authority or governing authorities of the
county or counties for which he is appointed.
GEORGIA LAWS 1982 SESSION
2205
(j) Any judge appointed pursuant to this chapter who, within 90
days prior to such appointment, was a judge of the juvenile court of a
county with a pension plan created by local legislation, and was a
contributing member thereof shall have the option of continuing as a
member with county contributions and benefits as other members by
notifying the offices of said pension plan and the office of the Trial
Judges and Solicitors Retirement Fund of the state of such election in
writing within 30 days after his appointment. Thereupon the judge
shall continue as a member of the local pension plan without inter-
ruption of credited service; and the judge shall have deducted there-
after from the total salary paid by the state and county for the judges
services in percentage amounts as is provided for members contribu-
tions, which amounts shall be paid into the pension plan created by
local legislation. Nothing in this Code section shall be construed as
prohibiting a judge from becoming a member of the Trial Judges and
Solicitors Retirement Fund of the state as a juvenile court judge at
such time as he withdraws further contributions to the pension plan
created by local legislation and so notifies the office of the Trial
Judges and Solicitors Retirement Fund of the state in writing.
Section 2. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 15-11-10 and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) The judge may appoint one or more persons to serve as
referee in juvenile matters on a full or part-time basis. The referee
shall serve at the pleasure of the judge, and his salary shall be fixed by
the judge with the approval of the governing authority or governing
authorities of the county or counties for which he is appointed. The
salary of each referee shall be paid from county funds. A referee shall
be a member of the State Bar of Georgia or shall be a graduate of a law
school; provided, however, that any person serving as a referee on July
1, 1983, shall be qualified for appointment thereafter to serve as a
referee.
Section 3. Said chapter is further amended by striking Code
Section 15-11-35 in its entirety and inserting in lieu thereof a new
Code Section 15-11-35 to read as follows:
15-11-35. (a) At the conclusion of the adjudicatory hearing, if
the child is found to have committed a delinquent act and is subse-
quently determined to be in need of treatment or rehabilitation, the
court may make any of the following orders of disposition best suited
to his treatment, rehabilitation, and welfare:
2206
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Any order authorized by Code Section 15-11-34 for the
disposition of a deprived child;
(2) An order placing the child on probation under condi-
tions and limitations the court prescribes, under the supervision
of:
(A) The probation officer of the court or the court of
another state as provided in Code Section 15-11-46;
(B) Any public agency authorized by law to receive and
provide care for the child; or
(C) The chief executive officer of any community reha-
bilitation center acknowledging in writing his willingness to
accept the responsibility for the supervision of the child;
(3) An order placing the child in an institution, camp, or
other facility for delinquent children operated under the direction
of the court or other local public authority; or
(4) An order committing the child to the Department of
Human Resources.
(b) At the conclusion of the adjudicatory hearing, if the child is
found to have committed a delinquent act, the court may, in addition
to any other treatment or rehabilitation, suspend the drivers license
of such child for any period not to exceed the date on which the child
becomes 18 years of age or, in the case of a child who does not have a
drivers license, prohibit the issuance of a drivers license to such child
for any period not to exceed the date on which the child becomes 18
years of age. The court shall retain the drivers license for the period
of suspension and return it to the offender at the end of such period.
The court shall notify the Department of Public Safety of any such
actions taken pursuant to this subsection.
Section 4. This Act shall become effective July 1,1983.
GEORGIA LAWS 1982 SESSION
2207
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
JUDGES OF PROBATE COURTS RETIREMENT
FUND OF GEORGIA AMENDED.
Code Title 47, Chapter 11 Amended.
No. 1520 (Senate Bill No. 60).
AN ACT
To amend Chapter 11 of Title 47 of the Official Code of Georgia
Annotated, relating to the Judges of the Probate Courts Retirement
Fund of Georgia, so as to provide for calculation and payment of
benefits to certain surviving spouses of judges and requirements,
qualifications, and proceedings related thereto; to change the rate of
interest on dues which are refunded to members; to change the
provisions relating to the payment of interest and the computation of
interest on dues paid for the purpose of repayment of funds in cases in
which a judge of the probate court dies; to provide for refund of dues
plus interest to the estates of certain persons; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 11 of Title 47 of the Official Code of Georgia
Annotated, relating to the Judges of the Probate Courts Retirement
Fund of Georgia, is amended by adding between Code Sections 47-11-
71 and 47-11-72 a new Code section, to be designated Code Section
47-11-71.1, to read as follows:
47-11-71.1. (a) Upon the death of any member who is then
receiving retirement benefits and upon the surviving spouse of such
member attaining 60 years of age, said spouse shall he paid spouses
2208
GENERAL ACTS AND RESOLUTIONS, VOL. I
benefits which shall be equal to 50 percent of the retirement benefits
then being paid to such member. Such benefits shall be paid for the
remainder of the life of such surviving spouse. Upon the death of any
member prior to retirement, the surviving spouse of such member
may elect:
(1) To withdraw the dues paid into the retirement fund by
the deceased member plus interest at the rate specified by law, in
which case the spouse shall be deemed to have waived any right to
any benefits; or
(2) To leave such dues in the retirement fund and to receive
spouses benefits which shall be payable beginning:
(A) On the date of the members death, if such member
is 60 years of age or older, or
(B) On the date on which the surviving spouse of the
deceased member reaches 60 years of age,
whichever event occurs last, and which shall be equal to 50 percent
of the retirement benefits which the deceased member was draw-
ing at the time of death or, in the case of a member who dies prior
to his sixtieth birthday, which such deceased member would have
been entitled to receive upon reaching 60 years of age had he lived
and ceased service as a judge of the probate court on the date of his
death.
(b) As used in this Code section, the term surviving spouse
means the person who was married to the probate judge on the date
the probate judge first begins receiving retirement benefits under this
chapter or, in the case of a member who dies before receiving
retirement benefits, the term surviving spouse shall mean the person
who was married to the probate judge on the date of the death of the
judge.
(c) Any living retired probate judge drawing retirement benefits
on November 1,1982, who had a spouse on the date of the retirement
of such judge, which spouse may survive said retired probate judge,
shall be eligible to draw the retirement benefits provided for a spouse
herein upon electing to do so; provided, however, that no person may
draw both the retirement benefits and spouses benefits. Spouses
benefits payable under this Code section shall be in lieu of benefits
provided in subsection (b) of Code Section 47-11-71 of this chapter.
GEORGIA LAWS 1982 SESSION
2209
(d) Any judges of the probate court or any surviving spouses of
judges who are receiving benefits calculated pursuant to subsection
(b) of Code Section 47-11-71 of this chapter are authorized to elect to
be covered by the provisions of this Code section and to have the
benefits which they are receiving or which they may be entitled to
receive recalculated in accordance with the provisions of this Code
section. Each such election shall be made in writing by July 1,1983,
on forms to be supplied to each such person by the board of commis-
sioners. No additional contributions or dues shall be required of any
person to be covered by the provisions of this Code section. In the
event that a person who is receiving benefits calculated under subsec-
tion (b) of Code Section 47-11-71 elects to be covered by the provi-
sions of this Code section, such persons future benefits shall be
recalculated in the same manner as if such person had never received
benefits under subsection (b) of Code Section 47-11-71; and such
recalculated benefits shall be payable beginning on the first day of the
month following the month in which the election is made.
Section 2. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 47-11-72 and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) Any member of the fund, after ceasing to serve as a judge of
the probate court and after waiving any right to retirement benefits in
writing on a form to be provided by the board, may apply for and be
refunded all dues paid, together with 5 percent simple interest per
annum from the end of the calendar year in which paid to the end of
the calendar year next preceding the application for the refund.
Section 3. Said chapter is further amended by striking in its
entirety subsection (b) of Code Section 47-11-72 and inserting in lieu
thereof a new subsection (b) to read as follows:
(b) Although retirement pay shall be based on Code Section 47-
11-71 and nothing in this Code section shall be construed to alter
same, at the effective date of retirement simple interest at a rate of 5
percent per annum shall be computed on all dues paid from the end of
the calendar year in which paid to the end of the calendar year
immediately preceding the date of retirement and shall be added to
the total dues paid. After all retirement benefits coming due under
subsection (a) or (b) of Code Section 47-11-71, as the case may be,
have been paid and if the total thereof shall not be equal to or exceed
the above total of dues and interest, then the balance of such
2210
GENERAL ACTS AND RESOLUTIONS, VOL. I
principal and interest shall be paid to the estate of the deceased judge
of the probate court.
Section 4. Said Act is further amended by striking in its entirety
subsection (c) of Code Section 47-11-72, which reads as follows:
(c) Upon application by the estate of any member of the fund
who dies prior to retirement, all dues paid by such deceased member,
together with 5 percent simple interest per annum from the end of the
calendar year in which paid to the end of the calendar year next
preceding the application for the refund shall be paid to the estate of
the deceased judge of the probate court.,
and inserting in lieu thereof a new subsection (c) to read as follows:
(c) Upon application by the estate of any member of the
retirement system who dies prior to retirement and who does not have
a surviving spouse who is eligible for benefits under Code Section 47-
11-71.1, all dues paid by such deceased member, together with 5
percent simple interest per annum from the end of the calendar year
in which paid to the end of the calendar year next preceding the
application for the refund, shall be paid to the estate of the deceased
judge of the probate court.
Section 5. This Act shall become effective November 1,1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
GEORGIA LAWS 1982 SESSION
2211
TORTS IMMUNITY FROM LIABILITY FOR
CERTAIN INCIDENTS RELATING TO
COMPRESSED GASES.
Code Sections 105-1807, 51-11-8
Amended.
No. 1521 (Senate Bill No. 83).
AN ACT
To amend Code Chapter 105-18, relating to defenses against torts,
as amended, so as to provide immunity from liability for care,
assistance, or advice relating to certain dangerous incidents involving
compressed gases; to provide for exceptions; to amend the Official
Code of Georgia Annotated accordingly; to provide effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 105-18, relating to defenses against
torts, as amended, is amended by adding after Code Section 105-1806
a new Code section, to be designated Code Section 105-1807, to read
as follows:
105-1807. (a) Any person employed by a licensed compressed
gas dealer who provides assistance upon request of any law enforce-
ment agency, fire department, rescue or emergency squad, or any
governmental agency in the event of an accident or other emergency
involving the use, handling, transportation, transmission, or storage
of liquefied petroleum gas, when the reasonably apparent circum-
stances require prompt decisions and actions, shall not be liable for
any civil damages resulting from any act of commission or omission on
his part in the course of his rendering such assistance unless such acts
or omissions amount to willful or wanton negligence or intentional
wrongdoing. Nothing in this Code Section shall be deemed or con-
strued to relieve any person from liability for civil damages: (1) where
the accident or emergency referred to above involved his own facili-
ties or equipment or (2) resulting from any act of commission or
omission on his part in the course of providing care or assistance in
the normal and ordinary course of conducting his own business or
2212
GENERAL ACTS AND RESOLUTIONS, VOL. I
profession, nor shall this section be construed to relieve from liability
for civil damages any other tortfeasor not referred to in this Code
Section.
(b) Nothing in subsection (a) of this Code Section applies to the
rendering of such care, assistance, or advice where the same is
rendered for remuneration beyond reimbursement for out-of-pocket
expenses in connection therewith, or with the expectation of such
remuneration, from the recipient or recipients of such care, assis-
tance, or advice or someone on his or their behalf.
(c) Subsection (a) of this Code Section shall not preclude liabil-
ity for civil damages as the result of gross negligence or intentional
misconduct. Reckless, willful, or wanton misconduct shall constitute
gross negligence.
Part 2
Section 2. Article 1 of Chapter 11 of Title 51 of the Official Code
of Georgia, relating to defenses to tort actions, is amended by adding
at the end thereof a new Code Section 51-11-8 to read as follows:
51-11-8. (a) Any person employed by a licensed compressed
gas dealer who provides assistance upon request of any law enforce-
ment agency, fire department, rescue or emergency squad, or any
governmental agency in the event of an accident or other emergency
involving the use, handling, transportation, transmission, or storage
of liquefied petroleum gas, when the reasonably apparent circum-
stances require prompt decisions and actions, shall not be liable for
any civil damages resulting from any act of commission or omission on
his part in the course of his rendering such assistance unless such acts
or omissions amount to willful or wanton negligence or intentional
wrongdoing. Nothing in this Code section shall be deemed or con-
strued to relieve any person from liability for civil damages: (1) where
the accident or emergency referred to above involved his own facili-
ties or equipment or (2) resulting from any act of commission or
omission on his part in the course of providing care or assistance in
the normal and ordinary course of conducting his own business or
profession, nor shall this Code section be construed to relieve from
liability for civil damages any other tortfeasor not referred to in this
Code section.
GEORGIA LAWS 1982 SESSION
2213
(b) Nothing in subsection (a) of this Code section applies to the
rendering of such care, assistance, or advice where the same is
rendered for remuneration beyond reimbursement for out-of-pocket
expenses in connection therewith, or with the expectation of such
remuneration, from the recipient or recipients of such care, assis-
tance, or advice or someone on his or their behalf.
(c) Subsection (a) of this Code section shall not preclude liability
for civil damages as the result of gross negligence or intentional
misconduct. Reckless, willful, or wanton misconduct shall constitute
gross negligence.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
2214
GENERAL ACTS AND RESOLUTIONS, VOL. I
CRIMES DOGFIGHTING.
Code Sections 26-2714, 16-12-36
Enacted.
No. 1522 (Senate Bill No. 463).
AN ACT
To amend Code Chapter 26-27, relating to gambling and related
offenses, as amended, so as to make certain activities involving
fighting dogs unlawful; to provide a penalty; to amend the Official
Code of Georgia Annotated accordingly; to provide effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 26-27, relating to gambling and related
offenses, as amended, is amended by adding at the end thereof a new
Code section, to be designated Code Section 26-2714, to read as
follows:
26-2714. Dogfighting, (a) It shall be unlawful for any person
to cause or allow a dog to fight another dog for sport or gaming
purposes or to maintain or operate any event at which dogs are
allowed or encouraged to fight one another.
(b) Any person violating any provision of subsection (a) shall be
guilty of a felony and, upon conviction thereof, shall be punished by a
mandatory fine of $5,000.00 or a mandatory fine of $5,000.00 and
imprisonment for not less than one nor more than five years.
Part 2
Section 2. Part 1 of Article 2 of Chapter 12 of Title 16 of the
Official Code of Georgia Annotated, relating to gambling and related
offenses, is amended by adding a new Code Section 16-12-36 to read
as follows:
16-12-36. (a) A person commits the offense of dogfighting
when he causes or allows a dog to fight another dog for sport or
GEORGIA LAWS 1982 SESSION
2215
gaining purposes or maintains or operates any event at which dogs are
allowed or encouraged to fight one another.
(b) A person convicted of the offense of dogfighting shall be
punished by a mandatory fine of $5,000.00 or by a mandatory fine of
$5,000.00 and imprisonment for not less than one year nor more than
five years.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
CRIMES METHAQUALONE.
Code Section 16-13-31 Amended.
No. 1523 (Senate Bill No. 479).
AN ACT
To amend Code Section 16-13-31 of the Official Code of Georgia
Annotated, relating to trafficking in cocaine, illegal drugs, or mari-
juana, so as to change the provisions relating to possession of cocaine,
heroin, and marijuana; to create certain additional crimes relating to
the drug methaqualone; to prescribe mandatory minimum terms of
2216
GENERAL ACTS AND RESOLUTIONS, VOL. I
imprisonment for certain violations thereof; to 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 16-13-31 of the Official Code of Georgia
Annotated, relating to trafficking in cocaine, illegal drugs, or mari-
juana, is amended to read as follows:
16-13-31. (a) Any person who knowingly sells, manufactures,
delivers, or brings into this state or who is knowingly in actual
possession of 28 grams or more of cocaine or of any mixture contain-
ing cocaine, as described in Schedule II, in violation of this article
commits the felony offense of trafficking in cocaine and, upon convic-
tion thereof, shall be punished as follows:
(1) If the quantity of the cocaine or the mixture involved is
28 grams or more, but less than 200 grams, the person shall be
sentenced to a mandatory minimum term of imprisonment of five
years and shall pay a fine of $50,000.00;
(2) If the quantity of the cocaine or the mixture involved is
200 grams or more, but less than 400 grams, the person shall be
sentenced to a mandatory minimum term of imprisonment of
seven years and shall pay a fine of $100,000.00; and
(3) If the quantity of the cocaine or the mixture involved is
400 grams or more, the person shall be sentenced to a mandatory
minimum term of imprisonment of 15 years and shall pay a fine of
$250,000.00.
(b) Any person who knowingly sells, manufactures, delivers,
brings into this state, or has actual possession of four grams or more of
any morphine or opium or any salt, isomer, or salt of an isomer
thereof, including heroin, as described in Schedules I and II, or four
grams or more of any mixture containing any such substance in
violation of this article commits the felony offense of trafficking in
illegal drugs and, upon conviction thereof, shall be punished as
follows:
(1) If the quantity of such substances involved is four grams
or more, but less than 14 grams, the person shall be sentenced to a
mandatory minimum term of imprisonment of five years and shall
pay a fine of $50,000.00;
GEORGIA LAWS 1982 SESSION
2217
(2) If the quantity of such substances involved is 14 grams
or more, but less than 28 grams, the person shall be sentenced to a
mandatory minimum term of imprisonment of ten years and shall
pay a fine of $100,000.00; and
(3) If the quantity of such substances involved is 28 grams
or more, the person shall be sentenced to a mandatory minimum
term of imprisonment of 25 years and shall pay a fine of
$500,000.00.
(c) Any person who knowingly sells, manufactures, grows, deliv-
ers, brings into this state, or has actual possession of a quantity of
marijuana exceeding 100 pounds commits the offense of trafficking in
marijuana and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of marijuana involved is in excess of 100
pounds, but less than 2,000 pounds, the person shall be sentenced
to a mandatory minimum term of imprisonment of five years and
shall pay a fine of $25,000.00;
(2) If the quantity of marijuana involved is 2,000 pounds or
more, but less than 10,000 pounds, the person shall be sentenced
to a mandatory minimum term of imprisonment of seven years
and shall pay a fine of $50,000.00; and
(3) If the quantity of marijuana involved is 10,000 pounds or
more, the person shall be sentenced to a mandatory minimum
term of imprisonment of 15 years and shall pay a fine of
$200,000.00.
(d) Any person who knowingly sells, manufactures, delivers or
brings into this state or who is knowingly in actual possession of 4,000
grams or more of methaqualone or of any mixture containing metha-
qualone, as described in Schedule II, in violation of this article
commits the felony offense of trafficking in methaqualone and, upon
conviction thereof, shall be punished as follows:
(1) If the quantity of the methaqualone or the mixture
involved is 4,000 grams or more, but less than 20,000 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of five years and shall pay a fine of $50,000.00;
2218
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) If the quantity of the methaqualone or the mixture
involved is 20,000 grams or more, but less than 75,000 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of seven years and shall pay a fine of $100,000.00;
and
(3) If the quantity of the methaqualone or the mixture
involved is 75,000 grams or more, the person shall be sentenced to
a mandatory minimum term of imprisonment of 15 years and shall
pay a fine of $250,000.00.
(e) Notwithstanding Code Section 16-13-2, with respect to any
person who is found to have violated this Code section, adjudication
of guilt or imposition of sentence shall not be suspended, probated,
deferred, or withheld prior to serving the mandatory minimum term
of imprisonment prescribed by this Code section.
(f) Any person who violates any provision of Section 16-13-31, in
regard to trafficking in cocaine, illegal drugs or marijuana shall be
punished by imprisonment for not less than five years nor more than
30 years and by a fine not to exceed $500,000.00.
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 22,1982.
GEORGIA LAWS 1982 SESSION
2219
FINANCIAL INSTITUTIONS REPORTS OF
CERTAIN CURRENCY TRANSACTIONS.
Code Title 7, Chapter 1 Amended.
No. 1524 (Senate Bill No. 480).
AN ACT
To amend Chapter 1 of Title 7 of the Official Code of Georgia
Annotated, relating to financial institutions, so as to require the
reporting of certain currency transactions in excess of $10,000.00
made with financial institutions; to provide for purpose; to define
certain terms; to provide for records and reports; to provide for
administration by the Department of Banking and Finance of the
State of Georgia and the commissioner of banking and finance; to
provide for rules and regulations; to provide for civil penalties; to
provide for criminal penalties; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 1 of Title 7 of the Official Code of Georgia
Annotated, relating to financial institutions, is amended by adding at
the end thereof, immediately following Article 10, a new Article 11 to
read as follows:
ARTICLE 11
7-1-910. It is the purpose of this article to require certain reports
and records of transactions involving United States currency where
such reports and records have a high degree of usefulness in criminal,
tax, or regulatory investigations or proceedings.
7-1-911. As used in this article, the term:
(1) Commissioner means the commissioner of banking and
finance.
(2) Currency means currency and coin of the United
States.
2220
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Department means the Department of Banking and
Finance of the State of Georgia.
(4) Financial institution means:
(A) A state or national bank;
(B) A trust company;
(C) A building and loan association, state savings and
loan association, or a federal savings and loan association;
(D) A state or federal credit union; or
(E) An international bank agency doing business in this
state on April 1,1975, pursuant to the former International
Bank Agency Act, approved April 6, 1972 (Ga. L. 1972, p.
1140), or authorized to do business in this state pursuant to
Article 5 of this chapter.
(5) Person means natural persons, partnerships, trusts,
estates, associations, corporations, and all entities cognizable as
legal personalities.
7-1-912. (a) Every financial institution shall keep a record of
currency transactions in excess of $10,000.00 and shall file with the
department within 15 days of the date of the transaction pursuant to
regulations prescribed by the commissioner a complete report of such
currency transactions in excess of $10,000.00, provided the depart-
ment shall be notified by telephone or by wire before the close of
business on the next succeeding business day whenever such currency
transaction shall be in an amount exceeding $25,000.00.
(b) The commissioner shall prescribe such regulations as he may
deem appropriate to carry out the purposes of this article and to
provide for exemption of such transactions as the commissioner
determines are clearly of a legitimate nature for which mandatory
reporting would serve no useful purpose.
7-1-913. The Georgia Bureau of Investigation and the Depart-
ment of Revenue shall have access to and shall be authorized to
inspect and copy any reports filed with the department pursuant to
this article.
GEORGIA LAWS 1982 SESSION
2221
7-1-914. (a) For each willful violation of this article, the com-
missioner may assess upon any financial institution and upon any
director, officer, or employee thereof who willfully participates in the
violation a civil penalty not exceeding $1,000.00.
(b) In the event of the failure of any person to pay any penalty
assessed under this Code section, a civil action for recovery thereof
may, in the discretion of the commissioner, be brought in the name of
the State of Georgia.
7-1-915. (a) Except as provided in subsection (b), whoever
willfully violates any provision of this article shall be guilty of a
misdemeanor.
(b) Whoever willfully violates any provision of this article where
the violation is:
(1) Committed in furtherance of the commission of any
other violation of Georgia law; or
(2) Committed as part of a pattern of illegal activity involv-
ing transactions exceeding $100,000.00 in any 12 month period
shall be guilty of a felony and, upon conviction thereof, shall be
punished by a fine of not more than $500,000.00 or by imprisonment
for not more than five years, or both.
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
2222
GENERAL ACTS AND RESOLUTIONS, VOL. I
LICENSURE OF PRACTICAL NURSES.
Code Section 43-26-39 Amended.
No. 1525 (Senate Bill No. 498).
AN ACT
To amend an Act providing for the licensure of practical nurses,
approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 333), as
amended, so as to provide for the continuation of the Georgia Board
of Examiners of Licensed Practical Nurses and the laws relating
thereto but to provide for the later termination of that board and
those laws; to amend Article 2 of Chapter 26 of Title 43 of the Official
Code of Georgia Annotated, relating to the licensure of practical
nurses, so as to provide for the same changes described above; to
provide for effective dates and automatic repeal; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act providing for the licensure of practical nurses,
approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 333), as
amended, is amended by adding immediately following Section 11
thereof a new Section 11.1 to read as follows:
Section 11.1. Pursuant to Section 9 of The Act Providing for
the Review, Continuation, Reestablishment, or Termination of Regu-
latory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as
now or hereafter amended, the Georgia Board of Examiners of
Licensed Practical Nurses and the laws relating thereto are continued
until July 1,1988, 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
GEORGIA LAWS 1982 SESSION
2223
collect any license fees which were not due and payable prior to the
date of termination of the board.
Part 2
Section 2. Article 2 of Chapter 26 of Title 43 of the Official Code
of Georgia Annotated, relating to the licensure of practical nurses, is
amended by striking Code Section 43-26-39, which reads as follows:
43-26-39. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the Georgia Board of Examiners of
Licensed Practical Nurses shall be terminated on July 1, 1982, and
this article and any other laws relating to such board shall be repealed
in their entirety effective on the date specified in Code Section 43-2-
8.,
and inserting in its place a new Code Section 43-26-39 to read as
follows:
43-26-39. Pursuant to Code Section 43-2-3 of the Official Code
of Georgia Annotated, relating to the continuation or reestablishment
of regulatory agencies, the Georgia Board of Examiners of Licensed
Practical Nurses and the laws relating thereto are continued until
July 1,1988, 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.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
2224
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
GEORGIA STATE OCCUPATIONAL THERAPY
LICENSING ACT.
Code Title 43, Chapter 28 Amended.
No. 1526 (Senate Bill No. 540).
AN ACT
To amend an Act known as the Georgia State Occupational
Therapy Licensing Act, approved March 31, 1976 (Ga. L. 1976, p.
993), as amended, so as to continue the Georgia State Board of
Occupational Therapy and the laws relating thereto but to provide for
the later termination of that board and those laws; to amend Chapter
28 of Title 43 of the Official Code of Georgia Annotated, relating to
occupational therapists, so as to provide for the same changes
described above as well as to delete certain annual report require-
ments; to change certain exemptions; to provide for effective dates
and automatic repeal; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act known as the Georgia State Occupational
Therapy Licensing Act, approved March 31, 1976 (Ga. L. 1976, p.
GEORGIA LAWS 1982 SESSION
2225
993), as amended, is amended by adding at the end of Section 4
thereof a new subsection (f) to read as follows:
(f) Pursuant to Section 9 of The Act Providing for the Review,
Continuation, Reestablishment or Termination of Regulatory Agen-
cies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or
hereafter amended, the Georgia State Board of Occupational Ther-
apy and the laws relating thereto are continued until July 1,1988, 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.
Part 2
Section 2. Chapter 28 of Title 43 of the Official Code of Georgia
Annotated, relating to occupational therapists, is amended by strik-
ing from said chapter subsection (h) of Code Section 43-28-7, which
reads as follows:
(h) The board shall make an annual report to the Governor not
later than November 15 of each year, which report shall contain an
account of duties performed, actions taken, and appropriate recom-
mendations.
Section 3. Said title is further amended by striking from said
chapter paragraphs (5) and (6) of Code Section 43-28-15, which read
as follows:
(5) Any person performing occupational therapy services in
this state not licensed under this chapter if such services are per-
formed for no more than 90 consecutive days a calendar year in
2226
GENERAL ACTS AND RESOLUTIONS, VOL. I
association with an occupational therapist licensed under this chap-
ter, if such person meets the qualifications for license under this
chapter, except for the qualifying examination;
(6) Any person performing occupational therapy services in the
state not licensed under this chapter and if such services are per-
formed for no more than 180 consecutive calendar days in a calendar
year, if:
(A) Such a person is licensed under the law of another state
which has licensure requirements at least as stringent as the
requirements of this chapter; or
(B) Such a person meets the requirements for certification
as an occupational therapist registered (OTR) or a certified occu-
pational therapy assistant (COTA) established by the American
Occupational Therapy Association;,
by inserting in their place a new paragraph (5) to read as follows:
(5) Any person performing occupational therapy services as a
consultant in association with an occupational therapist licensed
under this chapter if such services are performed for not more than 30
days in a calendar year.,
and by redesignating paragraphs (7) and (8) as paragraphs (6) and (7),
respectively.
Section 4. Said title is further amended by striking from said
chapter Code Section 43-28-17, which reads as follows:
43-28-17. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the State Board of Occupational
Therapy shall be terminated on July 1,1982, and this chapter and any
other laws relating to such board shall be repealed in their entirety
effective on the date specified in Code Section 43-2-8.,
and inserting in its place a new Code Section 43-28-17 to read as
follows:
43-28-17. Pursuant to Code Section 43-2-3 of the Official Code
of Georgia Annotated, relating to the continuation or reestablishment
GEORGIA LAWS 1982 SESSION
2227
of regulatory agencies, the State Board of Occupational Therapy and
the laws relating thereto are continued until July 1, 1988, 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.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
2228
GENERAL ACTS AND RESOLUTIONS, VOL. I
HOUSING AUTHORITIES LAW AMENDED,
GEORGIA RESIDENTIAL FINANCE AUTHORITY
ACT AMENDED.
Code Title 8, Chapter 3 Amended.
No. 1527 (Senate Bill No. 550).
AN ACT
To amend the Act known as the Housing Authorities Law,
approved March 30,1937 (Ga. L. 1937, p. 210), as amended, so as to
authorize authorities to purchase mortgage loans and other appropri-
ate forms of collateral and participation interests therein from mort-
gage lenders and other holders of such loans and collateral to provide
financing for dwelling units suitable for occupancy by persons and
families of low and moderate income; to authorize authorities to make
loans to owners and loans to mortgage lenders to finance dwelling
units suitable for occupancy by persons and families of low and
moderate income; to authorize authorities to mortgage, pledge,
assign, or grant security interests in such mortgage loans and other
collateral to secure payment of bonds of the authority; to provide that
bonds of authorities issued for such purposes may be sold at public or
private sale without public advertisement; to provide necessary defi-
nitions; to amend an Act known as the Georgia Residential Finance
Authority Act, approved March 26, 1974 (Ga. L. 1974, p. 975), as
amended, so as to change the provisions relating to the state ceiling on
single-family residential housing bonds; to change the provisions
relating to allocation of single-family residential housing bonds; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide effective dates; to provide for specific repeal; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. The Act known as the Housing Authorities Law,
approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, is
amended by adding at the end of Section 3 new subsections (o), (p),
(q), (r), (s), (t), and (u) to read as follows:
GEORGIA LAWS 1982 SESSION
2229
(o) Low and moderate income families shall mean persons and
families of one or more persons, irrespective of race, creed, national
origin, or sex determined by the Authority to require such assistance
as is made available by this Act on account of insufficient personal or
family income, taking into consideration, without limitation, such
factors as:
(1) The amount of total income of such persons and families
available for housing needs;
(2) The size of the families;
(3) The cost and condition of housing facilities available;
(4) The ability of such persons and families to compete
successfully in the normal private housing market and to pay the
amounts at which private enterprise is providing sanitary, decent,
and safe housing; and
(5) If appropriate, standards established for various federal
programs with respect to housing determining eligibility based on
income of such persons and families.
(p) Eligible housing unit shall mean real and personal property
located in the State constituting single or multifamily dwelling units
suitable for occupancy by low and moderate income families and such
community facilities as may be incidental or appurtenant thereto.
(q) Mortgage lenders shall mean national banking associations,
banks chartered under the laws of the State, savings and building and
loan associations chartered under the laws of the State or of the
United States of America, the Federal National Mortgage Associa-
tion, and federal or state credit unions. The term shall also include
mortgage bankers and other financial institutions or governmental
agencies which are authorized to deal in mortgages insured or guaran-
teed by the Federal Government and other entities authorized to
extend loans to single-family or multifamily housing under the laws of
the State.
(r) Mortgage loans shall mean notes and other evidences of
indebtedness secured by mortgages.
2230
GENERAL ACTS AND RESOLUTIONS, VOL. I
(s) Mortgaged property shall mean all properties, real, per-
sonal, and mixed, and all interests therein, including grants or
subsidies with respect thereto, mortgaged, pledged or otherwise pro-
vided in any manner as security for mortgage loans or loans to
mortgage lenders.
(t) Mortgages shall mean security deeds, mortgages, deeds of
trust and other instruments granting security interests in real and
personal properties constituting eligible housing units.
(u) Community facilities shall mean the land, buildings,
improvements and equipment for such recreational, community,
educational, and commercial facilities as the Authority determines
improve the quality of an eligible housing unit.
Section 2. Said Act is further amended by adding between
Sections 8A and 9 thereof a new Section 8B to read as follows:
Section 8B. (a) It is hereby found and declared that from time to
time there has existed and at the present time there exists an
inadequate supply of funds at interest rates sufficiently low to enable
the financing of safe and sanitary single and multifamily dwelling
units for citizens of the State with low and moderate income; that the
inability to finance such single and multifamily dwelling units results
in an inability of builders to construct such housing, causing unem-
ployment or underemployment in the housing construction and
related businesses and causing a lack of safe and sanitary housing to
be available to persons of low and moderate income; that such
unemployment or underemployment in the housing construction and
related businesses and an inadequate supply of safe and sanitary
housing for persons of low and moderate income wastes human
resources, increases the public assistance burden of the State, impairs
the security of family life, impedes the economic and physical devel-
opment of the State, adversely affects the welfare and prosperity of
all of the people of the State and accordingly creates and fosters
conditions adverse to the general health and and welfare of the
citizens of the State; that the making available in the manner
provided in this section of a more adequate supply of funds at interest
rates sufficiently low to enable the financing of safe and sanitary
single and multifamily dwelling units for citizens of low and moderate
income will result in the alleviation or reduction of the adverse
consequences which have resulted and may result from continued
unemployment and underemployment in the housing construction
GEORGIA LAWS 1982 SESSION
2231
and related businesses and the inadequate supply of such housing for
persons of low and moderate income.
(b) In addition to the powers otherwise granted in this Act, any
Authority shall have the following powers:
(1) To purchase mortgage loans, other forms of collateral
and participations therein from mortgage lenders and other hold-
ers of such collateral and to make commitments therefor;
(2) To contract with mortgage lenders for the origination of,
or the servicing of, mortgage loans to be made by such mortgage
lenders to finance eligible housing units, within the Authoritys
area of operation and the servicing of the mortgages securing such
mortgage loans;
(3) To make loans to mortgage lenders, provided that:
(A) The proceeds of such loans shall be required to be
used by such mortgage lenders for the making of mortgage
loans to finance eligible housing units within the Authoritys
area of operation; and
(B) If required by the Authority, the mortgages in
connection with the mortgage loans so made, together with
any additional security required by the Authority, shall be
mortgaged, pledged, assigned or otherwise provided as secu-
rity for such loans to mortgage lenders;
(4) To issue bonds from time to time, in its discretion, to
provide funds to purchase mortgage loans or other forms of
collateral or participation interests therein from mortgage lenders
and to make loans to mortgage lenders and to make direct loans
for eligible housing units as herein authorized and to issue refund-
ing bonds for the purpose of refunding or retiring bonds previ-
ously issued by it for any such purpose, in accordance with the
provisions of this Act, which may include (but are not limited to)
bonds on which the principal and the interest are payable:
(A) Exclusively from the income and revenues of the
Authority from one or more specified mortgage loans or other
forms of collateral or participation interests therein or from
one or more specific loans to mortgage lenders, regardless of
2232
GENERAL ACTS AND RESOLUTIONS, VOL. I
whether such mortgage loans or other forms of collateral or
participation interests therein were purchased or such loans
to mortgage lenders were made from the proceeds of such
bonds; or
(B) From revenues of the Authority generally that are
not otherwise pledged or obligated;
(5) To exercise any and all rights accorded to the owner and
holder of a mortgage under and in accordance with the terms of
said instrument and the applicable laws of the State with respect
to the mortgaged property, directly or through mortgage lenders
or others acting on behalf of the Authority or on behalf of the
holders of its bonds, including, but without limitation, the power
to foreclose, to forebear enforcement of any remedy on such terms
as the Authority shall deem appropriate, to sell the equity of
redemption, to purchase the equity of redemption and otherwise
to sell and dispose of the mortgaged property, all as shall seem in
the best interest of the Authority and the holders of its bonds; and
(6) To mortgage, pledge, assign, or grant security interests
in any or all of its mortgage loans or other collateral or partici-
pations therein, its mortgages and any interest of the Authority
created thereby in the underlying real and personal properties
covered by such mortgages as security for the payment of the
principal of, and interest on, any bonds issued by the Authority, or
as security for any agreements made in connection therewith,
whether then owned or thereafter acquired, and to pledge the
revenues from which bonds are payable as security for the pay-
ment of the principal of and interest on said bonds and any
agreements made in connection therewith.
(c) No eligible housing unit shall become subject to the provi-
sions of Section 9 or Section 10 of this Act or entitled to the benefits of
Section 21 of this Act solely by reason of having been financed,
directly or indirectly, with proceeds of bonds issued by an Authority
for the purposes described in this section.
(d) Any bonds issued by an Authority as permitted under the
terms of this Act which are issued for the purposes described in this
section shall be issued in accordance with the provisions of this Act,
except that such bonds may be sold at any price which shall be
approved by the Authority and may be sold at public or private sale
without any public advertisement.
GEORGIA LAWS 1982 SESSION
2233
(e) Bonds of an Authority which are issued for the purposes
described in this section shall be confirmed and validated in accord-
ance with the procedures set forth in the Act known as the Revenue
Bond Law, as amended, and the judgment of validation shall have
the same effect as is provided in said Revenue Bond Law.
(f) Any action pertaining to issuance of bonds of an Authority
issued for the purposes described in this section, the rights of the
holders thereof or the security therefor, and any action pertaining to
the validation of any such bonds, shall be brought in the superior
court of the county in which the eligible housing units to be financed
with proceeds of such bonds are located, or if such eligible housing
units shall be located in more than one county, in the superior court of
any county where any of such eligible housing units are situated.
Part 2
Section 3. An Act known as the Georgia Residential Finance
Authority Act, approved March 26, 1974 (Ga. L. 1974, p. 975), as
amended, is amended by striking subsection (g) of Section 7, which
reads as follows:
(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
2234
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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.,
in its entirety and substituting in lieu thereof a new subsection (g) to
read as follows:
(g) (1) As used in this subsection, urban residential finance
authority means an authority created pursuant to the Urban
Residential Finance Authorities Act for Large Municipalities,
approved April 18, 1979 (Ga. L. 1979, p. 4662), as amended; and
housing authority means an authority created pursuant to the
Housing Authorities Law, approved March 30,1937 (Ga. L. 1937,
p. 210), as amended.
(2) 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, urban residential finance
authorities, and housing authorities as provided in this subsection.
(3) (A) Subject to the limitations of subsection (a) of
Section 9 of this Act, the Georgia Residential Finance
Authority may issue single family residential housing bonds
for any calendar year in an amount not to exceed 70% of the
ceiling for that year.
(B) Subject to the limitations provided by the laws
applicable to such authorities, all of the urban residential
finance authorities may issue single family residential hous-
ing bonds for any calendar year in an amount not to exceed
15 % of the state ceiling for that year.
GEORGIA LAWS 1982 SESSION
2235
(C) Subject to the limitations provided by the laws
applicable to such authorities, all of the housing authorities
may issue single family residential housing bonds for any
calendar year in an amount not to exceed 15% of the state
ceiling for that year.
(4) Each housing authority wishing to participate in the
allocation specified in subparagraph (C) of paragraph (3) of this
subsection shall submit to the executive director of the Georgia
Residential Finance Authority:
(A) A resolution adopted by the board of directors of
the housing authority stating the need and the intention of
the authority to issue bonds for single family residential units
and stating the amount of the bond issue requested; and
(B) A duplicate original of a signed agreement between
the housing authority and a proposed underwriter or pur-
chaser of the bonds evidencing the underwriters or pur-
chasers intention to buy the bonds.
(5) Upon the receipt of the material specified in paragraph
(4) of this subsection, the Georgia Residential Finance Authority
shall commit to the housing authority which submitted the mate-
rial the amount of the bonds requested from the allocation speci-
fied in subparagraph (C) of paragraph (3) of this subsection. Such
commitment shall be binding for 120 days following the receipt by
the Georgia Residential Finance Authority of the material speci-
fied in paragraph (4) of this subsection.
(6) If a housing authority which requested a bond issue
under paragraph (4) of this subsection fails to sell the bonds
within the 120 day period specified in paragraph (5) of this
subsection, the commitment made under said paragraph (5) shall
be null and void. If the bonds are sold by the housing authority,
the authority shall notify the executive director of the Georgia
Residential Finance Authority, and the allocation for housing
authorities shall be reduced by the amount of the bonds sold.
(7) Any unused portion of any allocation amount not com-
mitted for bond sale by September 1 of each calendar year shall be
made available after that date to any authority specified in
subparagraphs (A), (B), and (C) of paragraph (3) of this subsec-
2236
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion; but any bond sale approved after September 1 shall be
subject to the procedures specified in paragraph (4) of this subsec-
tion.
(8) When the total amount of an allocation has been com-
mitted for bond sale, the executive director of the Georgia Resi-
dential Finance Authority shall notify the authorities affected by
such allocation.
Part 3
Section 4. Article 1 of Chapter 3 of Title 8 of the Official Code of
Georgia Annotated, known as the Housing Authorities Law, is
amended by adding immediately following Code Section 8-3-3 a new
Code Section 8-3-3.1 to read as follows:
8-3-3.1. As used in this article, the term:
(1) Community facilities means the land, buildings,
improvements, and equipment for such recreational, community,
educational, and commercial facilities as the authority determines
improve the quality of an eligible housing unit.
(2) Eligible housing unit means real and personal property
located in the state constituting single or multifamily dwelling
units suitable for occupancy by low and moderate income families
and such community facilities as may be incidental or appurte-
nant thereto.
(3) Low and moderate income families means persons and
families of one or more persons, irrespective of race, creed,
national origin, or sex determined by the authority to require such
assistance as is made available by this article on account of
insufficient personal or family income, taking into consideration,
without limitation, such factors as:
(A) The amount of total income of such persons and
families available for housing needs;
(B) The size of the families;
(C) The cost and condition of housing facilities
available;
GEORGIA LAWS 1982 SESSION
2237
(D) The ability of such persons and families to compete
successfully in the normal private housing market and to pay
the amounts at which private enterprise is providing sanitary,
decent, and safe housing; and
(E) If appropriate, standards established for various
federal programs with respect to housing determining eligibil-
ity based on income of such persons and families.
(4) Mortgage lenders means national banking associations,
banks chartered under the laws of the state, savings and building
and loan associations chartered under the laws of the state or of
the United States of America, the Federal National Mortgage
Association, and federal or state credit unions. The term shall also
include mortgage bankers and other financial institutions or
governmental agencies which are authorized to deal in mortgages
insured or guaranteed by the federal government and other enti-
ties authorized to extend loans for single or multifamily housing
under the laws of the state.
(5) Mortgage loans means notes and other evidences of
indebtedness secured by mortgages.
(6) Mortgaged property means all properties, real, per-
sonal, and mixed, and all interests therein, including grants or
subsidies with respect thereto, mortgaged, pledged, or otherwise
provided in any manner as security for mortgage loans or loans to
mortgage lenders.
(7) Mortgages means security deeds, mortgages, deeds of
trust, and other instruments granting security interests in real and
personal properties constituting eligible housing units.
Section 5. Said Article 1 of Chapter 3 of Title 8 of the Official
Code of Georgia Annotated, known as the Housing Authorities
Law, is further amended by adding immediately following Code
Section 8-3-34 a new Code Section 8-3-35 to read as follows:
8-3-35. (a) It is found and declared that from time to time there
has existed and at the present time there exists an inadequate supply
of funds at interest rates sufficiently low to enable the financing of
safe and sanitary single and multifamily dwelling units for citizens of
the state with low and moderate income; that the inability to finance
2238
GENERAL ACTS AND RESOLUTIONS, VOL. I
such single and multifamily dwelling units results in an inability of
builders to construct such housing, causing unemployment or under-
employment in the housing construction and related businesses and
causing a lack of safe and sanitary housing to be available to persons
of low and moderate income; that such unemployment or underem-
ployment in the housing construction and related businesses and an
inadequate supply of safe and sanitary housing for persons of low and
moderate income wastes human resources, increases the public assis-
tance burden of the state, impairs the security of family life, impedes
the economic and physical development of the state, adversely affects
the welfare and prosperity of all of the people of the state and
accordingly creates and fosters conditions adverse to the general
health and welfare of the citizens of the state; that the making
available in the manner provided in this Code section of a more
adequate supply of funds at interest rates sufficiently low to enable
the financing of safe and sanitary single and multifamily dwelling
units for citizens of low and moderate income will result in the
alleviation or reduction of the adverse consequences which have
resulted and may result from continued unemployment and under-
employment in the housing construction and related businesses and
the inadequate supply of such housing for persons of low and moder-
ate income.
(b) In addition to the powers otherwise granted in this article,
any authority shall have the following powers:
(1) To purchase mortgage loans or other forms of collateral
and participations therein from mortgage lenders and other hold-
ers of such collateral and to make commitments therefor;
(2) To contract with mortgage lenders for the origination of,
or the servicing of, mortgage loans to be made by such mortgage
lenders to finance eligible housing units within the authoritys
area of operation and the servicing of the mortgages securing such
mortgage loans;
(3) To make loans to mortgage lenders, provided that:
(A) The proceeds of such loans shall be required to be
used by such mortgage lenders for the making of mortgage
loans to finance eligible housing units within the authoritys
area of operation; and
GEORGIA LAWS 1982 SESSION
2239
(B) If required by the authority, the mortgages in con-
nection with the mortgage loans so made, together with any
additional security required by the authority, shall be mort-
gaged, pledged, assigned, or otherwise provided as security for
such loans to mortgage lenders;
(4) To issue bonds from time to time, in its discretion, to
provide funds to purchase mortgage loans or other forms of
collateral or participation interests therein from mortgage lenders
and to make loans to mortgage lenders and to make direct loans
for eligible housing units as authorized in this Code section and to
issue refunding bonds for the purpose of refunding or retiring
bonds previously issued by it for any such purpose, in accordance
with the provisions of this article, which may include, but are not
limited to, bonds on which the principal and the interest are
payable:
(A) Exclusively from the income and revenues of the
authority from one or more specified mortgage loans or other
forms of collateral or participation interests therein from one
or more specific loans to mortgage lenders, regardless of
whether such mortgage loans or other forms of collateral or
participation interests therein were purchased or such loans
to mortgage lenders were made from the proceeds of such
bonds; or
(B) From revenues of the authority generally that are
not otherwise pledged or obligated;
(5) To exercise any and all rights accorded to the owner and
holder of a mortgage under and in accordance with the terms of
said instrument and the applicable laws of the state with respect
to the mortgaged property, directly or through mortgage lenders
or others acting on behalf of the authority or on behalf of the
holders of its bonds, including, but without limitation, the power
to foreclose, to forebear enforcement of any remedy on such terms
as the authority shall deem appropriate, to sell the equity of
redemption, to purchase the equity of redemption, and otherwise
to sell and dispose of the mortgaged property, all as shall seem in
the best interest of the authority and the holders of its bonds; and
(6) To mortgage, pledge, assign, or grant security interests
in any or all of its mortgage loans or other collateral or partici-
2240
GENERAL ACTS AND RESOLUTIONS, VOL. I
pation interests therein, its mortgages, and any interest of the
authority created thereby in the underlying real and personal
properties covered by such mortgages as security for the payment
of the principal of, and interest on, any bonds issued by the
authority, or as security for any agreements made in connection
therewith, whether then owned or thereafter acquired, and to
pledge the revenues from which bonds are payable as security for
the payment of the principal of and interest on said bonds and any
agreements made in connection therewith.
(c) No eligible housing unit shall become subject to the provi-
sions of Code Section 8-3-11 or Code Section 8-3-12 or entitled to the
benefits of Code Section 8-3-8 solely by reason of having been
financed, directly or indirectly, with proceeds of bonds issued by an
authority for the purposes described in this Code section.
(d) Any bonds issued by an authority as permitted under the
terms of this article which are issued for the purposes described in
this Code section shall be issued in accordance with the provisions of
this article, except that such bonds may be sold at any price which
shall be approved by the authority and may be sold at public or
private sale without any public advertisement.
(e) Bonds of an authority which are issued for the purposes
described in this Code section shall be confirmed and validated in
accordance with the procedures set forth in Article 3 of Chapter 82 of
Title 36 known as the Revenue Bond Law, and the judgment of
validation shall have the same effect as is provided in said Revenue
Bond Law.
(f) Any action pertaining to issuance of bonds of an authority
issued for the purposes described in this Code section, the rights of
the holders thereof or the security therefor, and any action pertaining
to the validation of any such bonds, shall be brought in the superior
court of the county in which the eligible housing units to be financed
with proceeds of such bonds are located, or if such eligible housing
units shall be located in more than one county, in the superior court of
any county where any of such eligible housing units are situated.
Part 4
Section 6. Code Section 8-3-176 of the Official Code of Georgia
Annotated, relating to the general powers of the Georgia Residential
GEORGIA LAWS 1982 SESSION
2241
Finance Authority, is amended by striking subsection (g), which reads
as follows:
(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 Code
Section 8-3-180, the Georgia Residential Finance Authority may
issue single-family residential housing bonds for any calendar year
in an amount not to exceed 85 percent of the state ceiling for that
year, except as otherwise provided by paragraph (2) of this subsec-
tion for calendar year 1981;
(2) Subject to the limitations of Section 8 of the Urban
Residential Finance Authority Act for Large Municipalities (Ga.
L. 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 hous-
ing bonds for any calendar year in a combined amount to exceed
15 percent 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 million;
(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) of this
subsection, the Georgia Residential Finance Authority is further
authorized to issue additional single-family residential housing
bonds in an amount equal to the unused portion of the state
ceiling authorized for the urban residential finance authorities.
Indication of an intent to issue bonds shall be by official board
action of the urban residential finance authority and by the
provision of written notification thereof to the Georgia State
Financing and Investment Commission.,
in its entirety and substituting in lieu thereof a new subsection (g) to
read as follows:
2242 GENERAL ACTS AND RESOLUTIONS, VOL. I
(g) (1) As used in this subsection, urban residential finance
authority means an authority created pursuant to the Urban
Residential Finance Authorities Act for Large Municipalities,
approved April 18, 1979 (Ga. L. 1979, p. 4662), as amended; and
housing authority means an authority created pursuant to Arti-
cle 1 of this chapter, known as the Housing Authorities Law.
(2) 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, urban residential finance
authorities, and housing authorities as provided in this subsection.
(3) (A) Subject to the limitations of Code Section 8-3-180,
the Georgia Residential Finance Authority may issue single-
family residential housing bonds for any calendar year in an
amount not to exceed 70 percent of the ceiling for that year.
(B) Subject to the limitations provided by the laws
applicable to such authorities, all of the urban residential
finance authorities may issue single-family residential hous-
ing bonds for any calendar year in an amount not to exceed 15
percent of the state ceiling for that year.
(C) Subject to the limitations provided by the laws
applicable to such authorities, all of the housing authorities
may issue single-family residential housing bonds for any
calendar year in an amount not to exceed 15 percent of the
state ceiling for that year.
(4) Each housing authority wishing to participate in the
allocation specified in subparagraph (C) of paragraph (3) of this
subsection shall submit to the executive director of the Georgia
Residential Finance Authority:
(A) A resolution adopted by the board of directors of
the housing authority stating the need and the intention of
the authority to issue bonds for single-family residential units
and stating the amount of the bond issue requested; and
(B) A duplicate original of a signed agreement between
the housing authority and a proposed underwriter or pur-
chaser of the bonds evidencing the underwriters or pur-
chasers intention to buy the bonds.
GEORGIA LAWS 1982 SESSION
2243
(5) Upon the receipt of the material specified in paragraph
(4) of this subsection, the Georgia Residential Finance Authority
shall commit to the housing authority which submitted the mate-
rial the amount of the bonds requested from the allocation speci-
fied in subparagraph (C) of paragraph (3) of this subsection. Such
commitment shall be binding for 120 days following the receipt by
the Georgia Residential Finance Authority of the material speci-
fied in paragraph (4) of this subsection.
(6) If a housing authority which requested a bond issue
under paragraph (4) of this subsection fails to sell the bonds
within the 120 day period specified in paragraph (5) of this
subsection, the commitment made under said paragraph (5) shall
be null and void. If the bonds are sold by the housing authority,
the authority shall notify the executive director of the Georgia
Residential Finance Authority and the allocation for housing
authorities shall be reduced by the amount of the bonds sold.
(7) Any unused portion of any allocation amount not com-
mitted for bond sale by September 1 of each calendar year shall be
made available after that date to any authority specified in
subparagraphs (A), (B), and (C) of paragraph (3) of this subsec-
tion; but any bond sale approved after September 1 shall be
subject to the procedures specified in paragraph (4) of this subsec-
tion.
(8) When the total amount of an allocation has been com-
mitted for bond sale, the executive director of the Georgia Resi-
dential Finance Authority shall notify the authorities affected by
such allocation.
Part 5
Section 7. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Parts 1 and 2 of this Act shall be repealed effective Novem-
ber 1,1982.
(c) Parts 3 and 4 of this Act shall become effective on November
U1982.
2244
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
COMPENSATION OF TAX COLLECTORS AND
TAX COMMISSIONERS.
Code Sections 91A-1373, 48-5-183
Amended.
No. 1528 (Senate Bill No. 552).
AN ACT
To amend Code Section 91A-1373, relating to minimum salaries of
tax collectors and tax commissioners, as amended, so as to change the
population classifications; to change the minimum salaries of such
officers; to provide for other matters relative to the foregoing; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 91A-1373, relating to minimum salaries
of tax collectors and tax commissioners, as amended, is amended by
striking subsections (b) and (c) of said Code section in their entirety
and inserting in lieu thereof new subsections (b) and (c) to read as
follows:
(b) Any other provision of law to the contrary notwithstanding,
the minimum annual salary of each tax collector and tax commis-
sioner in each county of the State who is compensated by an annual
salary shall be fixed according to the population of the county in
which he serves as determined by the United States Decennial Census
GEORGIA LAWS 1982 SESSION
2245
of 1980 or any future such census; provided, however, that, in the
event the population of a county according to the United States
Decennial Census of 1980 or any future such census is less than its
population according to the United States Decennial Census of 1970,
the population bracket under which any such county falls for the
purposes of this Section shall be determined according to the United
States Decennial Census of 1970. Each such officer shall receive an
annual salary, payable in equal monthly installments from the funds
of the county, of not less than the amount fixed in the following
schedule:
Population
05,999
6,00011,999
12.000 19,999
20.000 29,999
30.000 39,999
40.000 49,999
50.000 99,999
100.000 199,999
200.000 299,999
300.000 up
Minimum Salary
$ 10,935
$ 13,660
$ 15,400
$ 16,400
$ 17,765
$ 19,810
$ 23,230
$ 26,640
$ 28,600
$ 35,000.
(c) In any county in which more than 50 percent of the popula-
tion of the county, according to the United States Decennial Census
of 1980 or any future such census, resides on property of the United
States Government which is exempt from taxation by this State, the
population of the county for the purpose of subsection (b) shall be
deemed to be the total population of the county minus the population
of such county which resides on the property of the United States
Government.
Part 2
Section 2. Code Section 48-5-183 of the Official Code of Georgia
Annotated, relating to minimum salaries of tax collectors and tax
commissioners, is amended by striking subsections (b) and (c) of said
Code section in their entirety and inserting in lieu thereof new
subsections (b) and (c) to read as follows:
(b) (1) Any other law to the contrary notwithstanding, the
minimum annual salary of each tax collector and tax commis-
sioner who is compensated by an annual salary shall be fixed
2246
GENERAL ACTS AND RESOLUTIONS, VOL. I
according to the population of the county in which he serves as
determined by the United States decennial census of 1980 or any
future such census; provided, however, that, in the event the
population of a county according to the United States decennial
census of 1980 or any future such census is less than its population
according to the United States decennial census of 1970, the
population bracket under which the county falls for the purposes
of this Code section shall be determined according to the United
States decennial census of 1970. Except as otherwise provided in
paragraph (2) of this subsection, each such officer shall receive an
annual salary payable in equal monthly installments from the
funds of the county of not less than the amount fixed in the
following schedule:
Population
05,999
6,00011,999
12.000 19,999
20.000 29,999
30.000 39,999
40.000 49,999
50.000 99,999
100.000 199,999
200.000 299,999
300.000 up
Minimum Salary
$ 10,935.00
13.660.00
15.400.00
16.400.00
17.765.00
19.810.00
23.230.00
26.640.00
28.600.00
35,000.00
(2) Any other law to the contrary notwithstanding, the
minimum annual salary of each tax collector and tax commis-
sioner who is compensated by an annual salary shall be fixed
according to the population of the county in which he serves, as
determined by the United States decennial census of 1980 or any
future such census. Effective July 1,1983, each such officer shall
receive an annual salary, payable in equal monthly installments
from the funds of his county, of not less than the amount fixed in
the following schedule:
Population
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
Minimum Salary
$ 12,025.00
15.025.00
16.940.00
18.040.00
19.540.00
21.790.00
25.555.00
GEORGIA LAWS 1982 SESSION
2247
100.000 - 199,999
200.000 - 299,999
300.000 - and up
29.305.00
31.460.00
38.500.00
(c) In any county in which more than 50 percent of the popula-
tion of the county, according to the United States decennial census of
1980 or any future such census, resides on property of the United
States government which is exempt from taxation by this state, the
population of the county for the purpose of subsection (b) of this
Code section shall be deemed to be the total population of the county
minus the population of such county which resides on property of the
United States government.
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Part 3
1982.
Approved April 22,1982.
2248
GEORGIA LAWS 1982 SESSIC
GENERAL acts AND RESOLUTIONS, VOL. I
GEORGIA HEALTH CODE AMENDED.
Code Chapter 88-19D Enacted.
Code Title 49, Chapter 4 Amended.
No. 1529 (Senate Bill No. 581).
AN ACT
To amend Code Title 88, relating to public health, as amended, so
as to provide a new Code chapter establishing a system of community
care and services for the elderly; to provide for legislative intent; to
provide for definitions; to provide for the duties, powers, and func-
tions of the Department of Human Resources, certain lead agencies,
assessment teams, and other entities regarding the establishment and
administration of a comprehensive and coordinated plan of commu-
nity care and services for the elderly; to provide for organization,
standards, contracts, service areas, progress reports, funding, fees,
and contributions; to provide for purposes and goals of the service
system and provide for services and their coordination; to provide for
priorities; to provide for assessments and certifications; to provide for
volunteer services and insurance protection therefor; to provide for
rules and regulations; to provide for all other matters relating to the
above; to amend the Georgia Medical Assistance Act of 1977,
approved March 16,1977 (Ga. L. 1977, p. 384), as amended, so as to
provide for certain actions necessary to obtain reimbursement for
community care and services for the elderly; to amend the Official
Code of Georgia Annotated accordingly; to provide for effective dates
and automatic repeal; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Title 88, relating to public health, as amended,
is amended by adding immediately following Code Chapter 88-19C a
new Code Chapter 88-19D to read as follows:
"CHAPTER 88-19D
COMMUNITY CARE FOR THE
88-1901D. Legislative intent. The purpose c
is to assist functionally impaired elderly person!
and reasonably independent lives in their own hoi
of relatives or caregivers through the development
nization, and coordination of various community
recognition of the desire of older Georgians to res
their families as long as possible, the General Asse
continuum of care be established so that fun
elderly persons age 60 and older may be assured
environment suitable to their needs. The Genera
intends to maximize the utilization of existing coi
In health services in order to prevent unnecessary pi
uak in long-term care facilities. The developi
approaches to program management, staff trainin
ery that impact on cost-avoidance, cost-effectivi
efficiency shall be encouraged. It is further the ii
Assembly that the Department of Human Resoun
agency responsible for planning and implementi
community-based services to the elderly reiml
Georgia Medical Assistance Act of 1977.
88-1902D. Definitions. As used in this Code i
(1) Aging Section means the single
with the Department of Human Resources
planning and administration of services unde
cans Act of 1965.
(2) Department means the Depart
Resources.
(3) Functionally impaired elderly p
person 60 years of age or older with physical oi
that restrict individual ability to perform the
daily living and which impede individual capa
dently.
(4) The Georgia Medical Assistance l
that Act approved March 16, 1977 (Ga. L
amended.
GEORGIA LAWS 1982 SESSION
2249
CHAPTER 88-19D
COMMUNITY CARE FOR THE ELDERLY
88-1901D. Legislative intent. The purpose of this Code chapter
is to assist functionally impaired elderly persons in living dignified
and reasonably independent lives in their own homes or in the homes
of relatives or caregivers through the development, expansion, reorga-
nization, and coordination of various community-based services. In
recognition of the desire of older Georgians to reside at home or with
their families as long as possible, the General Assembly intends that a
continuum of care be established so that functionally impaired
elderly persons age 60 and older may be assured the least restrictive
environment suitable to their needs. The General Assembly further
intends to maximize the utilization of existing community social and
health services in order to prevent unnecessary placement of individ-
uals in long-term care facilities. The development of innovative
approaches to program management, staff training, and service deliv-
ery that impact on cost-avoidance, cost-effectiveness, and program
efficiency shall be encouraged. It is further the intent of the General
Assembly that the Department of Human Resources shall serve as the
agency responsible for planning and implementing the provision of
community-based services to the elderly reimbursable under the
Georgia Medical Assistance Act of 1977.
88-1902D. Definitions. As used in this Code chapter, the term:
(1) Aging Section means the single organizational unit
with the Department of Human Resources responsible for the
planning and administration of services under the Older Ameri-
cans Act of 1965.
(2) Department means the Department of Human
Resources.
(3) Functionally impaired elderly person means any
person 60 years of age or older with physical or mental limitations
that restrict individual ability to perform the normal activities of
daily living and which impede individual capacity to live indepen-
dently.
(4) The Georgia Medical Assistance Act of 1977 means
that Act approved March 16, 1977 (Ga. L. 1977, p. 386), as
amended.
2250
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Lead agency means one or more agencies designated by
the Department of Human Resources to assess services needed by
functionally impaired elderly persons, to coordinate and provide
community care services to those persons, provide case manage-
ment, and where necessary, subcontract with providers of service.
A lead agency shall be either a private nonprofit entity or any
public entity, including but not limited to any organizational unit
of the department.
(6) Older Americans Act of 1965 means P.L. 92-258, as
amended, upon the effective date of this Code chapter.
88-1903D. Duties, Powers, and Administration, (a) The
Department shall establish a community care unit within the aging
section. The community care unit shall plan and oversee implemen-
tation of a system of coordinated community care and support
services for the elderly. The community care unit shall develop
uniform assessment criteria that shall be used to determine an
individuals functional impairment and to evaluate on a periodic basis
the individuals need for community support services or institution-
alized long-term care. The community care unit shall also define each
community care service and establish standards for the delivery of
community care services. Where appropriate, the community care
unit shall utilize existing standards and definitions.
(b) The Department shall designate specified geographic service
areas which shall be defined in such a way as to ensure the efficient
delivery of community care services.
(c) The Department shall contract with a lead agency to coordi-
nate and provide community care services within each specified
geographic service area.
(d) Each lead agency shall annually submit to the community
care unit for approval a service plan evaluating the community care
needs of the functionally impaired elderly, identifying priority ser-
vices and target client groups, and detailing the means by which
community care services will be delivered for the service area of that
agency. The plan shall also include projected program costs and fees
to be charged for services. The lead agency may exclude from the
service plan those individuals eligible for benefits under the Georgia
Medical Assistance Act of 1977, as amended, for whom there is a
reasonable expectation that community-based services would be
GEORGIA LAWS 1982 SESSION
2251
more expensive than services the individual would otherwise receive
which would have been reimbursable under the Georgia Medical
Assistance Act of 1977, as amended.
(e) The Department shall develop a plan which shall provide for
the implementation of a community care system in each of the
specified geographic service areas by July 1, 1985. The three-year
plan shall be developed concurrent with and integrated into the state
plan on aging required under the Older Americans Act of 1965 and
shall provide for coordination of all community-based services for the
elderly. The three-year plan shall include an inventory of existing
services and an analysis comparing the cost of institutional long-term
care and the cost of community care and other community-based
services for the elderly. The multiyear plan shall be presented to the
Board of Human Resources no later than July 31,1983.
(f) At the end of the three-year implementation period an
annual community care service plan shall be incorporated into the
state plan on aging.
(g) The Department shall submit on January 1 of each year,
beginning in 1984, a progress report on the implementation of the
plan required by subsection (e) of this Code section to the Speaker of
the House of Representatives, the President of the Senate, the
Chairman of the House Health and Ecology Committee, and the
Chairman of the Senate Human Resources Committee.
(h) In accordance with rules promulgated by the Department,
lead agencies may collect fees for community care case management
and other services. Such fees shall be established on a sliding scale
based upon income and economic need. Fees will not be charged
those individuals for the mandatory assessment described in subsec-
tion (e) of Code Section 1904D. Lead agencies may accept contribu-
tions of money or contributions in kind from functionally impaired
elderly persons, members of their families, or other interested persons
or organizations. Such contributions may not be a condition of
services and shall only be used to further the provision of community
care services.
(i) Funding for services under this Code chapter shall be in
addition to and not in lieu of funding for existing community services
for the elderly. The Department and the lead agency shall ensure that
all other funding sources available, including reimbursement under
2252
GENERAL ACTS AND RESOLUTIONS, VOL. I
the Georgia Medical Assistance Act of 1977 and the Older Americans
Act of 1965, have been used prior to utilizing state funds for commu-
nity care for the elderly.
88-1904D. Community Care for the Elderly Program, (a) Each
lead agency shall be responsible for the establishment of a community
care service system which shall have as its primary purpose the
prevention of unnecessary institutionalization of functionally
impaired elderly persons through the provision of community-based
services. Each community care service system shall provide no fewer
than six of the services listed in subsection (c) of this Code section,
four of which shall include case management, assessment of func-
tional impairment and needed community services, homemaker, and
home health care services. Case management services shall be pro-
vided to each community care service recipient to ensure that
arrangements are made for appropriate services. If independent
living is no longer possible for a functionally impaired elderly person,
the case manager shall assist the person in locating the most appro-
priate, least restrictive, and most cost-beneficial alternative living
arrangement.
(b) All existing community resources available to the function-
ally impaired elderly person shall be coordinated into the community
care service system to provide a continuum of care to such persons.
The lead agency shall establish agreements, policies, and procedures
for service integration and referral mechanisms with such programs.
(c) Services to be coordinated by the lead agency shall include,
without being limited to, the following:
(1) Case management;
(2) Assessment of functional impairment and needed com-
munity services;
(3) Homemaker services;
(4) Home health care services;
(5) In-home personal care services;
(6) Adult day health services;
GEORGIA LAWS 1982 SESSION
2253
(7) Adult day care;
(8) Habilitation services;
(9) Respite care;
(10) Older Americans Act services, including transporta-
tion, nutritional, social, and other services;
(11) Title XX services;
(12) Senior center services;
(13) Protective services;
(14) Financial assistance services, including, but not limited
to, food stamps, Medicaid, Medicare, and Supplemental Security
Income;
(15) Health maintenance services; and
(16) Other community services.
(d) Priority in provision of community care services shall be
given to those individuals who have been certified for skilled or
intermediate institutional nursing care service benefits conferred by
the Georgia Medical Assistance Act of 1977 and who need home and
community-based services in order to avoid institutionalization. Ser-
vices may be provided to other functionally impaired persons as
resources allow, as determined by the Department. Priority in
provision of community care services to such other persons will be
based on economic, social, and medical needs.
(e) All individuals seeking certification for benefits conferred by
the Georgia Medical Assistance Act of 1977, as amended, to be used
to pay the cost of placement in a long-term care facility or individuals
who would be eligible for such benefits within 180 days of nursing
home admission, shall, as a precondition to that certification, undergo
evaluation by an assessment team designated by the lead agency to
determine if institutionalization can be avoided by provision of more
cost-effective community-based services. If the individual being eval-
uated requires community-based services which, over a twelve-month
period, would cost more than the cost of care in a long-term care
2254
GENERAL ACTS AND RESOLUTIONS, VOL. I
facility, then such community-based services shall not be deemed cost
effective. Such cost-effective determination shall apply to each case
management evaluation. The assessment team shall, at a minimum,
consist of a physician, a registered nurse, and a social worker. When-
ever possible, the assessment team shall be responsible for the
precertification for nursing home placement and determination of the
appropriate level of care, as required by the State Plan for Medical
Assistance, as defined in the Georgia Medical Assistance Act of 1977.
(f) The decision of the assessment team shall be forwarded to
the agency designated in the State Plan for Medical Assistance, as
defined in the Georgia Medical Assistance Act of 1977, as responsi-
ble for the certification of benefits for individuals. If the assessment
team and the case manager have determined that an individual could
be better and more cost-effectively served in the community, said
agency shall not certify said individual for skilled or intermediate
institutional nursing care service benefits until the lead agency has
informed that individual of the availability of community-based
services within the lead agencys geographic service area and of the
right of that individual to choose to receive those services as an
alternative to placement in a long-term care facility. That individual
shall advise the lead agency of that individuals choice of service
alternatives. If that individual is otherwise eligible for those benefits
for which certification is sought, the agency responsible for certifica-
tion of benefits shall certify the individual either for placement in a
long-term care facility or for receiving community-based services, as
the individual advised the lead agency. The evaluation and certifica-
tion shall be completed in a timely manner.
(g) The lead agency shall seek to utilize volunteers to provide
community services for functionally impaired elderly persons. The
Department may provide appropriate insurance coverage to protect
volunteers from personal liability while acting within the scope of
their volunteer assignments in the community care service system.
Coverage may also include excess automobile liability protection.
88-1905D. The Department shall adopt rules and regulations
necessary to implement the provisions of this Code chapter.
Section 2. The Georgia Medical Assistance Act of 1977,
approved March 16, 1977 (Ga. L. 1977, p. 384), as amended, is
amended by adding immediately preceding Section 16 thereof a new
Section 15B to read as follows:
GEORGIA LAWS 1982 SESSION
2255
Section 15B. Reimbursement for Community Care for Elderly.
It is the intention of the General Assembly that the Department of
Medical Assistance be authorized to take those actions necessary to
provide reimbursement for services rendered under Code Chapter 88-
19D, relating to community care for the elderly.
Part 2
Section 3. Article 7 of Chapter 4 of Title 49 of the Official Code
of Georgia Annotated is amended by adding following Code Section
49-4-156 a new Code Section 49-4-156.1 to read as follows:
49-4-156.1. It is the intention of the General Assembly that the
Department of Medical Assistance be authorized to take those
actions necessary to provide reimbursement under this article for
services rendered under Article 5 of Chapter 6 of Title 49, relating to
community care for the elderly.
Section 4. Chapter 6 of Title 49 of the Official Code of Georgia
Annotated, relating to services for the aging, is amended by adding at
the end thereof a new Article 5 to read as follows:
Article 5
49-6-60. The purpose of this chapter is to assist functionally
impaired elderly persons in living dignified and reasonably indepen-
dent lives in their own homes or in the homes of relatives or caregivers
through the development, expansion, reorganization, and coordi-
nation of various community-based services. In recognition of the
desire of older Georgians to reside at home or with their families as
long as possible, the General Assembly intends that a continuum of
care be established so that functionally impaired elderly persons age
60 and older may be assured the least restrictive environment suitable
to their needs. The General Assembly further intends to maximize
the utilization of existing community social and health services in
order to prevent unnecessary placement of individuals in long-term
care facilities. The development of innovative approaches to program
management, staff training, and service delivery that impact on cost
avoidance, cost effectiveness, and program efficiency shall be encour-
aged. It is further the intent of the General Assembly that the
Department of Human Resources shall serve as the agency responsi-
ble for planning and implementing the provision of community-based
services to the elderly reimbursable under the Georgia Medical
Assistance Act of 1977.
2256
GENERAL ACTS AND RESOLUTIONS, VOL. I
49-6-61. As used in this chapter, the term:
(1) Aging Section means the single organizational unit
with the Department of Human Resources responsible for the
planning and administration of services under the Older Ameri-
cans Act of 1965.
(2) Department means the Department of Human
Resources.
(3) Functionally impaired elderly person means any
person 60 years of age or older with physical or mental limitations
that restrict individual ability to perform the normal activities of
daily living and which impede individual capacity to live indepen-
dently.
(4) The Georgia Medical Assistance Act of 1977 means
Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia
Annotated.
(5) Lead agency means one or more agencies designated by
the Department of Human Resources to assess services needed by
functionally impaired elderly persons, to coordinate and provide
community care services to those persons, provide case manage-
ment, and where necessary, subcontract with providers of service.
A lead agency shall be either a private nonprofit entity or any
public entity, including but not limited to any organizational unit
of the department.
(6) Older Americans Act of 1965 means P.L. 92-258, as
amended, upon the effective date of this chapter.
49-6-62. (a) The department shall establish a community care
unit within the aging section. The community care unit shall plan
and oversee implementation of a system of coordinated community
care and support services for the elderly. The community care unit
shall develop uniform assessment criteria that shall be used to
determine an individuals functional impairment and to evaluate on a
periodic basis the individuals need for community support services
or institutionalized long-term care. The community care unit shall
also define each community care service and establish standards for
the delivery of community care services. Where appropriate, the
community care unit shall utilize existing standards and definitions.
GEORGIA LAWS 1982 SESSION
2257
(b) The department shall designate specified geographic service
areas which shall be defined in such a way as to ensure the efficient
delivery of community care services.
(c) The department shall contract with a lead agency to coordi-
nate and provide community care services within each specified
geographic service area.
(d) Each lead agency shall annually submit to the community
care unit for approval a service plan evaluating the community care
needs of the functionally impaired elderly, identifying priority ser-
vices and target client groups, and detailing the means by which
community care services will be delivered for the service area of that
agency. The plan shall also include projected program costs and fees
to be charged for services. The lead agency may exclude from the
service plan those individuals eligible for benefits under the Georgia
Medical Assistance Act of 1977, as amended, for whom there is a
reasonable expectation that community-based services would be
more expensive than services the individual would otherwise receive
which would have been reimbursable under the Georgia Medical
Assistance Act of 1977, as amended.
(e) The department shall develop a plan which shall provide for
the implementation of a community care system in each of the
specified geographic service areas by July 1, 1985. The three-year
plan shall be developed concurrent with and integrated into the state
plan on aging required under the Older Americans Act of 1965 and
shall provide for coordination of all community-based services for the
elderly. The three-year plan shall include an inventory of existing
services and an analysis comparing the cost of institutional long-term
care and the cost of community care and other community-based
services for the elderly. The multiyear plan shall be presented to the
Board of Human Resources no later than July 31,1983.
(f) At the end of the three-year implementation period an
annual community care service plan shall be incorporated into the
state plan on aging.
(g) The department shall submit on January 1 of each year,
beginning in 1984, a progress report on the implementation of the
plan required by subsection (e) of this Code section to the Speaker of
the House of Representatives, the President of the Senate, the
Chairman of the House Health and Ecology Committee, and the
Chairman of the Senate Human Resources Committee.
2258
GENERAL ACTS AND RESOLUTIONS, VOL. I
(h) In accordance with rules promulgated by the department,
lead agencies may collect fees for community care case management
and other services. Such fees shall be established on a sliding scale
based upon income and economic need. Fees will not be charged
those individuals for the mandatory assessment described in subsec-
tion (e) of Code Section 46-6-63. Lead agencies may accept contribu-
tions of money or contributions in kind from functionally impaired
elderly persons, members of their families, or other interested persons
or organizations. Such contributions may not be a condition of
services and shall only be used to further the provision of community
care services.
(i) Funding for services under this chapter shall be in addition to
and not in lieu of funding for existing community services for the
elderly. The department and the lead agency shall ensure that all
other funding sources available, including reimbursement under the
Georgia Medical Assistance Act of 1977 and the Older Americans
Act of 1965, have been used prior to utilizing state funds for commu-
nity care for the elderly.
49-6-63. (a) Each lead agency shall be responsible for the
establishment of a community care service system which shall have as
its primary purpose the prevention of unnecessary institution-
alization of functionally impaired elderly persons through the provi-
sion of community-based services. Each community care service
system shall provide no fewer than six of the services listed in
subsection (c) of this Code section, four of which shall include case
management, assessment of functional impairment and needed com-
munity services, homemaker, and home health care services. Case
management services shall be provided to each community care
service recipient to ensure that arrangements are made for appropri-
ate services. If independent living is no longer possible for a function-
ally impaired elderly person, the case manager shall assist the person
in locating the most appropriate, least restrictive, and most cost
beneficial alternative living arrangement.
(b) All existing community resources available to the function-
ally impaired elderly person shall be coordinated into the community
care service system to provide a continuum of care to such persons.
The lead agency shall establish agreements, policies, and procedures
for service integration and referral mechanisms with such programs.
2256 GENERAL ACTS AND RESOLUTIONS, VOL. I
49-6-61. As used in this chapter, the term:
(1) Aging Section means the single organizational unit
with the Department of Human Resources responsible for the
planning and administration of services under the Older Ameri-
cans Act of 1965.
(2) Department means the Department of Human
Resources.
(3) Functionally impaired elderly person means any
person 60 years of age or older with physical or mental limitations
that restrict individual ability to perform the normal activities of
daily living and which impede individual capacity to live indepen-
dently.
(4) The Georgia Medical Assistance Act of 1977 means
Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia
Annotated.
(5) Lead agency means one or more agencies designated by
the Department of Human Resources to assess services needed by
functionally impaired elderly persons, to coordinate and provide
community care services to those persons, provide case manage-
ment, and where necessary, subcontract with providers of service.
A lead agency shall be either a private nonprofit entity or any
public entity, including but not limited to any organizational unit
of the department.
(6) Older Americans Act of 1965 means P.L. 92-258, as
amended, upon the effective date of this chapter.
49-6-62. (a) The department shall establish a community care
unit within the aging section. The community care unit shall plan
and oversee implementation of a system of coordinated community
care and support services for the elderly. The community care unit
shall develop uniform assessment criteria that shall be used to
determine an individuals functional impairment and to evaluate on a
periodic basis the individuals need for community support services
or institutionalized long-term care. The community care unit shall
also define each community care service and establish standards for
the delivery of community care services. Where appropriate, the
community care unit shall utilize existing standards and definitions.
GEORGIA LAWS 1982 SESSIC
(b) The department shall designate specified
areas which shall be defined in such a way as to (
delivery of community care services.
(c) The department shall contract with a lea<
nate and provide community care services witl
geographic service area.
(d) Each lead agency shall annually submit
care unit for approval a service plan evaluating th
needs of the functionally impaired elderly, identi
vices and target client groups, and detailing the
community care services will be delivered for the
agency. The plan shall also include projected progi
to be charged for services. The lead agency may
service plan those individuals eligible for benefits i
Medical Assistance Act of 1977, as amended, foi
reasonable expectation that community-based s
more expensive than services the individual would
which would have been reimbursable under the
Assistance Act of 1977,' as amended.
(e) The department shall develop a plan whic
the implementation of a community care systei
specified geographic service areas by July 1,198f
plan shall be developed concurrent with and integr
plan on aging required under the Older American
shall provide for coordination of all community-bas
elderly. The three-year plan shall include an inv
services and an analysis comparing the cost of instit
care and the cost of community care and other
services for the elderly. The multiyear plan shall tx
Board of Human Resources no later than July 31,19
(f) At the end of the three-year implemen
annual community care service plan shall be inco
state plan on aging.
(g) The department shall submit on Januar
beginning in 1984, a progress report on the imple
plan required by subsection (e) of this Code section
the House of Representatives, the President of
Chairman of the House Health and Ecology Coi
Chairman of the Senate Human Resources Committ
GEORGIA LAWS 1982 SESSION
2259
(c) Services to be coordinated by the lead agency shall include,
without being limited to, the following:
(1) Case management;
(2) Assessment of functional impairment and needed com-
munity services;
(3) Homemaker services;
(4) Home health care services;
(5) In-home personal care services;
(6) Adult day health services;
(7) Adult day care;
(8) Habitation services;
(9) Respite care;
(10) Older Americans Act services, including transporta-
tion, nutritional, social, and other services;
(11) Title XX services;
(12) Senior center services;
(13) Protective services;
(14) Financial assistance services, including, but not limited
to, food stamps, Medicaid, Medicare, and Supplemental Security
Income;
(15) Health maintenance services; and
(16) Other community services.
(d) Priority in provision of community care services shall be
given to those individuals who have been certified for skilled or
intermediate institutional nursing care service benefits conferred by
the Georgia Medical Assistance Act of 1977 and who need home and
2260
GENERAL ACTS AND RESOLUTIONS, VOL. I
community-based services in order to avoid institutionalization. Ser-
vices may be provided to other functionally impaired persons as
resources allow, as determined by the department. Priority in
provision of community care services to such other persons will be
based on economic, social, and medical needs.
(e) All individuals seeking certification for benefits conferred by
the Georgia Medical Assistance Act of 1977, as amended, to be used
to pay the cost of placement in a long-term care facility or individuals
who would be eligible for such benefits within 180 days of nursing
home admission, shall, as a precondition to that certification, undergo
evaluation by an assessment team designated by the lead agency to
determine if institutionalization can be avoided by provision of more
cost-effective community-based services. If the individual being eval-
uated requires community-based services which, over a twelve-month
period, would cost more than the cost of care in a long-term care
facility, then such community-based services shall not be deemed cost
effective. Such cost-effective determination shall apply to each case
management evaluation. The assessment team shall, at a minimum,
consist of a physician, a registered nurse, and a social worker. When-
ever possible, the assessment team shall be responsible for the
precertification for nursing home placement and determination of the
appropriate level of care, as required by the State Plan for Medical
Assistance, as defined in the Georgia Medical Assistance Act of 1977.
(f) The decision of the assessment team shall be forwarded to
the agency designated in the State Plan for Medical Assistance, as
defined in the Georgia Medical Assistance Act of 1977, as responsi-
ble for the certification of benefits for individuals. If the assessment
team and the case manager have determined that an individual could
be better and more cost effectively served in the community, said
agency shall not certify said individual for skilled or intermediate
institutional nursing care service benefits until the lead agency has
informed that individual of the availability of community-based
services within the lead agencys geographic service area and of the
right of that individual to choose to receive those services as an
alternative to placement in a long-term care facility. That individual
shall advise the lead agency of that individuals choice of service
alternatives. If that individual is otherwise eligible for those benefits
for which certification is sought, the agency responsible for certifica-
tion of benefits shall certify the individual either for placement in a
long-term care facility or for receiving community-based services, as
the individual advised the lead agency. The evaluation and certifica-
tion shall be completed in a timely manner.
GEORGIA LAWS 1982 SESSION
2261
(g) The lead agency shall seek to utilize volunteers to provide
community services for functionally impaired elderly persons. The
department may provide appropriate insurance coverage to protect
volunteers from personal liability while acting within the scope of
their volunteer assignments in the community care service system.
Coverage may also include excess automobile liability protection.
49-6-64. The department shall adopt rules and regulations nec-
essary to implement the provisions of this chapter.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
GEORGIA COMMISSION ON STATE GROWTH
POLICY ACT.
Code Title 50, Chapter 21 Enacted.
No. 1530 (Senate Bill No. 601).
AN ACT
To amend Title 50 of the Official Code of Georgia Annotated,
relating to state government, so as to provide for a Georgia Commis-
2262
GENERAL ACTS AND RESOLUTIONS, VOL. I
sion on State Growth Policy; to provide a short title; to provide for
findings and purpose; to provide for functions and duties of the
commission; to provide for intergovernmental relations; to provide
for meetings and hearings; to provide for an executive director and
other staff; to provide a termination date; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 50 of the Official Code of Georgia Annotated,
relating to state government, is amended by adding immediately
following Chapter 20 a new chapter, to be designated Chapter 21, to
read as follows:
CHAPTER 21
50-21-1. This chapter shall be known and may be cited as the
Georgia Commission on State Growth Policy Act.
50-21-2. (a) The General Assembly finds and declares that
there is a need for an official body to:
(1) Advise the executive and legislative branches of state
government on the roles of state and local governments in the
provision of orderly growth and development in our state;
(2) Study problems and recommend solutions concerning
intergovernmental aspects of governmental structure, finance,
functions, and relationships at the local, regional, state, and
interstate levels;
(3) Establish a regular system of reporting to state and local
public officials on the progress of Georgia and its political subdivi-
sions toward meeting their intergovernmental responsibilities;
(4) Encourage and recommend methods of effective and
efficient delivery of services where necessary and economically
feasible at the state and local levels through services integration
and combination of complementary services delivery functions;
and
(5) Advise the executive and legislative branches of state
government and other interested parties on intergovernmental
relations.
GEORGIA LAWS 1982 SESSION
2263
(b) It is the purpose of this chapter to improve coordination and
cooperation among the state and its local governments, to give proper
attention to the preservation of Georgias natural and human
resources, and to promote improvements within the inter-
governmental system to assure cost effectiveness in the delivery of
governmental services to the people of Georgia.
50-21-3. (a) There is created a Georgia Commission on State
Growth Policy. The commission shall be assigned to the Department
of Community Affairs for administrative purposes. The commission
shall be composed of 15 members as follows: three members of the
Senate appointed by the President of the Senate; three members of
the House of Representatives appointed by the Speaker of the House
of Representatives; and nine members appointed by the Governor,
two of whom shall be elected city officials and two of whom shall be
elected county officials.
(b) Members of the General Assembly shall be appointed to
terms which correspond to their terms of office. Members appointed
by the Governor shall be appointed to two-year terms.
(c) If a representative of the counties or of the cities or a
legislator ceases to be an officer or a member of the unit he is
appointed to represent, his membership on the commission shall
terminate immediately and there will be a vacancy in the member-
ship. Within 30 days, such vacancy shall be filled in the manner of the
regular appointment; and the person so appointed shall serve only to
the end of the unexpired term and until his successor is appointed
and qualified. All members may be reappointed.
(d) The commission shall elect a chairman and a vice-chairman
and such other officers as it may deem necessary. The chairman and
the vice-chairman shall serve for one year and may be reelected. If
both the chairman and the vice-chairman are absent at any meeting,
the voting members present shall elect a temporary chairman by a
majority vote.
(e) The presiding officers of the General Assembly shall be
guided in their appointments by consideration of the legislators
expertise, interest, and experience, including legislative committee
service in the field of intergovernmental relations.
2264
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) Eight members of the commission shall constitute a quorum.
50-21-4. (a) The commission shall:
(1) Serve as a forum for the discussion and study of inter-
governmental problems, focusing on intergovernmental relations,
growth and development of the state fiscal policies, service deliv-
ery, and the relations between urban and rural areas;
(2) Examine proposed and existing federal and state pro-
grams, assess their impact upon the state and its political subdivi-
sions, and provide for such assessments and recommendations,
when appropriate, to the General Assembly, the Governor, or any
other group, public or private, whose activities affect inter-
governmental relations;
(3) Encourage the coordination of studies relating to inter-
governmental relations conducted by universities; state, local, and
federal agencies; and research and consulting organizations;
(4) Issue annual reports of its findings and recommenda-
tions to be transmitted to the Governor and the presiding officer
of each house of the General Assembly not less than 30 days prior
to the convening of each regular session of the General Assembly.
Such report shall set forth the reasons and supporting data for
each recommendation and shall, if appropriate, include draft
legislation to implement such recommendations;
(5) Issue special or interim reports on special subjects as it
may deem appropriate; and
(6) Give careful study to tax equity issues as related to the
state and local governments and file a report with the Governor
and the General Assembly no later than December 1,1983.
(b) The commission is authorized to contract with the state or its
political subdivisions, the federal government, or any other entity,
public or private, for its stated purpose.
50-21-5. In its role of examining growth, development, and inter-
governmental issues, the commission shall coordinate and cooperate
with the Department of Community Affairs and any other agency or
activity concerned with intergovernmental relationships.
GEORGIA LAWS 1982 SESSION
2265
50-21-6. (a) The commission shall hold meetings quarterly and
at such other times as it deems necessary, except that the first
meeting shall be at the call of the Governor. The commission may
hold hearings from time to time on matters that it deems to be in the
public interest. Such meetings and hearings shall be public.
(b) Each officer, board, commission, council, department, or
agency of state government and each political subdivision of the state
shall, when not inconsistent with any law, rule, or regulation regard-
ing confidentiality, make available facts, records, information, and
data requested by the commission and in all ways cooperate with the
commission in carrying out the functions and duties imposed by this
chapter.
(c) The commission may establish committees as it deems advis-
able and feasible, the membership of which may or may not be made
up, in whole, from members of the commission.
(d) The commission shall promulgate rules of procedure govern-
ing its operations.
50-21-7. The commission shall utilize the staff and resources of
the Georgia Department of Community Affairs in accordance with
that departments responsibilities as contained in Chapter 8 of Title
50. The commissioner of community affairs, or his designee, shall
serve as staff coordinator of the commission.
50-21-8. The provisions of this chapter and the Georgia Com-
mission on State Growth Policy shall be continued until December 31,
1984, at which time the commission and this chapter shall be termi-
nated and stand repealed in their entirety.
Section 2. This Act shall become effective January 1,1983.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
2266
GENERAL ACTS AND RESOLUTIONS, VOL. I
COMPOSITE STATE BOARD OF MEDICAL
EXAMINERS.
Code Section 84-902(d) Enacted.
Code Title 43, Chapter 34 Amended.
No. 1531 (Senate Bill No. 604).
AN ACT
To amend Code Chapter 84-9, relating to the Composite State
Board of Medical Examiners, as amended, so as to continue the board
and the laws relating thereto but to provide for the later termination
of the board and those laws; to amend Chapter 34 of Title 43 of the
Official Code of Georgia Annotated, relating to physicians, osteo-
paths, and orthotists, so as to provide for the same change described
above as well as to provide for a Physicians Assistants Advisory
Committee and its duties and functions; to provide for a physicians
assistant advisor to the Composite State Board of Medical Examiners
who shall serve ex officio without a vote; to provide for license display
by doctors of medicine; to remove certain prohibitions regarding
corporate practice by doctors of medicine; to repeal Article 3 of
Chapter 34 of Title 43 of the Official Code of Georgia Annotated,
known as the Orthotists Practice Act; to provide for effective dates;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 84-9, relating to the Composite State
Board of Medical Examiners, as amended, is amended by adding at
the end of Code Section 84-902 a new subsection (d) to read as follows:
(d) Pursuant to Section 9 of The Act Providing for the Review,
Continuation, Reestablishment or Termination of Regulatory Agen-
cies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or
hereafter amended, the Composite State Board of Medical Examiners
and the laws relating thereto are hereby continued until July 1,1988,
at which time the Board shall be terminated. Upon its termination,
the Board shall continue in existence until July 1 of the next succeed-
ing year for the purpose of concluding its affairs and activities. During
that termination period, the powers or authority of the Board shall
GEORGIA LAWS 1982 SESSION
2267
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.
Part 2
Section 2. Chapter 34 of Title 43 of the Official Code of Georgia
Annotated, relating to physicians, osteopaths, and orthotists, is
amended by striking Code Section 43-34-2 in its entirety and insert-
ing in lieu thereof a new Code Section 43-34-2 to read as follows:
43-34-2. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the Composite State Board of Medi-
cal Examiners shall be terminated on July 1,1988, and this chapter
and any other laws relating to such board shall be repealed in their
entirety effective on the date specified in Code Section 43-2-8.
Section 3. Said chapter is further amended by adding a new
subsection (e) at the end of Code Section 43-34-21 to read as follows:
(e) (1) The board shall appoint a Physicians Assistants
Advisory Committee composed of four physicians, at least two of
whom shall be members of the board, and four certified physi-
cians assistants, who shall each serve for terms of office of two
years and until their successors are appointed and qualified. The
committee shall review matters to come before the board which
relate to physicians assistants, including but not limited to appli-
cants for physicians assistant certification and recertification and
education requirements therefor, and proposed board regulations
concerning physicians assistants. The committee shall period-
ically make recommendations to the board regarding matters
reviewed. The members of the advisory committee, except for the
physicians who are members of the board, shall receive no com-
pensation, allowances, or expenses.
(2) The committee shall appoint a physicians assistant in
an advisory capacity to the board. The advisory person shall serve
2268
GENERAL ACTS AND RESOLUTIONS, VOL. I
at the pleasure of the committee as an ex officio advisor to the
board in all matters relating to physicians assistants and shall
share in the privileges and benefits of the board without a vote.
Section 4. Said chapter is further amended by adding a new
subsection (c) at the end of Code Section 43-34-35 to read as follows:
(c) Every person holding a license issued by the board under
this article shall display it in a conspicuous place in the licensees
principal place of practice.
Section 5. Said chapter is further amended by striking para-
graph (9) of subsection (a) of Code Section 43-34-37 in its entirety and
inserting in lieu thereof a new paragraph (9) to read as follows:
(9) Knowingly maintained a professional connection or associa-
tion with any person who is in violation of this chapter or the rules or
regulations of the board; or knowingly aided, assisted, procured, or
advised any person to practice medicine contrary to this chapter or to
the rules and regulations of the board; or knowingly performed any
act which in any way aids, assists, procures, advises, or encourages
any unlicensed person or entity to practice medicine; or divided fees
or agreed to divide fees received for professional services with any
person, firm, association, corporation, or other entity for bringing or
referring a patient;
Section 6. Article 3 of Chapter 34 of Title 43 of the Official Code
of Georgia Annotated, known as the Orthotists Practice Act, is
repealed in its entirety.
Part 3
Section 7. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
2269
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
REGISTRATION OF PROFESSIONAL
ENGINEERING FIRMS.
Code Section 43-15-23 Amended.
No. 1532 (Senate Bill No. 616).
AN ACT
To amend Chapter 15 of Title 43 of the Official Code of Georgia
Annotated, relating to professional engineers and land surveyors, so
as to provide for the registration of all firms, corporations, profes-
sional corporations, partnerships, associations, or other entities prac-
ticing or offering to practice professional engineering services in the
State of Georgia; to provide for procedures relative to the foregoing;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 15 of Title 43 of the Official Code of Georgia
Annotated, relating to professional engineers and land surveyors, is
amended by striking Code Section 43-15-23 in its entirety and
substituting a new Code Section 43-15-23 to read as follows:
43-15-23. (a) The practice of or offer to practice professional
engineering, as defined in this chapter, by individual professional
engineers registered under this chapter through a firm, corporation,
professional corporation, partnership, association, or other entity
offering engineering services to the public or by a firm, corporation,
professional corporation, partnership, association, or other entity
offering engineering services to the public through individual regis-
2270
GENERAL ACTS AND RESOLUTIONS, VOL. I
tered professional engineers as agents, employees, officers, or part-
ners is permitted subject to the provisions of this chapter; provided,
however, that one or more of the principals, officers, or partners of
said firm, corporation, professional corporation, partnership, associa-
tion, or other entity and all personnel of such firm, corporation,
partnership, association, or entity who act in its behalf as professional
engineers in this state shall be registered as provided in this chapter;
and further provided that said firm, corporation, professional corpo-
ration, partnership, association, or entity has been issued a certificate
of authorization by the board as provided in this chapter.
(b) A firm, corporation, professional corporation, partnership,
association, or other entity desiring a certificate of authorization shall
file with the board an application upon a form to be prescribed by the
board and accompanied by the registration fee prescribed by the
board.
(c) (1) A corporation or professional corporation shall file with
the board, using a form provided by the board, the names and
addresses of all officers and board members of the corporation,
including the principal officer or officers duly registered to prac-
tice professional engineering in this state and of an individual or
individuals duly registered to practice professional engineering
within this state who shall be in responsible charge of the practice
of professional engineering in this state by said corporation.
(2) A partnership shall file with the board, using a form
provided by the board, the names and addresses of all partners of
the partnership, including the partner or partners duly registered
to practice professional engineering in this state and of an individ-
ual or individuals duly registered to practice professional engi-
neering in this state who shall be in responsible charge of the
practice of professional engineering in this state by said partner-
ship.
(3) Any firm, association, or entity which is not a corpora-
tion, professional corporation, or partnership shall file with the
board, using a form provided by the board, the names and
addresses of all principals of the firm, association, or entity duly
registered to practice professional engineering in this state who
shall be in responsible charge of the practice of professional
engineering in this state by said firm, association, or other entity.
GEORGIA LAWS 1982 SESSION
2271
(4) The forms provided in paragraphs (1) through (3) of this
subsection must accompany an annual renewal fee prescribed by
the board. In the event there shall be a change in any of these
persons during the year, such change shall be designated on the
same form and filed with the board by the firm, corporation,
professional corporation, partnership, association, or entity within
30 days after the effective date of the change.
(d) (1) After all of the requirements of this Code section have
been complied with, the board shall issue to such firm, corpora-
tion, professional corporation, partnership, association, or other
entity a certificate of authorization.
(2) The board may refuse to issue a certificate if any facts
exist which would entitle the board to suspend or revoke an
existing certificate or if the board shall determine that any of the
officers, directors, principals, agents, or employees of the entity to
be licensed are not persons of good character.
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
REGISTRATION, ETC. OF PROFESSIONAL
ENGINEERS ENFORCEMENT.
Code Title 43, Chapter 15 Amended.
No. 1533 (Senate Bill No. 617).
AN ACT
To amend Chapter 15 of Title 43 of the Official Code of Georgia
Annotated, relating to the regulation of professional engineers and
2272
GENERAL ACTS AND RESOLUTIONS, VOL. I
land surveyors, so as to change the provisions relating to enforcement
of said chapter; to provide for duties of certain public officials; to
prohibit the use of certain words for advertisement purposes; 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. Chapter 15 of Title 43 of the Official Code of Georgia
Annotated, relating to the regulation of professional engineers and
land surveyors, is amended by adding at the end of Code Section 43-
15-27 a new subsection, to be designated subsection (c), to read as
follows:
(c) Except as provided in Code Section 25-2-14, it shall be the
duty of all public officials charged with the responsibility of enforcing
codes related to construction to require compliance with Code Sec-
tion 43-15-24 before engineering plans, drawings, and specifications
are approved by construction. Except as provided in Code Section 25-
2-14, no construction which is subject to Code Section 43-15-24 and
which requires the service of an engineer shall be built without such
approval prior to construction.
Section 2. Said chapter is further amended by adding at the end
of Code Section 43-15-30 a new subsection, to be designated subsec-
tion (f), to read as follows:
(f) Any person offering services to the public who uses by name,
verbal claim, sign, advertisement, directory listing, or letterhead the
words Engineer, Engineers, Professional Engineering, Engineer-
ing, or Engineered shall be guilty of a misdemeanor unless said
person has complied with the provisions of this chapter.
Section 3. This Act shall become effective November 1,1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
GEORGIA LAWS 1982 SESSION
2273
SALE OR DISPOSITION OF FORFEITED
PROPERTY.
Code Section 16-13-49 Amended.
No. 1534 (Senate Bill No. 642).
AN ACT
To amend Code Section 16-13-49 of the Official Code of Georgia
Annotated, relating to forfeitures with respect to controlled sub-
stances, so as to provide that money and currency which is forfeited or
which is realized from the sale or disposition of forfeited property and
paid into the county treasury may be expended by the county for law
enforcement purposes; 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 16-13-49 of the Official Code of Georgia
Annotated, relating to forfeitures with respect to controlled sub-
stances, is amended by striking in its entirety paragraph (2) of
subsection (f) and inserting in lieu thereof a new paragraph (2) to read
as follows:
(2) Money and currency which is forfeited or which is realized
from the sale or disposition of forfeited property shall vest in the
county within which it is found and shall be paid into the county
treasury as county funds. Except as otherwise provided in subpara-
graph (B) of paragraph (1) of this subsection, the county may expend
or use such funds for law enforcement purposes.
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
2274
GENERAL ACTS AND RESOLUTIONS, VOL. I
STATE PERSONNEL BOARD EMPLOYEE
CHARITABLE, ETC. CONTRIBUTIONS.
Code Title 45, Chapter 20 Amended.
No. 1535 (Senate Bill No. 703).
AN ACT
To provide for a declaration of purpose; to define certain terms; to
authorize all state agencies, boards, commissions, departments, and
authorities to accept and process payroll deduction authorizations
and deduct funds from salaries of officers and employees for contri-
bution to eligible charitable health and human care organizations; to
provide that such deductions be on a voluntary basis; to provide for
confidentiality; to prohibit coercion; to provide for sanctions; to
provide for the State Personnel Board to promulgate rules and
regulations; to provide qualifying criteria for charitable organizations
which desire to receive funds; to provide that deduction from salaries
for charitable purposes is a privilege; to provide for release from
liability to administering employees or officials; to provide a limit for
administrative overhead and for distribution of funds; to amend the
Official Code of Georgia Annotated accordingly; to provide for sever-
ability; to provide effective dates; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Declaration of purpose. It is the purpose of this Act to
permit voluntary deductions from wages or salaries of employees of
the State of Georgia for the benefit of eligible charitable health and
human care organizations and to provide for the distribution of funds
collected through a process which involves minimal disruption of
work time and provides reasonable assurance to the employees that
their contributions are well used.
Section 2. Definitions, (a) Agency means any state agency,
board, commission, department, authority, or administrative unit
having full-time paid state employees. Agency does not include the
State Board of Regents or institutions thereunder.
GEORGIA LAWS 1982 SESSION
2275
(b) Board means the State Personnel Board.
(c) Charitable organization means any voluntary health and
welfare agency that is a private, self-governing, nonprofit organiza-
tion financed primarily by contributions from the public and char-
tered or authorized to do business in the State of Georgia. Each
organization must also be exempt from taxation by Georgia Code
Annotated 91A-3605, as now or hereafter amended, one to which
contributions are authorized as deductible by Section 170 of the
United States Internal Revenue Code of 1954, as amended, and
qualify as an organization as defined in Section 501(c)(3) of the
United States Internal Revenue Code. Religious organizations are
excluded from the definition except where a health and human care
function is operated on a nonsectarian basis with a distinct and
separate budget for this function.
(d) Employee means any person receiving a payroll check
from the state for personal service to an agency as defined in this Act.
Employee does not include those persons receiving a payroll check
issued by a county.
(e) Eligible voluntary charitable organizations shall mean an
organization:
(1) That actively conducts health or welfare programs and
provides services to individuals directed at one or more of the
following common human needs within a community: service,
research, and education in the health field; family and child care
services; protective services for children and adults; services for
children and adults in foster care; services related to the manage-
ment and maintenance of the home; day care services for adults;
transportation services; information, referral, and counseling ser-
vices; the preparation and delivery of meals; adoption services;
emergency shelter, care, and relief services; safety services; neigh-
borhood and community organization services; recreation ser-
vices; social adjustment and rehabilitation services; health sup-
port services; or a combination of services enumerated in this Act
designed to meet the special needs of specific groups, such as
children and youth, the aged, the ill and infirm, and the physically
handicapped;
(2) That provides direct and substantial services on a state-
wide basis or that is one of the federated charitable organizations
2276
GENERAL ACTS AND RESOLUTIONS, VOL. I
that coordinates fund raising and allocations for local charitable
organizations in the various geographic areas in which employees
are solicited;
(3) That observes a policy and practice of nondiscrimina-
tion on the basis of race, color, religion, sex, or national origin, in
accordance with law, applicable to persons served by the agency,
to agency staff employment, and to membership on the agencys
governing board;
(4) That does not expend a substantial portion of its efforts
to influence the outcome of elections or the determination of
public policy.
(f) Health and welfare agencies which are members of a
federated, nonsectarian, nonpolitical, eligible voluntary charitable
organization shall also be deemed to be eligible voluntary charitable
organizations, subject to such rules and regulations as the board may
prescribe.
Section 3. Policy body. The State Personnel Board shall serve
as the policy-setting body for administration of this Act and shall
have full power to promulgate, adopt, amend, or revoke such rules
and regulations consistent herewith as may be necessary to imple-
ment this Act and specifically including authority to establish proce-
dures under which charitable organizations may be evaluated for
inclusion in the charitable deductions program. Such procedures may
establish minimum participation levels based upon number of
employees making a designated contribution, dollar amounts of des-
ignated contributions, or other factors as decided by the board and
may exclude otherwise eligible charitable organizations for failure to
attain a minimum participation level.
Section 4. Deductions authorized, (a) Any agency is authorized
to deduct from the salaries or wages of its employees amounts
designated by the employee for the purpose of contribution to chari-
table organizations. No such deduction procedure shall be imple-
mented without the approval of the head of the agency.
(b) No deduction shall be made without the written request of
the employee, which request shall designate the amount which is to be
deducted. Deductions shall be made monthly or to coincide with each
pay period as determined by the head of the agency. No deduction
GEORGIA LAWS 1982 SESSION
2277
shall be made for less than one dollar per deduction period nor for less
than one dollar per designated charitable organization. Employees
shall be clearly apprised, on solicitation materials, of the manner in
which funds will be distributed. All deduction authorizations shall
remain continuously in effect until changed or canceled in writing by
the employee. No deduction shall be made for the benefit of any
organization which fails to qualify as otherwise provided herein.
Section 5. Confidentiality; coercion prohibited, (a) No person
shall disclose to any other person names of contributors or the
amounts or designations of authorized charitable deductions of
another, except as is necessary to accomplish the purpose of this Act
or as otherwise authorized in writing by the person whose contribu-
tions are sought to be disclosed. Provided, however, that this prohibi-
tion against disclosure shall not bar appropriate state or federal tax
authorities from access necessary to establish the tax status of
charitable organizations receiving these funds.
(b) No person shall pressure, coerce, or in any way intimidate
any employee to have charitable deductions made from the
employees salary or with reference to the amount of deductions to be
made. The head of each agency shall review any violations or alleged
violations of this section and assure that appropriate action is taken,
which may include, without being limited to, discharge from employ-
ment, consistent with policies of the agency and with rules and
regulations of the State Personnel Board.
Section 6. Distribution of funds. The board shall promulgate
regulations necessary and expedient to accomplishing the distribu-
tion of funds deducted from employees salaries, honoring employee
designations and in keeping with requirements provided in this Act.
Undesignated funds shall be fairly and impartially distributed as
determined by the board.
Section 7. Administrative expense. The state shall be reim-
bursed by participating charitable organizations, in direct proportion
to their receipts, for its additional, direct cost of making deductions
and remitting the proceeds. To minimize time and administrative
expense, activities related to the management of the funds, such as
preparation of materials, solicitor training, fiscal agent duties, and
similar activities, may be delegated by the board to a participating
party.
2278
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 8. Deductions as a privilege. Deductions from salaries of
employees and transmittal of funds to charitable organizations may
be offered as a privilege for the convenience of employees and no right
of action shall accrue to the employee or to any charitable organiza-
tion for errors, omissions, or decisions of administrative employees or
officials regarding such deductions. The board is the sole judge of
charitable organizations to be included on or excluded from solicita-
tion lists of organizations eligible for deducted funds. Charitable
organizations may be omitted from eligibility for designation or
distribution of deducted funds without any liability on the part of any
state official or employee.
Part 2
Section 9. Chapter 20 of Title 45 of the Official Code of Georgia
Annotated, relating to state personnel administration, is amended by
adding a new Article 3 to read as follows:
ARTICLE 3
45-20-50. It is the purpose of this article to permit voluntary
deductions from wages or salaries of employees of the State of Georgia
for the benefit of eligible charitable health and human care organiza-
tions and to provide for the distribution of funds collected through a
process which involves minimal disruption of work time and provides
reasonable assurance to the employees that their contributions are
well used.
45-20-51. As used in this article, the term:
(1) Agency means any agency, as defined in Code Section
45-20-2, which has full-time paid state employees but does not
include the board of regents or institutions thereunder.
(2) Charitable organization means any voluntary health
and welfare agency that is:
(A) A private, self-governing, nonprofit organization
financed primarily by contributions from the public and
chartered or authorized to do business in the State of Georgia;
(B) Exempt from taxation under Code Section 48-7-25;
GEORGIA LAWS 1982 SESSION
2279
(C) One to which contributions are authorized as
deductible by Section 170 of the United States Internal
Revenue Code of 1954, as amended;
(D) Qualified as an organization as defined in Section
501(c)(3) of the United States Internal Revenue Code; and
(E) Not a religious organization except that a religious
organization is not disqualified to the extent that it operates a
health and human care function on a nonsectarian basis with
a distinct and separate budget for this function.
(3) Eligible voluntary charitable organizations means a
charitable organization which:
(A) Actively conducts health or welfare programs and
provides services to individuals directed at one or more of the
following common human needs within a community: service,
research, and education in the health field; family and child
care services; protective services for children and adults;
services for children and adults in foster care; services related
to the management and maintenance of the home; day care
services for adults; transportation services; information,
referral, and counseling services; the preparation and delivery
of meals; adoption services; emergency shelter, care, and relief
services; safety services; neighborhood and community orga-
nization services; recreation services; social adjustment and
rehabilitation services; health support services; or a combina-
tion of such services designed to meet the special needs of
specific groups such as children and youth, the aged, the ill
and infirm, or the physically handicapped;
(B) Provides direct and substantial services on a state-
wide basis or is one of the federated charitable organizations
that coordinates fund raising and allocations for local charita-
ble organizations in the various geographic areas in which
employees are solicited;
(C) Observes a policy and practice of nondiscrimina-
tion on the basis of race, color, religion, sex, or national origin,
which policy is applicable to persons served by the agency, to
agency staff employment, and to membership on the agencys
governing board; and
2280
GENERAL ACTS AND RESOLUTIONS, VOL. I
(D) Does not expend a substantial portion of its efforts
to influence the outcome of elections or the determination of
public policy.
(4) Eligible voluntary charitable organization also includes
health and welfare agencies which are members of a federated,
nonsectarian, nonpolitical, eligible voluntary charitable organiza-
tion subject to such rules and regulations as the board may
prescribe.
(5) Employee means any person receiving a payroll check
from the state for personal service to an agency. Employee does
not include those persons receiving a payroll check issued by a
county.
45-20-52. The State Personnel Board shall serve as the policy-
setting body for administration of this article and shall have full
power to promulgate, adopt, amend, or revoke such rules and regula-
tions consistent herewith as may be necessary to implement this
article. The board shall have specific authority to establish proce-
dures under which charitable organizations may be evaluated for
inclusion in the charitable deductions program. Only eligible volun-
tary charitable organizations which are approved by the board may
participate in the program. Such procedures may include minimum
participation levels based upon number of employees making a
designated contribution, dollar amounts of designated contributions,
or other factors as decided by the board and may exclude otherwise
eligible charitable organizations for failure to attain a minimum
participation level.
45-20-53. (a) Any agency is authorized to deduct from the
salaries or wages of its employees amounts designated by the
employee for the purpose of contribution to charitable organizations.
No such deduction procedure shall be implemented without the
approval of the chief executive officer or governing board of the
agency.
(b) No deduction shall be made without the written request of
the employee, which request shall designate the amount which is to be
deducted. Deductions shall be made monthly or to coincide with each
pay period as determined by the agency. No deduction shall be made
for less than $1.00 per deduction period or for less than $1.00 per
designated charitable organization. Employees shall be clearly
GEORGIA LAWS 1982 SESSION
2281
apprised, on solicitation materials, of the manner in which funds will
be distributed. All deduction authorizations shall remain continu-
ously in effect until changed or canceled in writing by the employee.
No deduction shall be made for the benefit of any organization which
fails to secure approval of the board.
45-20-54. (a) No person shall disclose to any other person
names of contributors or the amounts or designations of authorized
charitable deductions of another, except as is necessary to accomplish
the purpose of this article or as otherwise authorized in writing by the
person whose contributions are sought to be disclosed. This prohibi-
tion against disclosure shall not, however, bar appropriate state or
federal tax authorities from access necessary to establish the tax
status of charitable organizations receiving these funds.
(b) No person shall pressure, coerce, or in any way intimidate
any employee to have charitable deductions made from the
employees salary or with reference to the amount of deductions to be
made. Each agency shall review any violations or alleged violations of
this subsection and assure that appropriate action is taken. Such
action may include, without being limited to, discharge from employ-
ment, consistent with policies of the agency and with rules and
regulations of the board.
45-20-54. The board shall promulgate regulations necessary and
expedient to accomplishing the distribution of funds deducted from
employees salaries, honoring employee designations. Undesignated
funds shall be fairly and impartially distributed as determined by the
board.
45-20-55. The state shall be reimbursed by participating chari-
table organizations, in direct proportion to their receipts, for its
additional direct cost of making deductions and remitting the pro-
ceeds. To minimize time and administrative expense, activities
related to the management of the funds such as preparation of
materials, solicitor training, fiscal agent duties, and similar activities
may be delegated by the board to a participating party.
45-20-56. Deductions from salaries of employees and transmittal
of funds to charitable organizations may be offered as a privilege for
the convenience of employees and no right of action shall accrue to
the employee or to any charitable organization for errors, omissions,
or decisions of administrative employees or officials regarding such
2282
GENERAL ACTS AND RESOLUTIONS, VOL. I
deductions. The board is the sole judge of charitable organizations
approved for participation in the program. Charitable organizations
may be disapproved without any liability on the part of any state
official or employee.
Part 3
Section 10. In the event any section, subsection, sentence,
clause, or phrase of this Act shall be declared or adjudged invalid or
unconstitutional, such adjudication shall in no manner affect the
other sections, subsections, sentences, clauses, or phrases of this Act,
which shall remain of full force and effect as if the section, subsection,
sentence, clause, or phrase so declared or adjudged invalid or uncon-
stitutional were not originally a part hereof. The General Assembly
declares that it would have passed the remaining parts of this Act if it
had known that such part or parts hereof would be declared or
adjudged invalid or unconstitutional.
Section 11. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 12. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 22,1982.
GEORGIA LAWS 1982 SESSION
2283
STATEWIDE PROBATION ACT AMENDED.
Code Section 42-8-35.1 Enacted.
No. 1536 (Senate Bill No. 720).
AN ACT
To amend an Act known as the Statewide Probation Act,
approved February 8,1956 (Ga. L. 1956, p. 27), as amended, so as to
provide for a special term of probation for persons convicted of
certain violations of the Georgia Controlled Substances Act in
addition to any term of imprisonment; to provide for additional years
of special probation for second or subsequent offenders; to provide for
revocation of probation and an additional period of confinement
under certain conditions; to provide for suspension of special proba-
tion; to provide for powers of the court; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to provide
for automatic repeal of certain provisions of this Act; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section is An Act known as the Statewide Probation Act,
approved February 8, 1956 (Ga. L. 1956, p. 27), as amended, is
amended by adding between Sections 10 and 11 a new section, to be
designated Section 10A, to read as follows:
Section 10A. (a) Notwithstanding any other provisions of law,
the court, when imposing a sentence of imprisonment after a convic-
tion of a violation of subsections (b), (d), (f), (j), or (k) or paragraph
(3) of subsection (1) of Code Section 79A-811, shall impose a special
term of probation of three years in addition to such term of impris-
onment; provided, however, upon a second or subsequent conviction
of a violation of the provisions of Code Section 79A-811 as stated
herein, the special term of probation shall be six years in addition to
any term of imprisonment.
(b) A special term of probation imposed under this section may
be revoked if the terms and conditions of probation are violated. In
such circumstances the original term of imprisonment shall be
2284
GENERAL ACTS AND RESOLUTIONS, VOL. I
increased by the period of the special term of probation and the
resulting new term of imprisonment shall not be diminished by the
time which was spent on special probation. A person whose special
term of probation has been revoked may be required to serve all or
part of the remainder of the new term of imprisonment. A special
term of probation provided for in this section shall be in addition to,
and not in lieu of, any other probation provided for by law; but said
probation shall be supervised in the same manner as other probations
as provided by law.
(c) Upon written application by the probationer to the trial
court, the court may, in its discretion, suspend the balance of any
special term of probation, provided that at least one-half of said
special term of probation has been completed and all fines associated
with the original sentence have been paid and all other terms of the
original sentence and the terms of the special probation have been
met by the probationer.
Part 2
Section 2. Chapter 8 of Title 42 of the Official Code of Georgia
Annotated, relating to probation, is amended by adding between
Code Sections 42-8-35 and 42-8-36 a new Code section, to be desig-
nated Code Section 42-8-35.1, to read as follows:
42-8-35.1. (a) Notwithstanding any other provisions of law,
the court, when imposing a sentence of imprisonment after a convic-
tion of a violation of subsections (b), (d), or (f) of Code Section 16-13-
30 or after a conviction of a violation of Code Section 16-13-31, shall
impose a special term of probation of three years in addition to such
term of imprisonment; provided, however, upon a second or subse-
quent conviction of a violation of the provisions of such Code sections
as stated herein, the special term of probation shall be six years in
addition to any term of imprisonment.
(b) A special term of probation imposed under this Code section
may be revoked if the terms and conditions of probation are violated.
In such circumstances the original term of imprisonment shall be
increased by the period of the special term of probation and the
resulting new term of imprisonment shall not be diminished by the
time which was spent on special probation. A person whose special
term of probation has been revoked may be required to serve all or
part of the remainder of the new term of imprisonment. A special
GEORGIA LAWS 1982 SESSION
2285
term of probation provided for in this Code section shall be in
addition to, and not in lieu of, any other probation provided for by law
and shall be supervised in the same manner as other probations as
provided in this chapter.
(c) Upon written application by the probationer to the trial
court, the court may, in its discretion, suspend the balance of any
special term of probation, provided that at least one-half of said
special term of probation has been completed and all fines associated
with the original sentence have been paid and all other terms of the
original sentence and the terms of tbe special probation have been
met by the probationer.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
2286
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA SELF-SERVICE STORAGE FACILITY
ACT.
Code Title 10, Chapter 4 Amended.
No. 1537 (House Bill No. 148).
AN ACT
To define self-service storage facilities; to provide for a short
title; to provide for additional definitions; to provide a lien on all
personal property stored at such facilities in favor of the owners
thereof; to provide a procedure for the enforcement of such lien; to
provide for other matters relative to the foregoing; to amend the
Official Code of Georgia Annotated accordingly; to provide for effec-
tive dates and for applicability; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Short title. This Act shall be known and may be cited
as the Georgia Self-service Storage Facility Act.
Section 2. Definitions. As used in this Act, unless the context
clearly requires otherwise:
(1) Self-service storage facility: means any real property
designed and used for the purpose of renting or leasing individual
storage space to occupants who are to have access to such for the
purpose of storing and removing personal property. No occupant
shall use a self-service storage facility for residential purposes. A
self-service storage facility is not a warehouse within the meaning
of the Act known as the Georgia State Warehouse Act, approved
December 22, 1953 (Ga. L. 1953, Nov.-Dee. Sess., p. 412), as
amended, and the provisions of law relative to bonded public
warehousemen shall not apply to the owner of a self-service
storage facility. A self-service storage facility is not a safety
deposit box or vault maintained by banks, trust companies, or
other financial entities.
GEORGIA LAWS 1982 SESSION
2287
(2) Owner means the owner, operator, lessor or sublessor
of a self-service storage facility, his agent, or any other person
authorized by him to manage the facility or to receive rent from an
occupant under a rental agreement.
(3) Occupant means a person, his sublessee, successor or
assign entitled to the use of the storage space at a self-service
storage facility under a rental agreement, to the exclusion of
others.
(4) Rental agreement means any agreement or lease, writ-
ten or oral, that establishes or modifies the terms, conditions,
rules, or any other provisions concerning the use and occupancy of
a self-service storage facility.
(5) Personal property means movable property not
affixed to land and includes, but is not limited to, goods, merchan-
dise, and household items. It specifically excludes motor vehicles
or other property evidenced by certificate of title.
(6) Last known address means that address provided by
the occupant in the latest rental agreement or the address pro-
vided by the occupant in a subsequent written notice of a change
of address.
Section 3. Lien. The owner of a self-service storage facility and
his heirs, executors, administrators, successors, and assigns have a
lien upon all personal property located at a self-service storage facility
for rent, labor or other charges, present or future, in relation to the
personal property and for expenses necessary for its preservation or
expenses reasonably incurred in its sale or other disposition pursuant
to this Act. The lien provided for in this section is superior to any
other lien or security interest except those which are perfected and
recorded prior to date of rental agreement in Georgia in the name of
the occupant, either in the county of occupants last known address
or in the county where the self-service storage facility is located,
except any tax lien as otherwise provided by law, and except any
lienholder with an interest in the property of whom the owner has
knowledge either through the disclosure provision of the rental
agreement or through other written notice. The lien attaches as of the
date the personal property is brought to the self-service storage
facility.
2288
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. Enforcement of Lien. Provided that it complies with
the requirements of this section, owner may enforce its lien without
judicial intervention. Owner shall obtain from occupant a written
rental agreement which includes the following language:
This agreement, made and entered into this ___________ day of
_______________, 19____, by and between________________, hereinafter
called Owner and __________________, hereinafter called Occupant,
whose last known address is_____________________. For the consider-
ation hereinafter stated, the Owner agrees to let the Occupant use and
occupy a space in the self-service storage facility, known as
_______________________, situated in the City of_______, County of
_________, State of Georgia, and more particularly described as fol-
lows: Building #_______, Space #_______, Size________. Said space is
to be occupied and used for the purposes specified herein and subject
to the conditions set forth for a period of_____, beginning on the
_____day of_______________, 19_____, and continuing month to month
until terminated.
Space, as used in this agreement, will be that part of the self-
service storage facility as described above. The Occupant agrees to
pay the Owner, as payment for the use of the space and improvements
thereon, the monthly sum of $__________. Monthly installments are
payable in advance on or before the first of each month, in the amount
of $________, and a like amount for each month thereafter, until the
termination of this agreement.
If any monthly installment is not paid by the tenth of the month
due, or if any check given in payment is dishonored, Occupant shall be
deemed to be in default.
Occupant further agrees to pay the sum of one months fees, which
shall be used as a clean-up and maintenance fund, and is to be used, if
required, for the repair of any damage done to the space and to clean
up the space at the termination of the agreement. In the event that
the space is left in a good state of repair, and in a broom-swept
condition, then this amount shall be refunded to the Occupant.
However, it is agreed to between the parties that the Owner may set
off any claims it may have against the Occupant from this fund.
The space named herein is to be used by the Occupant solely for
the purpose of storing any personal property belonging to the Occu-
pant. The Occupant agrees not to store any explosives, highly
GEORGIA LAWS 1982 SESSION
2289
inflammable, or any other goods in the space which would cause
danger to the space. The Occupant agrees that the property will not
be used for any unlawful purposes and the Occupant agrees not to
commit waste, nor alter, nor affix signs on the space, and will keep the
space in good condition during the term of this agreement.
OWNER HAS A LIEN ON ALL PERSONAL PROPERTY
STORED IN OCCUPANTS SPACE FOR RENT, LABOR, OR
OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO
THE PERSONAL PROPERTY, AND FOR ITS PRESERVATION
OR EXPENSES REASONABLY INCURRED IN ITS SALE OR
OTHER DISPOSITION PURSUANT TO THIS AGREEMENT.
PERSONAL PROPERTY STORED IN OCCUPANTS SPACE
WILL BE SOLD OR OTHERWISE DISPOSED OF, IF NO PAY-
MENT HAS BEEN RECEIVED FOR A CONTINUOUS THIRTY-
DAY PERIOD AFTER DEFAULT. IF ANY MONTHLY
INSTALLMENT IS NOT MADE BY THE TENTH OF THE
MONTH DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS
DISHONORED, THE OCCUPANT IS IN DEFAULT FROM DATE
PAYMENT WAS DUE.
For purposes of Owners lien: personal property means movable
property, not affixed to land, and includes, but is not limited to,
goods, merchandise, and household items and specifically excludes
motor vehicles or other property evidenced by certificate of title;
Last known address means that address provided by the Occupant
. in the latest rental agreement or the address provided by the Occu-
pant in a subsequent written notice of a change of address.
The Owners lien is superior to any other lien or security interest,
except those which are perfected and recorded prior to date of this
rental agreement in Georgia, in the name of the Occupant, either in
the county of the Occupants last known address or in the county
where the self-service storage facility is located, except any tax lien as
provided by law and except those liens or security interests of whom
the Owner has knowledge through the Occupants disclosure in this
rental agreement or through other written notice. Occupant attests
that the personal property in his space(s) is free and clear of all liens
and secured interests except for______________________. The Owners lien
attaches as of the date the personal property is brought to the self-
service storage facility.
2290
GENERAL ACTS AND RESOLUTIONS, VOL. I
If Occupant has been in default continuously for thirty (30) days,
Owner may enforce its lien, provided Owner shall comply with the
following procedure:
The Occupant shall be notified in writing by delivery in
person or by certified mail to the last known address of Occupant.
The Owner also shall notify other parties with superior liens or
security interests as defined in this rental agreement. Such notice
shall be presumed delivered when notice of delivery, failure to
accept delivery, or the impossibility of delivery is received by
Owner.
Owners notice to Occupant shall include an itemized state-
ment of the Owners claim showing the sum due, at the time of the
notice, and the date when the sum became due. It shall briefly and
generally describe the personal property subject to the lien. The
description shall be reasonably adequate to permit the person(s)
notified to identify it, except that any container included, but not
limited to, a trunk, valise, or box that is locked, fastened, sealed, or
tied in a manner which deters immediate access to its contents
may be described as such without describing its contents. Owners
notice shall notify Occupant of denial of access to the personal
property and provide the name, street address, and telephone
number of the Owner or its designed agent, whom the Occupant
may contact to respond to this notice. Owners notice shall
demand payment within a specified time, not less than fourteen
(14) days after delivery of the notice. It shall state that, unless the
claim is paid, within the time stated in the notice, the personal
property will be advertised for public sale to the highest bidder,
and will be sold at a public sale to the highest bidder, at a specified
time and place.
After the expiration of the time given in Owners notice, Owner
shall publish an advertisement of the public sale to the highest
bidder, once a week, for two consecutive weeks, in a newspaper of
general circulation where the self-service storage facility is located.
The advertisement shall include: a brief and general description of
the personal property, reasonably adequate to permit its identifica-
tion; the address of the self-service storage facility, and the number, if
any, of the space where the personal property is located, and the name
of the Occupant; the time, place, and manner of the public sale. The
public sale to the highest bidder shall take place not sooner than
fifteen (15) days after the first publication. If there is no newspaper
GEORGIA LAWS 1982 SESSION
2291
of general circulation where the self-service storage facility is located,
the advertisement shall be posted at least ten (10) days before the
date of the public sale and in not less than six (6) conspicuous places
in the neighborhood where the self-service storage facility is located.
If no one purchases the property at the public sale and if the
Owner has complied with the foregoing procedures, the Owner may
otherwise dispose of the property and shall notify the Occupant of the
action taken. Any sale or disposition of the personal property shall be
held at the self-service storage facility or at the nearest suitable place
to where the personal property is held or stored.
Before any sale or other disposition of personal property pursuant
to this agreement, the Occupant may pay the amount necessary to
satisfy the lien and the reasonable expenses incurred, and thereby
redeem the personal property and thereafter the Owner shall have no
liability to any person with respect to such personal property.
A Purchaser in good faith of the personal property sold to satisfy
Owners lien takes the property free of any rights of persons against
whom the lien was valid, despite noncompliance by the Owner with
the requirements of this agreement.
In the event of a sale, the Owner may satisfy his lien from the
proceeds of the sale. The Owner shall hold the balance of the
proceeds, if any, for the Occupant or any notified, secured interest
holder. If not claimed within two years of the date of sale, the balance
of the proceeds shall be disposed of in accordance with the Disposi-
tion of Unclaimed Property Act (Acts 1972, pp. 762,764) Chapter 85-
20 and as it may be amended. In no event shall the Owners liability
exceed the proceeds of the sale.
Section 5. Supplemental Nature of Act. Nothing in this Act
shall be construed as in any manner impairing or affecting the right of
the parties to create additional rights, duties, and obligations in and
by virtue of the rental agreement. The rights provided by this Act
shall be in addition to all other rights allowed by law to a creditor
against his debtor.
SectionG. Savings clause, (a) All rental agreements entered into
before the effective date of this Act, and not extended or renewed
after that date, and the rights and duties and interests flowing from
them shall remain valid and may be enforced or terminated in
2292
GENERAL ACTS AND RESOLUTIONS, VOL. I
accordance with their terms or as permitted by any other statute or
law of this state.
(b) This Act shall apply to rental agreements entered into or
extended or renewed on or after July 1,1982.
Part 2
Section 7. Chapter 4 of Title 10 of the Official Code of Georgia
Annotated, relating to warehousing, is amended by adding a new
Article 5 to read as follows:
ARTICLE 5
10-4-210. This article shall be known and may be cited as the
Georgia Self-service Storage Facility Act.
10-4-211. For purposes of this article, the term:
(1) Last known address means that address provided by
the occupant in the latest rental agreement or the address pro-
vided by the occupant in a subsequent written notice of a change
of address.
(2) Occupant means a person, his sublessee, successor, or
assign entitled to the use of the storage space at a self-service
storage facility under a rental agreement, to the exclusion of
others.
(3) Owner means the owner, operator, lessor, or sublessor
of a self-service storage facility, his agent, or any other person
authorized by him to manage the facility or to receive rent from an
occupant under a rental agreement.
(4) Personal property means movable property not affixed
to land and includes, but is not limited to, goods, merchandise,
and household items. It specifically excludes motor vehicles or
other property evidenced by certificate of title.
(5) Rental agreement means any agreement or lease, writ-
ten or oral, that establishes or modifies the terms, conditions,
rules, or any other provisions concerning the use and occupancy of
a self-service storage facility.
GEORGIA LAWS 1982 SESSION
2293
(6) Self-service storage facility means any real property
designed and used for the purpose of renting or leasing individual
storage space to occupants who are to have access to such for the
purpose of storing and removing personal property. No occupant
shall use a self-service storage facility for residential purposes. A
self-service storage facility is not a warehouse within the meaning
of Article 1 of this chapter known as the Georgia State Warehouse
Act, and the provisions of law relative to bonded public war-
ehousemen shall not apply to the owner of a self-service storage
facility. A self-service storage facility is not a safety deposit box or
vault maintained by banks, trust companies, or other financial
entities.
10-4-212. The owner of a self-service storage facility and his
heirs, executors, administrators, successors, and assigns have a lien
upon all personal property located at a self-service storage facility for
rent, labor, or other charges, present or future, in relation to the
personal property and for expenses necessary for its preservation or
expenses reasonably incurred in its sale or other disposition pursuant
to this article. The lien provided for in this Code section is superior to
any other lien or security interest except those which are perfected
and recorded prior to date of rental agreement in Georgia in the name
of the occupant, either in the county of occupants last known address
or in the county where the self-service storage facility is located,
except any tax lien as otherwise provided by law and except any
lienholder with an interest in the property of whom the owner has
knowledge either through the disclosure provision of the rental
agreement or through other written notice. The lien attaches as of the
date the personal property is brought to the self-service storage
facility.
10-4-213. Provided that it complies with the requirements of
this Code section, an owner may enforce the lien without judicial
intervention. Owner shall obtain from occupant a written rental
agreement which includes the following language:
This agreement, made and entered into this________day of
_______________, 19___________________________________, by and between___________________, herein-
after called Owner and________________________________, hereinafter called Occu-
pant, whose last known address is_____________________. For the
consideration hereinafter stated, the Owner agrees to let the
Occupant use and occupy a space in the self-service storage
facility, known as ______________________, situated in the City
2294 GENERAL ACTS AND RESOLUTIONS, VOL. I
of__________, County of__________, State of Georgia, and more
particularly described as follows: Building #______, Space #
_____, Size________. Said space is to be occupied and used for the
purposes specified herein and subject to the conditions set forth
for a period of _________, beginning on the _______ day of
____________, 19___, and continuing month to month until ter-
minated.
Space, as used in this agreement, will be that part of the self-
service storage facility as described above. The Occupant agrees
to pay the Owner, as payment for the use of the space and
improvements thereon, the monthly sum of $_________. Monthly
installments are payable in advance on or before the first of each
month, in the amount of $________, and a like amount for each
month thereafter, until the termination of this agreement.
If any monthly installment is not paid by the tenth of the
month due, or if any check given in payment is dishonored,
Occupant shall be deemed to be in default.
Occupant further agrees to pay the sum of one months fees,
which shall be used as a clean-up and maintenance fund, and is to
be used, if required, for the repair of any damage done to the space
and to clean up the space at the termination of the agreement. In
the event that the space is left in a good state of repair, and in a
broom-swept condition, then this amount shall be refunded to the
Occupant. However, it is agreed to between the parties that the
Owner may set off any claims it may have against the Occupant
from this fund.
The space named herein is to be used by the Occupant solely
for the purpose of storing any personal property belonging to the
Occupant. The Occupant agrees not to store any explosives or any
highly inflammable goods or any other goods in the space which
would cause danger to the space. The Occupant agrees that the
property will not be used for any unlawful purposes and the
Occupant agrees not to commit waste, nor alter, nor affix signs on
the space, and will keep the space in good condition during the
term of this agreement.
OWNER HAS A LIEN ON ALL PERSONAL PROPERTY
STORED IN OCCUPANTS SPACE FOR RENT, LABOR, OR
OTHER CHARGES, PRESENT OR FUTURE, IN RELATION
GEORGIA LAWS 1982 SESSION
2295
TO THE PERSONAL PROPERTY, AND FOR ITS PRESER-
VATION OR EXPENSES REASONABLY INCURRED IN ITS
SALE OR OTHER DISPOSITION PURSUANT TO THIS
AGREEMENT. PERSONAL PROPERTY STORED IN OCCU-
PANTS SPACE WILL BE SOLD OR OTHERWISE DIS-
POSED OF, IF NO PAYMENT HAS BEEN RECEIVED FOR A
CONTINUOUS THIRTY-DAY PERIOD AFTER DEFAULT.
IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE
TENTH OF THE MONTH DUE, OR IF ANY CHECK GIVEN
IN PAYMENT IS DISHONORED, THE OCCUPANT IS IN
DEFAULT FROM DATE PAYMENT WAS DUE.
For purposes of Owners lien: personal property means
movable property, not affixed to land, and includes, but is not
limited to, goods, merchandise, and household items and specifi-
cally excludes motor vehicles or other property evidenced by
certificate of title; Last known address means that address
provided by the Occupant in the latest rental agreement or the
address provided by the Occupant in a subsequent written notice
of a change of address.
The Owners lien is superior to any other lien or security
interest, except those which are perfected and recorded prior to
date of this rental agreement in Georgia, in the name of the
Occupant, either in the county of the Occupants last known
address or in the county where the self-service storage facility is
located, except any tax lien as provided by law and except those
liens or security interests of whom the Owner has knowledge
through the Occupants disclosure in this rental agreement or
through other written notice. Occupant attests that the personal
property in his space(s) is free and clear of all liens and secured
interests except for___________. The Owners lien attaches as of
the date the personal property is brought to the self-service
storage facility.
If Occupant has been in default continuously for thirty (30)
days, Owner may enforce its lien, provided Owner shall comply
with the following procedure:
The Occupant shall be notified in writing by delivery in
person or by certified mail to the last known address of
Occupant. The Owner also shall notify other parties with
superior liens or security interests as defined in this rental
2296
GENERAL ACTS AND RESOLUTIONS, VOL. I
agreement. Such notice shall be presumed delivered when
notice of delivery, failure to accept delivery, or the
impossibility of delivery is received by Owner.
Owners notice to Occupant shall include an itemized
statement of the Owners claim showing the sum due, at the
time of the notice, and the date when the sum became due. It
shall briefly and generally describe the personal property
subject to the lien. The description shall be reasonably
adequate to permit the person(s) notified to identify it,
except that any container included, but not limited to, a
trunk, valise, or box that is locked, fastened, sealed, or tied in
a manner which deters immediate access to its contents may
be described as such without describing its contents. Owners
notice shall notify Occupant of denial of access to the per-
sonal property and provide the name, street address, and
telephone number of the Owner or its designed agent, whom
the Occupant may contact to respond to this notice. Owners
notice shall demand payment within a specified time, not less
than fourteen (14) days after delivery of the notice. It shall
state that, unless the claim is paid, within the time stated in
the notice, the personal property will be advertised for public
sale to the highest bidder, and will be sold at a public sale to
the highest bidder, at a specified time and place.
After the expiration of the time given in Owners notice,
Owner shall publish an advertisement of the public sale to the
highest bidder, once a week, for two consecutive weeks, in a
newspaper of general circulation where the self-service storage
facility is located. The advertisement shall include: a brief and
general description of the personal property, reasonably adequate
to permit its identification; the address of the self-service storage
facility, and the number, if any, of the space where the personal
property is located, and the name of the Occupant; and the time,
place, and manner of the public sale. The public sale to the
highest bidder shall take place not sooner than fifteen (15) days
after the first publication. If there is no newspaper of general
circulation where the self-service storage facility is located, the
advertisement shall be posted at least ten (10) days before the
date of the public sale and in not less than six (6) conspicuous
places in the neighborhood where the self-service storage facility is
located.
GEORGIA LAWS 1982 SESSION
2297
If no one purchases the property at the public sale and if the
Owner has complied with the foregoing procedures, the Owner
may otherwise dispose of the property and shall notify the Occu-
pant of the action taken. Any sale or disposition of the personal
property shall be held at the self-service storage facility or at the
nearest suitable place to where the personal property is held or
stored.
Before any sale or other disposition of personal property
pursuant to this agreement, the Occupant may pay the amount
necessary to satisfy the lien and the reasonable expenses incurred,
and thereby redeem the personal property and thereafter the
Owner shall have no liability to any person with respect to such
personal property.
A Purchaser in good faith of the personal property sold to
satisfy Owners lien takes the property free of any rights of persons
against whom the lien was valid, despite noncompliance by the
Owner with the requirements of this agreement.
In the event of a sale, the Owner may satisfy his lien from the
proceeds of the sale. The Owner shall hold the balance of the
proceeds, if any, for the Occupant or any notified, secured interest
holder. If not claimed within two years of the date of sale, the
balance of the proceeds shall be disposed of in accordance with
Article 5 of Code Chapter 44-12, the Disposition of Unclaimed
Property Act. In no event shall the Owners liability exceed the
proceeds of the sale.
10-4-214. Nothing in this article shall be construed as in any
manner impairing or affecting the right of the parties to create
additional rights, duties, and obligations in and by virtue of the rental
agreement. The rights provided by this article shall be in addition to
all other rights allowed by law to a creditor against his debtor.
10-4-215. All rental agreements entered into before July 1,1982,
and not extended or renewed after that date, and the rights and
duties and interests flowing from them shall remain valid and may be
enforced or terminated in accordance with their terms or as permitted
by any other statute or law of this state.
2298
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 8. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
MOTOR VEHICLES SPECIAL LICENSE
PLATES FOR STREET RODS.
No. 1538 (House Bill No. 578).
AN ACT
To amend an Act providing for the issuance by the State Revenue
Commissioner of special license plates for antique vehicles, approved
March 25, 1958 (Ga. Laws 1958, p. 302), as amended by an Act
approved March 23,1977 (Ga. Laws 1977, p. 596), so as to provide for
definitions; to provide for the issuance of special license plates for
street rods; to provide the fee for such license plates; to provide for
the validity of such license plates; to provide for the inscription on
such license plates; 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 the issuance by the State
Revenue Commissioner of special license plates for antique vehicles,
GEORGIA LAWS 1982 SESSION
2299
approved March 25,1958 (Ga. Laws 1958, p. 302), as amended by an
Act approved March 23, 1977 (Ga. Laws 1977, p. 596), is hereby
amended by striking Section 1 of said Act in its entirety and inserting
in lieu thereof a new Section 1 to read as follows:
Section 1. (a) As used in this Act, a historical vehicle means any
motor vehicle which is over thirty years old and which is owned solely
as a collectors item and for participation in club activities, exhibi-
tions, tours, parades, and similar uses, but in no event to be used for
general transportation.
(b) As used in this Act, a street rod means a motor vehicle
which has been designed and remanufactured to resemble a historical
vehicle as defined in subsection (a) of this Section and which is owned
solely as a collectors item and for participation in club activities,
exhibitions, tours, parades, and similar uses, but not for general
transportation purposes.
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. Upon application, registration, and payment of a fee
of $7.50, the State Revenue Commissioner shall issue a special license
plate, as herein described, for every antique automobile within the
State. Upon application, registration, and payment of a fee of $25.00,
the State Revenue Commissioner shall issue a special license plate, as
herein described, for every street rod within the State. Said special
license plates shall be valid, without renewal, as long as the vehicle is
in existence.
Section 3. Said Act is further amended by striking Section 3 in
its entirety and inserting in lieu thereof a new Section 3 to read as
follows:
Section 3. (a) For historical vehicles, said license plates shall be
of metal at least six inches wide and not less than twelve inches in
length, and shall show in bold characters the words, Historical
Vehicle, the full name or the abbreviation of the name of the State, a
serial number, and other distinctive markings as in the judgment of
the Commissioner will to the best advantage advertise, popularize
and otherwise promote the State. The serial numbers shall commence
with the number one and continue in consecutive numerical
sequence.
2300
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) For street rods, said license plates shall be of standard size
and shall show in bold characters the words, Street Rod, the full
name or the abbreviation of the name of the State, a serial number,
and other such distinctive markings as in the judgment of the
Commissioner will to the best advantage advertise, popularize, and
otherwise promote the State. The serial numbers shall commence
with the number one and continue in consecutive numerical
sequence.
Section 4. Said Act is further amended by adding after the word
automobile in Section 5 of said Act the following:
or street rod,
so that when so amended, Section 5 of said Act shall read as follows:
Section 5. Upon the sale or transfer of any antique automobile or
street rod for which special license plates have been issued, said plates
may be transferred to the purchaser or transferee upon paying one
($1.00) dollar to the State Revenue Commissioner.
Section 5. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 22,1982.
PRACTICE AND PROCEDURE PREVENTION OF
FAMILY VIOLENCE.
Code Section 19-13-4 Amended.
No. 1539 (House Bill No. 993).
AN ACT
To amend an Act providing procedures for prevention of family
violence, approved April 9, 1981 (Ga. L. 1981, p. 880), so as to
GEORGIA LAWS 1982 SESSION
2301
authorize certain orders or agreements to include provisions that
parties receive psychiatric or psychological services; to amend the
Official Code of Georgia Annotated accordingly; to provide for effec-
tive dates and automatic repeal; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act providing procedures for prevention of family
violence, approved April 9,1981 (Ga. L. 1981, p. 880), is amended by
striking subsection (a) of Section 4 and inserting in its place a new
subsection (a) to read as follows:
(a) The court may, upon the filing of a verified petition, grant
any protective order or approve any consent agreement to bring about
a cessation of acts of family violence. The orders or agreements may:
(1) Direct a party to refrain from such acts;
(2) Grant to a spouse possession of the residence or 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;
(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;
2302
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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) Order either or all parties to receive appropriate psy-
chiatric or psychological services as a further measure to prevent
the recurrence of family violence.
Part 2
Section 2. Code Section 19-13-4 of the Official Code of Georgia
Annotated, relating to granting of protective orders, is amended by
striking subsection (a) and inserting in its place a new subsection (a)
to read as follows:
(a) The court may, upon the filing of a verified petition, grant
any protective order or approve any consent agreement to bring about
a cessation of acts of family violence. The orders or agreements may:
(1) Direct a party to refrain from such acts;
(2) Grant to a spouse possession of the residence or house-
hold of the parties and exclude the other spouse from the resi-
dence or household;
(3) Require a party to provide suitable alternate housing for
a spouse and his or her children;
(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 order 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;
GEORGIA LAWS 1982 SESSION
2303
(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) Order either or all parties to receive appropriate psy-
chiatric or psychological services as a further measure to prevent
the recurrence of family violence.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
2304
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA WATER QUALITY CONTROL ACT
AMENDED.
Code Section 12-5-31 Amended.
No. 1540 (House Bill No. 1109).
AN ACT
To amend Article 2 of Chapter 5 of Title 12 of the Official Code of
Georgia Annotated, known as the Georgia Water Quality Control
Act, so as to provide for monitoring, recording, and reporting certain
information regarding the withdrawal of water from surface waters
for certain irrigation systems; to provide for penalties; 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. Article 2 of Chapter 5 of Title 12 of the Official Code
of Georgia Annotated, known as the Georgia Water Quality Control
Act, is amended by adding at the end of Code Section 12-5-31 a new
subsection (p) to read as follows:
(p) (1) Any other provision of this article notwithstanding, any
person who owns or operates an irrigation system used for agricul-
tural purposes which operation results in the withdrawal of sur-
face waters in excess of 100,000 gallons per day on a monthly
average shall monitor, record, and report to the county agricul-
tural agent of the county in which the irrigation system is located
data necessary to calculate monthly volumes of water withdrawn
from surface-water sources. Such monitoring, recording, and
reporting may be based on any reliable procedure approved in
writing by the director, but the director shall not require the
installation of any such monitoring, recording, and reporting
system which costs more than $100.00 for any single irrigation
system. Monitoring and recording of such data shall begin no later
than the date of receipt of notification from the director that a
particular procedure for monitoring, recording, and reporting has
been approved. Each person affected must file a written request
for such approval with the director by not later than January 1,
1983. The initial report shall be submitted to the appropriate
county agricultural agent no later than April 1,1983. Thereafter,
GEORGIA LAWS 1982 SESSION
2305
an annual report must be submitted to the appropriate county
agricultural agent no later than April 1 of each year.
(2) Each county agricultural agent shall forward the reports
submitted to such agent under paragraph (1) of this subsection to
the director within 30 days after such reports are received by the
county agricultural agent.
(3) Each annual report required by this subsection must
contain all information necessary, including adequate descrip-
tions of all equipment, to enable the director to convert time of use
to volume of surface water withdrawn each month.
(4) Any person subject to this subsection shall provide to
the agent of the director access to the irrigation system for
purposes of verifying data reported and measuring flow. Such
access will be during normal working hours.
(5) Any person violating any provision of this subsection
shall be liable for a civil penalty not to exceed $100.00 for such
violation and an additional civil penalty not to exceed $10.00 for
each day during which such violation continues.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
2306
GENERAL ACTS AND RESOLUTIONS, VOL. I
GROUND WATER USE ACT OF 1972 AMENDED.
Code Section 12-5-105 Amended.
No. 1541 (House Bill No. 1110).
AN ACT
To amend Part 2 of Article 3 of Chapter 5 of Title 12 of the Official
Code of Georgia Annotated, known as the Ground Water Use Act of
1972, so as to change provisions relative to exemptions from said Act;
to provide for penalties; 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. Part 2 of Article 3 of Chapter 5 of Title 12 of the
Official Code of Georgia Annotated, known as the Ground Water
Use Act of 1972, is amended by striking Code Section 12-5-105 which
reads as follows:
12-5-105. Notwithstanding any other provision of this part, this
part shall not apply to persons utilizing or withdrawing water for
agricultural purposes or for poultry-processing purposes. The county
agricultural agent of each county shall annually, upon request of the
division, furnish the division with the best available estimates of the
quantity of ground water used or withdrawn by those persons who are
exempt under this Code section. This estimate shall be determined by
nominal means from available equipment, including pump and power
ratings, but shall not require the installation of metering devices on
the part of those persons utilizing or withdrawing ground water.,
in its entirety and substituting in lieu thereof a new Code Section 12-
5-105 to read as follows:
12-5-105. (a) Except as provided for in this Code section, this
part shall not apply to persons utilizing or withdrawing water for
agricultural purposes.
(b) Any person who owns or operates an irrigation system used
for agricultural purposes which operation results in the withdrawal
and utilization of ground waters in excess of 100,000 gallons per day
GEORGIA LAWS 1982 SESSION
2307
on a monthly average shall monitor, record, and report to the county
agricultural agent of the county in which the irrigation system is
located data necessary to calculate monthly volumes of water with-
drawn from ground-water sources. Such monitoring, recording, and
reporting may be based on any reliable procedure approved in writing
by the director, but the director shall not require the installation of
any such monitoring, recording, and reporting system which costs
more than $100.00 for any single irrigation system. Monitoring and
recording of such data shall begin no later than the date of receipt of
notification from the director that a particular procedure for moni-
toring, recording, and reporting has been approved. Each person
affected must file a written request for such approval with the
director by not later than January 1,1983. The initial report shall be
submitted to the appropriate county agricultural agent no later than
April 1,1983. Thereafter, an annual report must be submitted to the
appropriate county agricultural agent no later than April 1 of each
year.
(c) Each county agricultural agent shall forward the reports
submitted to such agent under subsection (b) of this Code section to
the director within 30 days after such reports are received by the
county agricultural agent.
(d) Each annual report required by this Code section must
contain all information necessary, including adequate descriptions of
all equipment, to enable the director to convert time of use to volume
of ground water withdrawn each month. In addition, the location,
depth, and diameter of the well must be specified.
(e) Any person subject to subsection (b) of this Code section
shall provide to the agents of the director access to the irrigation
system for purposes of verifying data reported and measuring flow.
Such access will be during normal working hours.
(f) Any person violating this Code section shall be liable for a
civil penalty not to exceed $100.00 for such violation and an addi-
tional civil penalty not to exceed $10.00 for each day during which
such violation continues.
Section 2. This Act shall become effective on November 1,1982.
2308
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
BOARD OF REGISTRATION FOR PROFESSIONAL
ENGINEERS AND LAND SURVEYORS AMENDED.
Code Sections 84-2104, 43-15-31 Amended.
No. 1542 (House Bill No. 1160).
AN ACT
To amend Code Section 84-2104, relating to the Board of Regis-
tration for Professional Engineers and Land Surveyors, as amended,
so as to continue the board and the laws relating thereto but to
provide for the later termination of the board and the laws relating
thereto; to amend Chapter 15 of Title 43 of the Official Code of
Georgia Annotated, relating to professional engineers and land sur-
veyors, so as to provide for the same changes described above; to
provide for effective dates and automatic repeal; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 84-2104, relating to the Board of
Registration for Professional Engineers and Land Surveyors, as
amended, is amended by adding at the end thereof a new subsection
(f) to read as follows:
(f) Pursuant to Section 9 of The Act Providing for the Review,
Continuation, Reestablishment or Termination of Regulatory Agen-
cies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or
hereafter amended, the board and the laws relating thereto are
GEORGIA LAWS 1982 SESSION
2309
continued until July 1, 1988, 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.
Part 2
Section 2. Chapter 15 of Title 43 of the Official Code of Georgia
Annotated, relating to professional engineers and land surveyors, is
amended by striking Code Section 43-15-31, which reads as follows:
43-15-31. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the State Board of Registration for
Professional Engineers and Land Surveyors shall be terminated on
July 1, 1982, and this chapter and any other laws relating to such
board shall be repealed in their entirety effective on the date specified
in Code Section 43-2-8.,
and inserting in its place a new Code Section 43-15-31 to read as
follows:
43-15-31. Pursuant to Code Section 43-2-3, the board and the
laws relating thereto are continued until July 1,1988, 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 termina-
tion period, the powers or authority of the board shall not be reduced
or otherwise limited. The laws relative to the board shall be contin-
ued 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.
2310
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act fire
repealed.
Approved April 22,1982.
DEPARTMENT OF COMMUNITY AFFAIRS.
Code Title 50, Chapter 8 Amended.
No. 1543 (House Bill No. 1161).
AN ACT
To amend Chapter 8 of Title 50 of the Official Code of Georgia
Annotated, relating to the Department of Community Affairs, so as to
change the purposes, powers, and duties of said department; to
change the membership and duties of a certain advisory committee
and to provide for the call of special meetings thereof; to provide for
boundary changes of area planning and development commissions; to
change certain powers and duties of such commissions and certain
nonprofit corporations; to change certain powers and duties of the
State Office of Housing Section; to change certain provisions relating
to housing goals and reports; to provide an effective date; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
2311
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 8 of Title 50 of the Official Code of Georgia
Annotated, relating to the Department of Community Affairs, is
amended by striking Code Section 50-8-1 and inserting in its place a
new Code Section 50-8-1 to read as follows:
50-8-1. There is established the Department of Community
Affairs in response to the need of the state to fulfill more effectively
its responsibilities to local governments and communities. The
department shall serve to promote and protect the institution of
general purpose local government in the state and shall serve as the
Governors representative to local communities on a routine basis on
the request of, or on direction from, the Governor in matters affecting
social, economic, human, or intergovernmental relations and, in this
capacity, shall provide mediation, consultation, and fact-finding ser-
vices.
Section 2. Said chapter is further amended by striking subsec-
tion (a) of Code Section 50-8-2 and inserting in its place a new
subsection (a) to read as follows:
(a) The Governor, through the Department of Community
Affairs, shall seek to harmonize the planning activities of local units
of government, area planning and development commissions, joint
units of government, and state agencies so that the planning policies
and objectives of all levels of government are consistent and so that
conflicts of activity for the development of the state are minimized.
Section 3. Said chapter is further amended by striking subsec-
tion (c) of Code Section 50-8-2 and inserting in its place a new
subsection (c) to read as follows:
(c) To advise the Department of Community Affairs in matters
relating to the financial and operational conditions, programs, ser-
vices, intergovernmental relationships, and collective planning stud-
ies of area or multicounty planning and development, the Governor
shall appoint an advisory committee composed of one member recom-
mended by each of the 18 area or multicounty planning and develop-
ment commissions and any such additional commissions as may be
established. The advisory committee shall issue a report of its
activities and findings to the department no later than the first day of
July each year. The members of the advisory committee shall receive
2312
GENERAL ACTS AND RESOLUTIONS, VOL. I
$36.00 per diem for each day in attendance at meetings of the
committee, plus actual mileage expenses. The meetings shall be
limited in number to 12 per year unless one or more special meetings
shall be called by the commissioner of community affairs or the
chairman of the advisory committee. The members shall be compen-
sated for their services on the advisory committee from the funds
appropriated to or available to the area or multicounty planning and
development commission which they respectively represent.
Section 4. Said chapter is further amended by striking Code
Section 50-8-7 and inserting in its place a new Code Section 50-8-7 to
read as follows:
50-8-7. The Department of Community Affairs may apply for,
receive, administer, and utilize any grants or other financial assis-
tance under any federal, private, or public financial sources that may
be made available for achieving the purposes of the department.
Section 5. Said chapter is further amended by striking in their
entirety subsections (a) and (b) of Code Section 50-8-8, which read as
follows:
(a) It shall be the function and duty of the Department of
Community Affairs to make careful and comprehensive surveys and
studies of the existing conditions and probable future growth of the
state and to prepare plans for the physical, social, and economic
development of the state. Such surveys, studies, and plans shall be
made for the purpose of guiding and accomplishing the coordinated,
adjusted, and harmonious development of the state in a manner
which will, in accordance with present and future needs and
resources, best promote the health, safety, morals, order, conve-
nience, prosperity, or the general welfare of the people of the state, as
well as efficiency and economy in the development of the state,
including, among other things, such distribution of population and of
the uses of land within the state for urbanization, trade, industry,
transportation, habitation, recreation, agriculture, forestry, and other
purposes as will tend to create conditions favorable to civic activities
and to economic, recreational, educational, and cultural opportuni-
ties; will tend to reduce the waste of physical, financial, or human
resources which result from either excessive concentration or exces-
sive scattering of population; and will tend to bring about the efficient
and economic conservation, production, and distribution of food,
water, minerals, and public services and facilities.
GEORGIA LAWS 1982 SESSION
2313
(b) The Department of Community Affairs shall aim to harmo-
nize its planning activities with those of departments, agencies, and
instrumentalities of the state and local governments, to assist these
agencies in planning matters for the purpose of securing the well-
coordinated development of the state, and to stimulate widespread
interest and participation in the sound development of the state.
Nothing contained in this Code section shall reduce the planning
powers conferred upon departments, agencies, or instrumentalities of
the state or local governments by law.,
and inserting in their place new subsections (a) and (b) to read as
follows:
(a) It shall be the function and duty of the Department of
Community Affairs to make comprehensive surveys and studies of
the existing physical, social, and economic conditions of the state.
Such surveys and studies shall be made for the purpose of identifying
problems with the coordinated and harmonious development of the
state.
(b) The Department of Community Affairs shall seek to harmo-
nize its planning activities with those of departments, agencies, and
instrumentalities of the state, area planning and development com-
missions, and local governments to assist these agencies in planning
matters for the purpose of securing the quality development of the
state. Nothing contained in this Code section shall reduce the
planning powers conferred upon area planning and development
commissions, departments, agencies, or instrumentalities of the state
or local governments by law.
Section 6. Said chapter is further amended by striking in its
entirety paragraph (1) of subsection (c) of Code Section 50-8-8, which
reads as follows:
(1) Prepare and, from time to time, amend, extend, or add to a
general plan or parts thereof for the overall development of the state.
Such plan, with the accompanying maps, plats, charts, and descrip-
tive matter shall show the departments recommendations for the
development of the state. It may include, among other things, recom-
mendations for the most desirable generalized pattern of land use
within the state for residence, business and industry, parks, reserva-
tions, refuges and other open spaces, forests, agriculture, mining, and
other purposes in the light of the best available information concern-
2314
GENERAL ACTS AND RESOLUTIONS, VOL. I
ing topography, climate, soil and underground conditions, water
courses and bodies of water, and other material or environmental
features, as well as in the light of the best available information
concerning the present and prospective economic resources of the
state, past and future trends of industrial and other developments
and of the population of the state, the habits and standards of life on
the people of the state, and the relation of land use within the state to
land use in adjoining areas. It may also include the major circulation
pattern recommended for the state including major routes and termi-
nals and other facilities for motor vehicle, transit, railroad, airline,
and waterway movement and communication facilities. The plan may
also include recommendations concerning major public and private
buildings, works, and facilities and their sites, such as state institu-
tions, utilities, flood control, water reservoirs and their watersheds,
pollution control facilities, and military and related installations,
which works or facilities, by reason of their function, size, legal status,
extent, or other reason are of state as distinguished from purely local
or private concern, or the authorization, location, or construction of
which is legally within the province or jurisdiction of state bodies or
officials, or which for any other reason are appropriate subjects for
inclusion in a state development plan as distinguished from local
programs or plans. Such plan may be adopted, added to, and changed
from time to time by a majority vote of the Board of Community
Affairs. The plan shall be a public record, but its purpose and effect
shall be solely to aid the department in the performance of its
duties;,
and inserting in its place a new paragraph (1) to read as follows:
(1) To increase the awareness of and response to develop-
mental policies and problems, the department shall, every two years,
prepare a growth and development profile of the state, using, where
available, existing studies, information, and work developed by other
state agencies. Such profile and accompanying maps and descriptive
matter shall include a general description of existing and probable
future patterns of growth and development, a general inventory of
natural resources, an analysis of housing, population, and economic
conditions, and a summary of policies regarding growth and develop-
ment. Significant problems related to these categories shall be
described in the profile. The profile shall be submitted biennially to
the Governor and the General Assembly to assist them in developing
policies for guiding the coordinated and harmonious development of
the state;.
GEORGIA LAWS 1982 SESSION
2315
Section 7. Said chapter is further amended by striking from the
end of paragraph (3) of subsection (c) of Code Section 50-8-8 the
following:
and,
and inserting in its place a semicolon, by striking the period at the end
of paragraph (4) of subsection (c) of Code Section 50-8-8 and inserting
in its place the following:
;and,
and by adding immediately thereafter a new paragraph (5) to read as
follows:
(5) To collect information and data and to conduct research on
local governments for use by the General Assembly, state agencies,
local governments, and their associations and to establish a compre-
hensive base of local government information which shall draw upon
existing information and data within state agencies and utilize infor-
mation and data collected directly from local governments.
Section 8. Said chapter is further amended by adding at the end
of Code Section 50-8-31, relating to boundary changes, a new subsec-
tion (c) to read as follows:
(c) No boundary of an area planning and development commis-
sion may be changed by the Board of Community Affairs without the
approval of a majority of the board members of each such commission
directly affected.
Section 9. Said Code chapter is further amended by striking
paragraph (2) of Code Section 50-8-34, which reads as follows:
(2) Make and enter into all contracts or agreements necessary
or incidental to the performance of its duties and functions;,
and inserting in its place a new paragraph (2) to read as follows:
(2) Make and enter into all contracts or agreements necessary
or incidental to the performance of its duties and functions. Neither a
commission, nor any nonprofit corporation established or controlled
by that commission, may enter into any contract or agreement
2316
GENERAL ACTS AND RESOLUTIONS, VOL. I
obligating that commission or nonprofit corporation to perform ser-
vices for any political subdivision, individual, or business entity
located wholly outside the boundaries of that commission, except that
one commission, on its own behalf and not on behalf or for the direct
benefit of any political subdivision, individual, or business entity
within that commissions boundaries, may contract with another
commission to provide services for the benefit of one or both commis-
sions.,
Section 10. Said chapter is further amended by striking para-
graph (1) of Code Section 50-8-35, which reads as follows:
(1) Review and comment upon applications by units of local
government within the area to state, federal, quasi-governmental, or
private agencies for loans or project grants;,
and inserting in its place a new paragraph (1) to read as follows:
(1) Review and comment upon applications by units of local
government within the area for federal or state grant assistance,
provided that application review and comment shall be performed
only when required by specific grant programs, or the local govern-
ment within its area planning and development commission;.
Section 11. Said chapter is further amended by striking para-
graph (2) of Code Section 50-8-35, which reads as follows:
(2) Prepare an area biennial development program and update
same annually. The program shall include:
(A) Analysis of the current posture of area development and
a review of progress or change so as to evaluate goals or prior
programs;
(B) Objectives of existing and recommended programs;
(C) Six-year schedules of area capital improvements and
other major program expenditures and activities based on a
determination of relative urgency; and recommendations for pos-
sible changes in administration, organization, or procedures to
effect more efficient methods of operation.
GEORGIA LAWS 1982 SESSION
2317
Each area planning and development commission shall annually
conduct public hearings on its proposed programs;,
and inserting in its place the following:
(2) Prepare an area biennial development profile, which profile
shall be at the direction of, on forms and in a format prescribed by
and subject to review by the Department of Community Affairs;.
Section 12. Said chapter is further amended by striking the
period at the end of paragraph (3) of Code Section 50-8-35 and
inserting in its place a semicolon and by inserting immediately
thereafter a new paragraph (4) to read as follows:
(4) Collect, process, and analyze, under the direction of the
Department of Community Affairs, information regarding the opera-
tions of political subdivisions and social, economic, and geographic
statistics for the area.
Section 13. Said chapter is further amended by striking para-
graph (2) of Code Section 50-8-60, which reads as follows:
(2) The State Office of Housing Section shall have the follow-
ing duties:
(A) To be responsible for the planning, development, and
general implementation of a coordinated state housing program;
(B) To provide technical assistance on housing and hous-
ing-related matters throughout the state;
(C) To prepare an annual state housing goal report to be
submitted to the commissioner, who shall review and forward
same to the Governor for presentation to the General Assembly
pursuant to Code Section 50-8-63;
(D) To act in coordination with the Georgia Residential
Finance Authority, created by Article 3 of Chapter 3 of Title 8;
provided, however, that the activities of the housing section shall
not duplicate or infringe upon the responsibilities and duties of
such authority and board;
2318
GENERAL ACTS AND RESOLUTIONS, VOL. I
(E) To perform such housing-related duties as may be
assigned by the commissioner; and
(F) To apply for, receive, and administer federal funds
under any federal housing program for which the state is an
eligible applicant and, in the administration of such funds, to
enter into such contracts as it deems necessary and to expend such
state funds as the General Assembly may appropriate for such
purposes; provided, however, that the department shall not estab-
lish a state housing authority nor operate any municipal, county,
or joint municipal-county housing authority.,
and inserting in its place a new paragraph (2) to read as follows:
(2) The State Office of Housing Section shall have the follow-
ing duties:
(A) To be responsible for the planning, development, and
general implementation of a coordinated state housing program;
(B) To provide technical assistance on housing and hous-
ing-related matters throughout the state;
(C) To act in coordination with the Georgia Residential
Finance Authority, created by Article 3 of Chapter 3 of Title 8;
provided, however, that the activities of the housing section shall
not duplicate or infringe upon the responsibilities and duties of
such authority and board;
(D) To perform such housing-related duties as may be
assigned by the commissioner; and
(E) To apply for, receive, and administer federal funds
under any federal housing program for which the state is an
eligible applicant and, in the administration of such funds, to
enter into such contracts as it deems necessary and to expend such
state funds as the General Assembly may appropriate for such
purposes; provided, however, that the department shall not estab-
lish a state housing authority nor operate any municipal, county,
or joint municipal-county housing authority.
Section 14. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 50-8-61 and inserting in lieu
thereof a new subsection (a) to read as follows:
GEORGIA LAWS 1982 SESSION
2319
(a) The State Office of Housing Section is authorized and
directed to provide 18 outreach workers to the Farmers Home Admin-
istration, to be assigned exclusively to housing-related activities such
as site development, rehabilitation, and home ownership and rental in
rural areas of the state, provided funds for such purposes are appro-
priated. The outreach workers shall be at the assistant county
supervisor level to act as housing specialists.
Section 15. This Act shall become effective on November 1,
1982.
Section 16. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 22,1982.
WIRETAPPING, ETC. SURVEILLANCE DEVICES.
Code Section 16-11-64 Amended.
No. 1544 (House Bill No. 1175).
AN ACT
To amend Code Section 16-11-64 of the Official Code of Georgia
Annotated, relating to the use of wiretapping, eavesdropping, and
other surveillance devices by law enforcement officers, so as to
authorize the use of such devices in investigating crimes involving
importation or sale of controlled substances; to 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 16-11-64 of the Official Code of Georgia
Annotated, relating to the use of wiretapping, eavesdropping, and
other surveillance devices by law enforcement officers, is amended by
striking paragraph (1) of subsection (b) and inserting in its place a
new paragraph (1) to read as follows:
2320 GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) When there is probable cause to believe that a person is
committing or has committed an act which endangers the national
security of the United States or the security of this state or that such
person is committing or has committed the crime of treason, insur-
rection, rebellion, espionage, sabotage, or any felony involving bodily
harm, or any crimes involving arson, kidnapping, narcotics, danger-
ous drugs, importation or sale of marijuana or any controlled sub-
stance, burglary, prostitution, theft, blackmail, extortion, bribery,
gambling, or any felony involving alcoholic beverage laws or auto
thefts or there is probable cause to believe that a private place is being
utilized or has been utilized for the commission of any such crime,
then, upon written application, under oath, of the district attorney of
the circuit wherein the device is to be physically placed, or the
Attorney General, which application affirms that there is probable
cause to believe:
(A) That a person is committing or has committed any of
the crimes enumerated in this paragraph; or
(B) That a private place is being utilized or has been
utilized for the commission of any of the crimes enumerated in
this paragraph and sets forth specifically the basis of such proba-
ble cause and particularly describes the person or place, the crime
or crimes, the device or devices to be used, and the specific
conversations and activities to be overheard or observed, as the
case may be, any judge of the superior court of the circuit aforesaid
may issue an investigation warrant permitting the use of devices,
as defined by Code Section 16-11-60, for the surveillance of such
person or place, provided the warrant specifies with particularity
the device or devices the use of which is to be permitted thereby;
the purpose, duration, and circumstances of use permitted; the
crime or crimes allegedly being committed; and the person or
persons and place or places to be subject to such surveillance.
Section 2. This Act shall become effective November 1,1982.
GEORGIA LAWS 1982 SESSION
2321
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
REPORTS ON VETERANS EXPOSED TO AGENT
ORANGE.
Code Title 31, Chapter 30 Enacted.
No. 1545 (House Bill No. 1200).
AN ACT
To amend Code Title 31 of the Official Code of Georgia Anno-
tated, relating to health, so as to add a new Code Chapter 30, relating
to reports on veterans exposed to Agent Orange; to provide for
definitions; to provide for reports and forms; to provide for studies; to
provide for confidentiality; to provide for immunity from liability; to
authorize class action representation of certain veterans by the
Attorney General; to provide for referrals, testing, counseling, and
screening; to provide for application; to provide for program discon-
tinuance; to 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 31 of the Official Code of Georgia
Annotated, relating to health, is amended by adding at the end
thereof a new Code Chapter 30, relating to reports on veterans
exposed to Agent Orange, to read as follows:
2322
GENERAL ACTS AND RESOLUTIONS, VOL. I
CHAPTER 30
REPORTS ON VETERANS
EXPOSED TO AGENT ORANGE
31-30-1. As used in this chapter, the term:
(1) Agent Orange means the herbicide composed primarily
of trichlorophenoxyacetic acid and dichlorophenoxyacetic acid.
(2) Veteran means a person who was a resident of this state
at the time of his induction into the armed forces of the United
States of America or was a resident of this state on or after
November 1,1982, and who served in Vietnam, Cambodia, or Laos
during the Vietnam Conflict.
31-30-2. (a) A physician who has primary responsibility for
treating a veteran who believes he may have been exposed to chemical
defoliants or herbicides or other causative agents, including but not
limited to Agent Orange, while serving in the armed forces of the
United States shall, at the request of the veteran, submit a report to
the department on a form provided by the department. If there is no
physician having primary responsibility for treating the veteran, the
hospital treating the veteran shall, at the request of the veteran,
submit the report to the department.
(b) The form provided by the department to the physician shall
request the following information:
(1) Symptoms of the veteran which may be related to expo-
sure to a chemical defoliant or herbicide or other causative agent,
including Agent Orange;
(2) Diagnosis of the veteran; and
(3) Methods of treatment prescribed.
(c) The department may require the veteran to provide such
other information as determined by the commissioner.
31-30-3. (a) The department, in consultation and cooperation
with a board certified medical toxicologist, shall compile and evaluate
information submitted under this chapter into a report to be distri-
buted annually to members of the General Assembly and to the
GEORGIA LAWS 1982 SESSION
2323
United States Veterans Administration and the Georgia Department
of Veterans Service. The report shall contain current research
findings on the effects of exposure to chemical defoliants or herbi-
cides or other causative agents, including Agent Orange, and statis-
tical information compiled from reports submitted by physicians or
hospitals.
(b) The department, in consultation and cooperation with a
board certified medical toxicologist, shall conduct epidemiological
studies on veterans who have cancer or other medical problems
associated with exposure to a chemical defoliant or herbicide or any
other causative agent, including Agent Orange, or who have children
born with birth defects after the veterans suspected exposure to a
chemical defoliant or herbicide or any other causative agent, includ-
ing Agent Orange. The department must obtain consent from each
veteran to be studied under this subsection. The department shall
compile and evaluate information obtained from these studies into a
report to be distributed as provided by subsection (a) of this Code
section.
31-30-4. The identity of a veteran about whom a report has been
made under Code Section 31-30-2 or 31-30-3 may not be disclosed
unless the veteran consents to the disclosure. Statistical information
collected under this chapter is public information.
31-30-5. A physician or a hospital subject to this chapter who
complies with this chapter may not be held civilly or criminally liable
for providing the information required by this chapter.
31-30-6. The Attorney General may represent a class of individ-
uals composed of veterans who may have been injured because of
contact with chemical defoliants or herbicides or other causative
agents, including Agent Orange, in an action for release of informa-
tion relating to exposure to such chemicals during military service
and for release of individual medical records.
31-30-7. (a) The department and the health science centers
and other medical facilities of the University System of Georgia shall
institute a cooperative program to:
(1) Refer veterans to appropriate state and federal agencies
for the purpose of filing claims to remedy medical and financial
problems caused by the veterans exposure to chemical defoliants
2324
GENERAL ACTS AND RESOLUTIONS, VOL. I
or herbicides or other causative agents, including Agent Orange;
and
(2) Provide veterans with fat tissue biopsies, genetic coun-
seling, and genetic screening to determine if the veteran has
suffered physical damage as a result of substantial exposure to
chemical defoliants or herbicides or other causative agents,
including Agent Orange.
(b) The commissioner shall adopt rules necessary to the admin-
istration of the programs authorized by this Code section.
31-30-8. If the commissioner determines that an agency of the
federal government is performing the referral and screening functions
required by Code Section 31-30-7, the commissioner may discontinue
any program required by this chapter or any duty required of a
physician or hospital under this chapter.
31-30-9. This chapter shall become effective when and to the
extent that funds are appropriated and available to the Department
of Human Resources under an appropriation which specifically refers
to this chapter and provides that it is intended for the implementa-
tion of this chapter.
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 22,1982.
GEORGIA LAWS 1982 SESSION
2325
CRIMES FORFEITURE, ETC. OF CERTAIN
PROPERTY USED IN CERTAIN CRIMINAL
ENTERPRISES.
Code Sections 16-12-32, 16-13-49 Amended.
No. 1546 (House Bill No. 1210).
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated,
relating to crimes and offenses, so as to provide for different methods
and procedures for the seizure and forfeiture of certain property used
in gambling; to change the time limits during which certain actions
must be filed; to provide for a definition; to provide for notification of
forfeiture proceedings to certain security interest holders and lien-
holders under certain conditions; to provide when certain persons
shall not have claims upon seized property or proceeds from the sale
thereof; to change certain conditions authorizing notice by publi-
cation; to provide for the disposition of forfeited property and use of
certain sale proceeds; to provide for forfeiture of money, negotiable
instruments, securities, and other things of value under certain
circumstances; to provide for notice of certain forfeiture proceedings
to lienholders and security interest holders; to change certain condi-
tions authorizing notification by publication; to provide for disposi-
tion of certain property upon claimants knowledge of the use thereof
and to prohibit certain claims upon that merchandise and proceeds
from the sale thereof; to change certain terminology relating to
property and actions; to provide for the forfeiture of certain objects
and materials; to provide the procedure for the forfeiture of said
objects and materials; 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. Title 16 of the Official Code of Georgia Annotated,
relating to crimes and offenses, is amended by striking Code Section
16-12-31, relating to seizure and disposition of funds and other things
of value used in gambling, and Code Section 16-12-32, relating to
seizure and disposition of fuels used in transporting gambling devices
or parts, in their entirety and substituting in lieu thereof a new Code
Section 16-12-32 to read as follows:
2326
GENERAL ACTS AND RESOLUTIONS, VOL. I
16-12-32. (a) As used in this Code section, property means
any personal property of any type, tangible or intangible, including
but not limited to vehicles, conveyances, aircraft, watercraft, funds,
other things of value or choses in action or any interest in such
property, but shall not include a gambling device subject to seizure
and destruction under Code Section 16-12-30.
(b) All property used in, intended for use in, used to facilitate, or
derived from or realized through a violation of this chapter or which is
located within any gambling place or within any vehicle or other
conveyance used to transport any gambling device, any subassembly
or essential part thereof, card, stub, ticket, check, funds, things of
value, or other device designed to facilitate participation in any
lottery is declared to be contraband and may be seized and forfeited
as provided in this Code section.
(c) Any such property shall be seized by any peace officer who,
within ten days after the seizure of such property, shall report the
same to the district attorney of the superior court having jurisdiction
in the county where the seizure was made.
(d) Within 30 days from the date he receives notice of such
seizure, the district attorney of said judicial circuit shall cause to be
filed in the superior court of the county in which the property was
seized an action against the property so seized and any and all persons
having an interest in or right affected by the seizure or sale of such
property.
(e) A copy of the action shall be served upon the person or
persons having custody or possession of such property at the time of
seizure, and, if known, upon any owner, lessee, and any person having
a duly recorded security interest in or lien upon such property at the
time of seizure. If the owner or lessee is unknown or resides out of the
state or departs the state or cannot after due diligence be found
within the state or conceals himself so as to avoid service, notice of
such proceedings shall be published once a week for two consecutive
weeks in the newspaper in which sheriffs advertisements are pub-
lished. Such publication shall be deemed notice to any and all
persons having an interest in or right affected by such proceeding and
any sale of the property resulting therefrom but shall not constitute
notice to any person having a duly recorded security interest in or lien
upon such property and required to be served under this subsection
unless that person is unknown or resides out of the state or departs
GEORGIA LAWS 1982 SESSION
2327
the state or cannot after due diligence be found within the state or
conceals himself to avoid service.
(f) If no defense is filed within 30 days after the filing of the
action, judgment by default shall be entered by the court at cham-
bers, otherwise the case shall proceed as other civil cases in said court.
(g) Should it appear that any person filing a defense in the
action knew, or by the exercise of ordinary care should have known,
that the property was used in violation of this Code section, the same
shall be sold by order of the court after such advertisement as the
court shall direct, and such person shall have no claim upon the
property or the proceeds from the sale thereof.
(h) Except as otherwise provided in this Code section, property
forfeited pursuant to this subsection shall be disposed of by order of
the court as follows:
(1) Upon application of the seizing law enforcement agency
or any other law enforcement agency of state, county, or municipal
government, the court may permit the agency to retain the
property for official use in law enforcement work; or
(2) The court may sell that which is not required to be
destroyed by law and which is not harmful to the public, and 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.
The remainder of the proceeds of a sale of forfeited property, after
payment of these expenses, shall be paid into the general fund of the
county.
Section 2. Said title is further amended by striking Code Section
16-13-49, relating to forfeitures, in its entirety and substituting in lieu
thereof a new Code Section 16-13-49 to read as follows:
16-13-49. (a) The following are subject to forfeitures:
(1) All controlled substances and marijuana which have
been manufactured, distributed, dispensed, held, or acquired in
violation of this article;
2328 GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) All raw materials, products, and equipment of any kind
which are used, or intended for use, in manufacturing, compound-
ing, processing, delivering, importing, or exporting any controlled
substance or marijuana in violation of this article;
(3) All property which is used, or intended for use, as a
container for property described in paragraphs (1) and (2) of this
subsection;
(4) All conveyances, including aircraft, vehicles, or vessels,
which are used, or intended for use, to transport, hold, conceal, or
in any manner to facilitate the transportation, for the purpose of
sale or receipt, of property described in paragraph (1) or (2) of this
subsection, but:
(A) No conveyance used by any person as a common
carrier in the transaction of business as a common carrier is
subject to forfeiture under this Code section unless it appears
that the owner or other person in charge of the conveyance is a
consenting party or privy to a violation of this article;
(B) No conveyance is subject to forfeiture under this
Code section by reason of any act or omission established by
the owner thereof to have been committed or omitted without
his knowledge or consent;
(C) A forfeiture of a conveyance encumbered by a bona
fide security interest is subject to the interest of the secured
party if he neither had knowledge of nor consented to the act
or omission;
(D) No conveyance is subject to forfeiture under this
Code section for violations which involve no controlled sub-
stances and four ounces or less of marijuana;
(5) All books, records, and research products and materials,
including formulas, microfilm, tapes, and data, which are used, or
intended to be used, in violation of this article;
(6) All moneys, negotiable instruments, securities, or other
things of value, furnished or intended to be furnished by any
person in exchange for a controlled substance or marijuana in
violation of this chapter, all proceeds traceable to such an
GEORGIA LAWS 1982 SESSION
2329
exchange, all moneys, negotiable instruments, securities, or other
things of value used to facilitate any violation of this chapter and
all moneys, negotiable instruments, securities, or other things of
value which are found in close proximity to any controlled sub-
stance or marijuana or other property which is subject to forfei-
ture under this subsection and which otherwise has been used, or
intended for use to facilitate the unlawful manufacture, distribu-
tion, dispensing, or possession of a controlled substance or mari-
juana; and
(7) All objects and materials distributed in violation of Code
Section 16-13-32.1 or possessed in violation of Code Section 16-13-
32.2.
(b) Property subject to forfeiture under this article may be
seized by the director of the Georgia Drugs and Narcotics Agency or
duly authorized agents or drug agents of the State Board of Pharmacy
or by any law enforcement officer of this state or any political
subdivision thereof who has the power to make arrests and whose
duty is to enforce this article, upon process issued by any court having
jurisdiction over the property. Seizure without process or warrant
may be made if:
(1) The seizure is incident to an arrest or a search under a
search warrant or an inspection under an inspection warrant;
(2) The property subject to seizure has been the subject of a
prior judgment in favor of the state in a criminal injunction or
forfeiture proceeding based upon this article;
(3) The director of the Georgia Drugs and Narcotics Agency
or duly authorized agents or drug agents of the State Board of
Pharmacy have probable cause to believe that the property is
directly dangerous to health or safety; or
(4) The director of the Georgia Drugs and Narcotics
Agency, duly authorized agents, drug agents, or law enforcement
officers as set forth in this subsection have probable cause to
believe that the property was used or is intended to be used in
violation of this article.
(c) In the event of seizure pursuant to subsection (b) of this Code
section, proceedings under subsection (d) shall be instituted
promptly.
2330
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) Property taken or detained under this Code section shall not
be subject to replevin but is deemed to be in the custody of the
superior court wherein the seizure was made or in custody of the
superior court where it can be proven that acts prohibited by this
article took place, subject only to the orders and decrees of the court
having jurisdiction over the forfeiture proceedings. When property is
seized under this article, the director of the Georgia Drugs and
Narcotics Agency or duly authorized agents, drug agents, or law
enforcement officers seizing such property shall:
(1) Place the property under seal;
(2) Remove the property to a place designated by the judge
of the superior court as set out above; or
(3) Deliver such property to the sheriff or police chief of the
county in which the seizure occurred, and the sheriff or police
chief shall take custody of the property and remove it to an
appropriate location for disposition in accordance with law.
(e) When an article, equipment, controlled substance, convey-
ance, or other property is seized under this article, the sheriff, drug
agent, or law enforcement officer seizing the same shall report the fact
of seizure, within ten days thereof, to the district attorney of the
judicial circuit having jurisdiction in the county where the seizure was
made. Within 30 days from the date he receives notice of the seizure,
the district attorney of the judicial circuit, or the director on his
behalf shall cause to be filed in the superior court of the county in
which the property is seized or detained an action for condemnation
of such property as provided for in this Code section. The proceedings
shall be brought in the name of the state by the district attorney of
the circuit in which the property was seized, and the action shall be
verified by a duly authorized agent of the state in a manner required
by the law of this state. The action shall describe the property, state
its location, state its present custodian, state the name of the owner, if
known, to the duly authorized agent of the state, allege the essential
elements of the violation which is claimed to exist, and shall conclude
with a prayer of due process to enforce the forfeiture. Upon the filing
of such an action, the court shall promptly cause process to issue to
the present custodian in possession of the property described in the
action, commanding him to seize the property described in the action
and to hold that property for further order of the court. A copy of the
action shall be served on the owner or lessee, if known. If the owner is
GEORGIA LAWS 1982 SESSION
2331
known, a copy of the action shall also be served upon any person
having a duly recorded security interest in or lien upon that merchan-
dise. If the owner or lessee is unknown or resides out of the state or
departs the state or cannot after due diligence be found within the
state or conceals himself so as to avoid service, notice of the proceed-
ings shall be published once a week for two weeks in the newspaper in
which the sheriffs advertisements are published. Such publication
shall be deemed notice to any and all persons having an interest in or
right affected by such proceeding and from any sale of the property
resulting therefrom but shall not constitute notice to any person
having a duly recorded security interest in or lien upon such property
and required to be served under this Code section unless that person
is unknown or resides out of the state or departs the state or cannot
after due diligence be found within the state or conceals himself to
avoid service. At the expiration of 30 days after such filing, if no
claimant, has appeared to defend the action, the court shall order the
disposition of the seized merchandise as provided for in this Code
section. If the court determines that a claimant defending the action
knew or by the exercise of ordinary care should have known that the
merchandise was to be used for an unlawful purpose subjecting it to
forfeiture under this chapter, the court shall order the disposition of
the seized merchandise as provided herein and that claimant shall
have no claim upon the merchandise or proceeds from the sale
thereof. In the event more than one county shall have the right to file
condemnation proceedings, then the county wherein the actual physi-
cal seizure was made shall take precedence over other counties or
jurisdictions which may have claims pursuant to this article.
(f) (1) Except as otherwise provided in this subsection, when
property is forfeited under this article, the judge of the superior
court in the county where the seizure was made or in the county in
which it can be proven that acts prohibited by this article took
place may:
(A) Retain it for official use by any agency of this state
or any political subdivision thereof;
(B) Sell that which is not required to be destroyed by
law and which is not harmful to the public. The proceeds
shall be used for payment of all proper expenses of the
proceedings for forfeiture and sale, including the expenses of
seizure, maintenance of custody, advertising, and court costs;
or
2332
GENERAL ACTS AND RESOLUTIONS, VOL. I
(C) Require the sheriff or police chief of the county in
which the seizure occurred to take custody of the property
and remove it for disposition in accordance with law.
(2) Money and currency which is forfeited shall vest in the
county where such condemnation proceedings are filed in accord-
ance with this article and shall be paid into the county treasury as
county funds.
(g) Controlled substances listed in Schedule I that are possessed,
transferred, sold, or offered for sale in violation of this article are
contraband and shall be seized and summarily forfeited to the state.
Controlled substances in Schedule I which are seized or come into the
possession of the state, the owners of which are unknown, are contra-
band and shall be summarily forfeited to the state.
(h) Species of plants from which controlled substances in Sched-
ules I and II may derive, which have been planted or cultivated in
violation of this article, or of which the owners or cultivators are
unknown, or which are wild growths, may be seized and summarily
forfeited to the state.
(i) Upon demand by the director of the Georgia Drugs and
Narcotics Agency, duly authorized agents, drug agents, or law
enforcement officers as set forth in subsection (b) of this Code
section, the failure of the person in occupancy or in control of land or
premises upon which the species of plants are growing or being stored
to produce an appropriate registration, or proof that he is the holder
thereof, constitutes authority for the seizure and forfeiture of the
plants.
(j) Upon an ex parte application of the district attorney or the
sheriff of the county in which property was seized, the court may
order an amount, not to exceed one-fourth of the proceeds of the sale
of property forfeited under this Code section, to be paid to any person
furnishing information which led to the seizure of the property. The
court shall specify the method in which the payment shall be made so
as to protect the identity of the informer.
Section 3. This Act shall become effective on November 1,1982.
GEORGIA LAWS 1982 SESSION
2333
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
STATE BOARD OF CHIROPRACTIC EXAMINERS.
Code Chapter 84-5 Amended.
Code Title 43, Chapter 9 Amended.
No. 1547 (House Bill No. 1223).
AN ACT
To amend Code Chapter 84-5, relating to the practice and licen-
sure of chiropractors, as amended, so as to continue the Board of
Chiropractic Examiners and the laws relating thereto but to provide
for the later termination of the board and such laws; to provide that
general college training requirements shall not apply to certain
persons; to amend Chapter 9 of Title 43 of the Official Code of
Georgia Annotated, relating to the licensure and practice of chiro-
practors, so as to change the meeting times of the Board of Chiroprac-
tic Examiners; to provide for the display of licenses; to continue the
Board of Chiropractic Examiners and the laws relating thereto but to
provide for the later termination of the board and such laws; to
provide for effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 84-5, relating to the practice and
licensure of chiropractors, as amended, is amended by adding
immediately following Code Section 84-504 a new Code Section 84-
504.1 to read as follows:
2334
GENERAL ACTS AND RESOLUTIONS, VOL. I
84-504.1. Pursuant to Section 9 of The Act Providing for the
Review, Continuation, Reestablishment or Termination of Regula-
tory Agencies, approved March 24,1977 (Ga. L. 1977, p. 961), as now
or hereafter amended, the Board of Chiropractic Examiners and the
laws relating thereto are hereby continued until July 1,1988, at which
time the board shall be terminated. Upon its termination, the board
shall continue in existence until July 1 of the next succeeding year for
the purpose of concluding its affairs and activities. During that
termination period, the powers or authority of the board shall not be
reduced or otherwise limited. The laws relative to the board shall be
continued in effect for the duration of the termination period only for
the purpose of concluding its affairs. As of the last day of the
termination period, the laws relative to the board shall stand repealed
in their entirety. During the termination period, the board shall not
issue any new licenses nor renew any licenses nor collect any license
fees which were not due and payable prior to the date of termination
of the board.
Section 2. Said Code chapter is further amended by striking the
third unnumbered paragraph of Code Section 84-507 and inserting in
its place a new third unnumbered paragraph to read as follows:
Provided, however, that the general college training requirement
set out hereinabove shall not be applicable to applicants who were
students in an approved chiropractic college prior to January 1,1964,
or to persons who have been in active practice for at least ten
consecutive years prior to applying for licensure in Georgia. In the
latter case, the applicant may, at the discretion of the board, be given
an examination as provided in Code Section 84-508 or he may be
considered for reciprocity in accordance with the provisions of Code
Section 84-510.
Part 2
Section 3. Chapter 9 of Title 43 of the Official Code of Georgia
Annotated, relating to the licensure and practice of chiropractors, is
amended by striking Code Section 43-9-4 and inserting in its place a
new Code Section 43-9-4 to read as follows:
43-9-4. The board shall meet at such times as the board deter-
mines necessary for the performance of its duties. The board shall
adopt a seal, which shall be affixed to all licenses issued and shall
from time to time adopt such rules and regulations as it deems proper
GEORGIA LAWS 1982 SESSION
2335
and necessary for the performance of its duties. The board shall elect
annually a president and a vice president. Immediately before enter-
ing upon the duties of office, the members of the board shall take the
constitutional oath of office and shall file the same in the office of the
Governor, who, upon receiving the oath of office, shall issue a certifi-
cate of appointment to each member.
Section 4. Said chapter is further amended by adding immedi-
ately following Code Section 43-9-10 a new Code Section 43-9-10.1 to
read as follows:
43-9-10.1. Every person licensed under this chapter shall dis-
play such license in a conspicuous place in such persons principal
place of business.
Section 5. Said chapter is further amended by striking Code
Section 43-9-20 and inserting in its place a new Code Section 43-9-20
to read as follows:
43-9-20. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the Georgia Board of Chiropractic
Examiners shall be terminated on July 1,1988, and this chapter and
any other laws relating to such board shall be repealed in their
entirety effective on the date specified in Code Section 43-2-8.
Part 3
Section 6. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
2336
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
DISPOSITION OF SEIZED PROPERTY, ETC.
Code Title 17, Chapter 5 Amended.
No. 1548 (House Bill No. 1240).
AN ACT
To amend Article 3 of Chapter 5 of Title 17 of the Official Code of
Georgia Annotated, relating to the disposition of seized property, so
as to change certain provisions relating to the return of stolen or
otherwise unlawfully obtained property to rightful owners; to change
certain procedures in connection 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. Article 3 of Chapter 5 of Title 17 of the Official Code
of Georgia Annotated, relating to the disposition of seized property, is
amended by striking in its entirety Code Section 17-5-50, which reads
as follows:
17-5-50. (a) Upon application by the state or civil claimants,
the court may, upon written notice to a defendant and a hearing when
so requested by the defendant, order returned to the rightful owners
any stolen, embezzled, or other unlawfully obtained property not
constituting contraband. The notice to the defendant shall clearly
specify that the defendant has the right to request a hearing as
provided in this subsection. Photographs, video tapes, or other
identification or analysis of the property involved, duly identified in
writing by the law enforcement officer originally taking custody of the
property as accurately representing such property, shall be admissi-
GEORGIA LAWS 1982 SESSION
2337
ble at trial in lieu of the original property. In the case of unknown or
unapprehended defendants or defendants willfully absent from the
jurisdiction, the court shall have discretion to appoint a guardian ad
litem to represent the interest of the unknown or absent defendants.
(b) Statements made by the defendant or a person representing
the defendant at a hearing provided for in subsection (a) of this Code
section shall not be admissible for use against the defendant at trial.,
and inserting in lieu thereof a new Code Section 17-5-50 to read as
follows:
17-5-50. (a) The clerk or person having charge of the property
section for any police department, sheriffs office, or other law
enforcement agency in this state shall enter in a suitable book a
description of every article of property alleged to be stolen, embez-
zled, or otherwise unlawfully obtained and brought into the office or
taken from the person of a prisoner and shall attach a number to each
article and make a corresponding entry thereof.
(b) (1) Any person claiming ownership of such allegedly stolen,
embezzled, or otherwise unlawfully obtained property may make
application to the law enforcement agency for the return of such
property. Upon such an application being filed, the clerk or
person in charge of the property section shall serve upon the
person from whom custody of the property was taken a copy of
such application. Such person from whom custody of the property
was taken shall have a reasonable opportunity to claim ownership
of such property and to request a hearing on forms provided by the
person in charge of the property section.
(2) If the person from whom custody of the property was
taken fails to assert a claim to such property, upon any applicant
furnishing satisfactory proof of ownership of such property and
presentation of proper personal identification, the person in
charge of the property section may deliver such property to the
applicant. The person to whom property is delivered shall sign,
under penalty of false swearing, a declaration of ownership, which
shall be retained by the person in charge of the property section.
Such declaration, absent any other proof of ownership, shall be
deemed satisfactory proof of ownership for the purposes of this
Code section; provided, however, that, in the case of motor
vehicles, trailers, tractors, or motorcycles which are required to be
2338 GENERAL ACTS AND RESOLUTIONS, VOL. I
registered with the state revenue commissioner, any such stolen
vehicle shall be returned to the person evidencing ownership of
such vehicle through a certificate of title, tag receipt, bill of sale, or
other such evidence. Prior to such delivery such person in charge
of the property section shall make and retain a complete photo-
graphic record of such property. Such delivery shall be without
prejudice to the state or to the person from whom custody of the
property was taken or to any other person who may have a claim
against the property.
(3) If the person from whom custody of the property was
taken asserts a claim to such property and requests a hearing, the
court which examines the charge against the person accused of
stealing, embezzling, or otherwise unlawfully obtaining the prop-
erty, or the court before whom the trial is had for stealing,
embezzling, or otherwise unlawfully obtaining the property shall
conduct the hearing to determine the ownership of such property.
(4) The provisions of this subsection shall not apply to any
contraband or property subject to forfeiture under any provision
of law.
(c) Photographs, video tapes, or other identification or analysis
of the property involved, duly identified in writing by the law
enforcement officer originally taking custody of the property as
accurately representing such property, shall be admissible at trial in
lieu of the original property.
(d) In the case of unknown or unapprehended defendants or
defendants willfully absent from the jurisdiction, the court shall have
discretion to appoint a guardian ad litem to represent the interest of
the unknown or absent defendants.
(e) Statements made by the defendant or a person representing
the defendant at a hearing provided for in subsection (b) of this Code
section shall not be admissible for use against the defendant at trial.
Section 2. This Act shall become effective November 1,1982.
GEORGIA LAWS 1982 SESSION
2339
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
GEORGIA SAFE DAMS ACT OF 1978 AMENDED.
Code Title 12, Chapter 5 Amended.
No. 1549 (House Bill No. 1270).
AN ACT
To amend an Act known as the Georgia Safe Dams Act of 1978,
approved March 7,1978 (Ga. Laws 1978, p. 795), as amended by an
Act approved March 24,1980 (Ga. L. 1980, p. 922), so as to change the
definition of a dam for the purpose of changing the applicability of
said Act; to change the provisions relating to inventory of dams and
permits required for dams; to provide criteria for the issuance of
permits; to provide for other matters relating to the foregoing; to
amend the Official Code of Georgia Annotated accordingly; to pro-
vide effective dates; to provide for specific repeal; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act known as the Georgia Safe Dams Act of
1978, approved March 7,1978 (Ga. L. 1978, p. 795), as amended by
an Act approved March 24,1980 (Ga. L. 1980, p. 922), is amended by
striking subsection (d) of Section 3, which reads as follows:
(d) Dam means the following:
(1) Any artificial barrier, including appurtenant works,
existing or being physically constructed as of the effective date of
2340 GENERAL ACTS AND RESOLUTIONS, VOL. I
this Act, which impounds or diverts water, and which (1) is
twenty-five feet or more in height from the natural bed of the
stream or watercourse measured at the downstream toe of the
barrier, or from the lowest elevation of the outside limit of the
barrier, if it is not across a stream channel or watercourse, to the
maximum water storage elevation or (2) has an impounding
capacity at maximum water storage elevation of fifty acre-feet or
more, except that it shall not include:
(A) any artificial barrier which is not in excess of six
feet in height, regardless of storage capacity, or which has a
storage capacity at maximum water storage elevation not in
excess of fifteen acre-free, regardless of height; or
(B) any artificial barrier constructed by the United
States Army Corps of Engineers, the Tennessee Valley
Authority, the United States Soil Conservation Service, or
any other department or agency of the United States govern-
ment, when such department or agency designed or approved
plans and supervised construction and maintains a program
of inspection; provide, however, this exemption shall cease
when the supervising federal agency relinquishes authority
for the operation or maintenance of such dam to a person; or
(C) any artificial barrier licensed by the Federal Energy
Regulatory Commission, or for which a license application is
pending with the Federal Energy Regulatory Commission;
(D) any artificial barrier classified by the Committee as
a Category II Dam as same is hereinafter defined in this Act.
(2) Any artificial barrier, including appurtenant works, con-
struction of which is commenced after the effective date of this
Act, which impounds or diverts water and which is fifteen feet or
more in height from the natural bed of the stream or watercourse
measured at the downstream toe of the barrier, or from the lowest
elevation of the outside limit of the barrier, if it is not across a
stream channel or watercourse, to the normal water storage eleva-
tion and which has an impounding capacity at normal water
storage elevation of fifty acre-feet or more except that it shall not
include any artificial barrier as described in (1)(B) and (1)(C)
above or any artificial barrier which is constructed for farm uses;
provided, however, such exclusion shall not apply to any artificial
GEORGIA LAWS 1982 SESSION
2341
barrier constructed for farm uses which is twenty feet or more in
height as measured above and which has an impounding capacity
at normal water storage elevation of fifty acre-feet or more. For
purposes of this paragraph, farm uses shall mean irrigation of
farmland, provision of water supply for farm animals, poultry
farming, or any other activity conducted in the course of farming
operations and which is not part of any residential, commercial or
industrial development.,
in its entirety and substituting in lieu thereof a new subsection (d) of
Section 3 to read as follows:
(d) (1) Except as otherwise provided in paragraph (2) of this
subsection, dam means any artificial barrier, including appurte
nant works, which impounds or diverts water and which:
(A) Is 25 feet or more in height from the natural bed of
the stream or watercourse measured at the downstream toe of
the barrier, or from the lowest elevation of the outside limit of
the barrier, if the barrier is not across a stream channel or
watercourse, to the maximum water storage elevation; or
(B) Has an impounding capacity at maximum water
storage elevation of 50 acre-feet or more.
(2) The word dam shall not include:
(A) Any dam constructed or financially assisted by the
United States Army Corps of Engineers, the Tennessee
Valley Authority, the United States Soil Conservation Ser-
vice, or any other department or agency of the United States
government, when such department or agency designed or
approved plans and supervised construction and maintains a
regular program of inspection of the dam, but this exemption
shall cease if the supervising federal agency notifies the
Director that the dam is not in compliance with the mainte-
nance requirements of the federal agency, provided, however,
that this exemption shall cease for all such dams on Novem-
ber 1,1985, unless the supervising federal agency certifies to
the Director that such dams are in compliance with require-
ments of the Georgia Safe Dams Act, including minimum
spillway design;
2342
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) Any dam licensed by the Federal Energy Regula-
tory Commission, or for which a license application is pending
with the Federal Energy Regulatory Commission; or
(C) Any dam classified by the Committee as a Category
II Dam pursuant to Section 6 of this Act, except that such
Category II dams shall be subject to the provisions of this Act
for the purposes of Section 6 of this Act and for the purposes
of subsection (b) of Section 7 of this Act.
Section 2. Said Act is further amended by striking subsections
(a) and (b) of Section 6 which read as follows:
(a) In the performance of its duties the Committee shall:
(1) Inventory dams in the State for the purpose of classify-
ing such dams into various categories as defined below. For
purposes of this subsection (a), the term dam shall include only
those dams as defined in Section 3 (d)(1) (25 feet or more in height
or has an impounding capacity of 50 acre-feet or more), and those
artificial barriers described in subsection 7 (b) of this Act. Such
inventory shall be completed within five (5) years of the effective
date of this Act and the Committee shall reinventory such dams at
least once every five (5) years thereafter.
(2) Based upon its inventory, the Committee shall classify
each dam into one of the following categories:
(A) Category I - Dams where improper operation or
dam failure would result in probable loss of human life.
(B) Category II - Dams where improper operation or
dam failure would not be expected to result in loss of human
life.
(3) Upon completion of inventory and classification of a
dam, the Committee shall promptly notify the Director in writing
of the location of the dam, the owner and operator of such dam
and the category to which this dam has been assigned.
(b) The Committee is authorized to contract with other State or
federal agencies or private entities to accomplish the purposes of this
Section.,
GEORGIA LAWS 1982 SESSION
2343
in their entirety and substituting in lieu thereof new subsections (a)
and (b) Of Section 6 to read as follows:
(a) It shall be the duty of the Committee to inventory the dams
in this State and to classify each dam into one of the following
categories:
(1) Category I - Dams where improper operation or dam
failure would result in probable loss of human life.
(2) Category II - Dams where improper operation or dam
failure would not be expected to result in loss of human life.
(b) The first inventory shall be completed by July 1,1983. The
Committee shall reinventory the dams in this State at least once every
five years after the completion of the first inventory. Upon the
completion of the first and any subsequent inventory and the classifi-
cation of a dam as provided in subsection (a) of this Section, the
Committee shall promptly notify the Director in writing of the
location of each Category I and II dam. Such notice to the Director
shall also include the names of the owners and operators of each
Category I and Category II dam. The Committee is authorized to
contract with other State or federal agencies or private entities to
accomplish the purposes of this Section.
Section 3. Said Act is further amended by striking subsection
(e) of Section 6 in its entirety and substituting in lieu thereof a new
subsection (e) to read as follows:
(e) The Committee shall have the right to direct and conduct
investigations as it may reasonably deem necessary to carry out its
duties as prescribed in this Section. For this purpose, the employees
of the Committee or any authorized representatives shall have the
right to enter at reasonable times on any property, public or private,
for the purpose of inventorying, classifying and investigating any dam
and to require written reports from the owner or operator of any dam
for the purpose of accomplishing its duties under this Section. It is
specifically provided, however, that if the owner of the dam is a
resident of the county wherein the dam is located, the Committee
shall notify the owner before the Committee or its employees or
representatives shall enter the property of the dam for the purposes
of this Section.
2344
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. Said Act is further amended by striking subsection (g)
of Section 6 in its entirety and substituting in lieu thereof a new
subsection (g) to read as follows:
(g) Any person who desires to construct an artificial barrier for
the purpose of impounding or diverting water may request of the
Committee, and the Committee is authorized to furnish such person
with a determination as to whether such artificial barrier , if con-
structed, would be a Category I or Category II dam for the purposes of
this Act.
Section 5. Said Act is further amended by striking Section 7 in
its entirety and substituting in lieu thereof a new Section 7 to read as
follows:
Section 7. Permit required, (a) Any person who desires to
construct a dam or who operates an existing dam shall obtain a permit
from the Director for such construction, prior to the commencement
thereof, or for continued operation of the dam. Any person who was
operating a dam or who was in the physical process of constructing a
dam on July 1,1978, may continue to operate or construct such dam
pending final action by the Director on the application for a permit,
provided such application has been filed with the Director within 180
days after the Director serves upon such person a written notice that
such dam has been classified as a Category I dam by the Committee in
accordance with the provisions of this Act. Service of said notice upon
the person shall be made by delivering the notice to him or by mailing
it to him by certified mail at his home or business address. Service by
mail is complete upon mailing unless the notice is returned to the
Director by the U. S. Postal Department for any reason other than a
refusal by the person to accept the mailing. Permits issued for the
construction of dams pursuant to this Act shall also authorize the
operation of such dams in accordance with the conditions contained
in said permits.
(b) If the Committee notifies the Director that a dam formerly
classified as a Category II dam has been reclassified by the Commit-
tee as a Category I dam because of modifications in the dam or
because of changing circumstances, the owner or operator of such
dam shall not operate same without a permit from the Director. The
Director, upon being notified by the Committee that a dam has been
reclassified as a Category I dam, shall serve upon the owner or
operator of said dam a written notice of the Committees determina-
GEORGIA LAWS 1982 SESSION
2345
tion regarding same. Within 180 days after such service of notice, said
owner or operator shall apply to the Director for a permit to operate
said dam. Notice shall be served in accordance with the provisions of
subsection (a) of this Section. Such owner or operator may continue
to operate said dam pending final action by the Director on the
application for a permit. A permit to operate said dam shall be issued
in accordance with the requirements of subsection (g) of this Section,
notwithstanding the date specified in said subsection (g) of this
Section.
(c) Notwithstanding the provisions of subsection (a) of this
Section, no permit shall be required to be obtained by any person who
constructs a dam if the dam is constructed in connection with or
incidental to surface mining as defined in the Georgia Surface
Mining Act of 1968, as amended, but if the dam so constructed is
classified by the Committee as a Category I dam such person shall,
upon the completion of the mining activity in connection with which
such dam was constructed, either (1) drain and reclaim the impound-
ment formed by such dam pursuant to such persons mined land use
plan approved by the Director under the Georgia Surface Mining Act
of 1968, as amended, or (2) stabilize such impoundment as a lake
pursuant to such mined land use plan. If the impoundment is
reclaimed as a lake and the dam which created the impoundment
remains in place as a Category I dam then, before such lake is deemed
acceptable reclamation and the miner is released from his obligations
under the Georgia Surface Mining Act of 1968, as amended, the miner
must obtain a permit for such dam under this Act.
(d) Consistent with the provisions of Section 12A of this Act, the
Director is authorized to establish such conditions in permits issued
pursuant to this Act as are necessary to assure compliance with the
provisions of this Act and all rules and regulations promulgated
hereunder. The Director, under the conditions he prescribes, may
require the submission of such plans, specifications and other infor-
mation as he deems relevant in connection with the issuance of such
permits and subsequent construction and operation of such dams.
(e) Permit applications for the construction of dams shall be
accompanied by a certificate from a professional engineer registered
to practice in Georgia stating that he is responsible for the design of
the dam and that said design meets the standards of this Act and the
rules and regulations promulgated hereunder. As an alternative to a
certificate from a professional engineer, the Director may accept a
2346
GENERAL ACTS AND RESOLUTIONS, VOL. I
permit application accompanied by a certificate from the United
States Soil Conservation Service stating that the design of the dam
meets the standards of this Act and the rules and regulations promul-
gated hereunder.
(f) If the Director disapproves an application for construction of
a dam, a copy of the application shall be returned to the applicant
with a statement for the reasons for such disapproval. Such applicant
may reapply incorporating the improvements indicated by the Direc-
tor.
(g) (1) Permits authorizing the operation of dams in existence
or being physically constructed on July 1, 1978, shall be issued
only in conformity with the requirements of paragraph (2) of this
subsection and only when one of the following conditions prece-
dent is met:
(A) Approval by the Director of the applicants submission
of a detailed engineering study of the dam, prepared by a
professional engineer registered by the State of Georgia or
prepared by the United States Soil Conservation Service; or
(B) Approval by the Director of a written report prepared
by the Division or other authorized agency under contract
with the Director entered into upon behalf of the Division,
after a visual inspection has been performed by such agency
under the supervision of a professional engineer registered by
the State of Georgia; or
(C) Approval by the Director of the applicants submission
of a written report prepared by a professional engineer regis-
tered by the State of Georgia after a visual inspection has
been performed under the supervision of such engineer.
(2) In order for an existing dam to receive a permit autho-
rizing its operation under this subsection, such dam shall comply
with the design standards established pursuant to this Act and the
rules and regulations promulgated hereunder. In the event a visual
inspection provided for in subparagraph (B) of paragraph (1) of
this subsection or subparagraph (c) of paragraph (1) of this
subsection reveals that distress of the dam is indicated by various
conditions including, but not limited to, lack of adequate mainte-
nance, seepage, surface cracks, settlement, movement or erosion,
GEORGIA LAWS 1982 SESSION
2347
or when such inspection indicates that the dam was not designed
or constructed in accordance with the requirements of this Act
and the rules and regulations promulgated hereunder, a permit
may be issued only after the Director has received a detailed
engineering study as provided for in subparagraph (A) of para-
graph (1) of this subsection . Based upon a review of such study,
the Director shall deny the permit or issue same subject to
conditions necessary to bring the dam into compliance with the
Act and the rules and regulations promulgated hereunder.
(h) The visual inspection performed pursuant to subparagraph 7
(g) (1) (B) shall be made by the Division or under the provisions of a
contract between the Director entered into upon behalf of the Divi-
sion and the United States Army Corps of Engineers, the United
States Soil Conservation Service, the Georgia Department of Trans-
portation, or some other governmental agency.
(i) The Director may revoke, suspend or modify any permit
issued pursuant to this Act or deny the issuance of a permit for cause
including, but not limited to, the following:
(1) violation of any condition of said permit;
(2) obtaining a permit by misrepresentation, or failure to
disclose fully all relevant facts;
(3) violation of any provision of this Act or any rule or
regulation promulgated hereunder;
(4) failure to comply with dam safety standards provided
for in this Act or any rules and regulations promulgated here-
under;
(5) change in any condition that requires revocation, sus-
pension or modification of a permit in order to insure compliance
with the Act or any rules and regulations promulgated here-
under.
Section 6. Said Act is further amended by striking paragraph (4)
of subsection (a) of Section 12 which reads as follows:
(4) requiring a dam to have total spillway(s) designed to safely
pass, without danger of overtopping flood waters in accordance with
the objectives of this Act;, in its entirety.
2348
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 7. Said Act is further amended by adding between
Sections 12 and 13 a new Section 12A to read as follows:
Section 12A. Criteria for permits, (a) For the purposes of this
Section:
(1) PMP means probable maximum precipitation deter-
mined by the United States Weather Service to be the greatest
amount of rainfall of a six hour duration which would be expected
for a given location.
(2) Height means the height of a dam determined in the
manner described by subsection (d) of Section 3 of this Act.
(3) Acre-feet means the measurement of the impounding
capacity of a dam as described in subsection (d) of Section 3 of this
Act.
(b) All Category I dams identified by the Committee pursuant to
Section 6 of this Act shall be subclassified by the Director as follows:
(1) Small dams - Those with a storage capacity not exceed-
ing 500 acre-feet and a height not exceeding 25 feet.
(2) Medium dams - Those with a storage capacity exceed-
ing 500 acre-feet but not exceeding 1,000 acre-feet or a height
exceeding 25 feet but not exceeding 35 feet.
(3) Large dams - Those with a storage capacity exceeding
1,000 acre-feet but not exceeding 50,000 acre-feet or a height
exceeding 35 feet but not exceeding 100 feet.
(4) Very large dams - Those with a storage capacity
exceeding 50,000 acre-feet or a height exceeding 100 feet.
(c) Permits issued pursuant to this Act shall require minimum
spillway design as follows:
(1) Small dams
(2) Medium dams
(3) Large dams
(4) Very large dams
1/4 PMP
1/3 PMP
1/2 PMP
PMP.
GEORGIA LAWS 1982 SESSION
2349
Part 2
Section 8. Part 3 of Article 5 of Chapter 5 of Title 12 of the
Official Code of Georgia Annotated, known as the Georgia Safe
Dams Act of 1978, is amended by striking paragraph (4) of Code
Section 12-5-372 which reads as follows:
(4) Dam means the following:
(A) Any artificial barrier, including appurtenant works,
existing or being physically constructed as of July 1,1978, which
impounds or diverts water, and which either (1) is 25 feet or more
in height from the natural bed of the stream or watercourse
measured at the downstream toe of the barrier, or from the lowest
elevation of the outside limit of the barrier, if it is not across a
stream channel or watercourse, to the maximum water storage
elevation or (2) has an impounding capacity at maximum water
storage elevation of 50 acre-feet or more, except that it shall not
include:
(i) any artificial barrier which is not in excess of six feet
in height, regardless of storage capacity, or which has a
storage capacity at maximum water storage elevation not in
excess of 15 acre-free, regardless of height;
(ii) any artificial barrier constructed by the United
States Army Corps of Engineers, the Tennessee Valley
Authority, the United States Soil Conservation Service, or
any other department or agency of the United States govern-
ment, when such department or agency designed or approved
plans and supervised construction and maintains a program
of inspection; provide, however, this exemption shall cease
when the supervising federal agency relinquishes authority
for the operation or maintenance of such dam to a person;
(iii) any artificial barrier licensed by the Federal Energy
Regulatory Commission, or for which a license application is
pending with the Federal Energy Regulatory Commission;
(iv) any artificial barrier classified by the Committee as
a Category II Dam as same is defined in Code Section 12-5-
375.
2350
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) Any artificial barrier, including appurtenant works,
construction of which is commenced July 1,1978, which impounds
or diverts water and which is 15 feet or more in height from the
natural bed of the stream or watercourse measured at the down-
stream toe of the barrier, or from the lowest elevation of the
outside limit of the barrier, if it is not across a stream channel or
watercourse, to the normal water storage elevation and which has
an impounding capacity at normal water storage elevation of 50
acre-feet or more except that it shall not include any artificial
barrier as described in divisions (ii) and (iii) of subparagraph (a) of
this paragraph or any artificial barrier which is constructed for
farm uses which is 20 feet or more in height, measured as provided
in this paragraph, and which has an impounding capacity at
normal water storage elevation of 50 acre-feet or more. For
purposes of this subparagraph, farm uses means irrigation of
farmland, provision of water supply for farm animals, poultry
farming, or any other activity conducted in the course of farming
operations and which is not part of any residential, commercial or
industrial development.,
in its entirety and substituting in lieu thereof a new paragraph (4) to
read as follows:
(4) (A) Except as otherwise provided in subparagraph (B) of
this paragraph, dam means any artificial barrier, including
appurtenant works, which impounds or diverts water and which:
(i) Is 25 feet or more in height from the natural bed of
the stream or watercourse measured at the downstream toe of
the barrier, or from the lowest elevation of the outside limit of
the barrier, if the barrier is not across a stream channel or
watercourse, to the maximum water storage elevation; or
(ii) Has an impounding capacity at maximum water
storage elevation of 50 acre-feet or more.
(B) The word dam shall not include:
(i) Any dam constructed or financially assisted by the
United States Army Corps of Engineers, the Tennessee
Valley Authority, the United States Soil Conservation Ser-
vice, or any other department or agency of the United States
government, when such department or agency designed or
GEORGIA LAWS 1982 SESSION
2351
approved plans and supervised construction and maintains a
regular program of inspection of the dam, but this exemption
shall cease if the supervising federal agency notifies the
director that the dam is not in compliance with the mainte-
nance requirements of the federal agency, provided, however,
that this exemption shall cease for all such dams on Novem-
ber 1,1985, unless the supervising federal agency certifies to
the director that such dams are in compliance with require-
ments of the Georgia Safe Dams Act, including minimum
spillway design;
(ii) Any dam licensed by the Federal Energy Regula-
tory Commission, or for which a license application is pending
with the Federal Energy Regulatory Commission; or
(iii) Any dam classified by the Committee as a Category
II Dam pursuant to Code Section 12-5-375 of this part, except
that such Category II dams shall be subject to the provisions
of this part for the purposes of said Code Section 12-5-375 of
this part and for the purposes of subsection (b) of Code
Section 12-5-376 of this part.
Section 9. Said Part 3 is further amended by striking subpara-
graph (D) of paragraph (1) of Code Section 12-5-374 which reads as
follows:
(D) Requiring a dam to have total spillways designed to safely
pass, without danger of overtopping, flood waters in accordance with
the objectives of this part;,
in its entirety and by redesignating subparagraphs (E), (F), and (G) of
said paragraph (1) as subparagraphs (D), (E), and (F), respectively.
Section 10. Said Part 3 is further amended by striking subsec-
tions (a) and (b) of Code Section 12-5-375, which read as follows:
(a) In the performance of its duties:
(1) The committee shall inventory dams in the state for the
purpose of classifying such dams into various categories as defined
in paragraph (2) of this subsection. For purposes of this subsec-
tion the term dam shall include only those dams as defined in
subparagraph (A)of paragraph (4) of Code Section 12-5-372, and
2352
GENERAL ACTS AND RESOLUTIONS, VOL. I
those artificial barriers described in subsection (b) of Code Sec-
tion 12-5-376. Such inventory shall be completed by July 1,1983,
and the committee shall reinventory such dams at least once every
five years thereafter.
(2) Based upon its inventory, the committee shall classify
each dam into one of the following categories:
(A) Category I - Dams where improper operation or
dam failure would result in probable loss of human life.
(B) Category II - Dams where improper operation or
dam failure would not be expected to result in loss of human
life.
(3) Upon completion of inventory and classification of a
dam, the Committee shall promptly notify the director in writing
of the location of the dam, the owner and operator of such dam
and the category to which the dam has been assigned.
(b) The Committee is authorized to contract with other State or
federal agencies or private entities to accomplish the purposes of this
Section.
in their entirety and substituting in lieu thereof new subsections (a)
and (b) to read as follows:
(a) It shall be the duty of the committee to inventory the dams
in this state and to classify each dam into one of the following
categories:
(1) Category I - Dams where improper operation or dam
failure would result in probable loss of human life.
(2) Category II - Dams where improper operation or dam
failure would not be expected to result in loss of human life.
(b) The first inventory shall be completed by July 1,1983. The
committee shall reinventory the dams in this state at least once every
five years after the completion of the first inventory. Upon the
completion of the first and any subsequent inventory and the classifi-
cation of a dam as provided in subsection (a) of this Code section, the
committee shall promptly notify the director in writing of the location
GEORGIA LAWS 1982 SESSION
2353
of each Category I and II dam. Such notice to the director shall also
include the names of the owners and operators of each Category I and
Category II dam. The committee is authorized to contract with other
state or federal agencies or private entities to accomplish the pur-
poses of this Code section.
Section 11. Said Part 3 is further amended by striking subsec-
tion (e) of Code Section 12-5-375 in its entirety and substituting in
lieu thereof a new subsection (e) to read as follows:
(e) The committee shall have the right to direct and conduct
investigations as it may reasonably deem necessary to carry out its
duties as prescribed in this Code section. For this purpose, the
employees of the committee or any authorized representatives shall
have the right to enter at reasonable times on any property, public or
private, for the purpose of inventorying, classifying, and investigating
any dam and to require written reports from the owner or operator of
any dam for the purpose of accomplishing its duties under this Code
section. It is specifically provided, however, that if the owner of the
dam is a resident of the county wherein the dam is located, the
committee shall notify the owner before the committee or its employ-
ees or representatives shall enter the property of the dam for the
purposes of this Code section.
Section 12. Said Part 3 is further amended by striking subsec-
tion (g) of Code Section 12-5-375 in its entirety and substituting in
lieu thereof a new subsection (g) to read as follows:
(g) Any person who desires to construct an artificial barrier for
the purpose of impounding or diverting water may request of the
committee, and the committee is authorized to furnish such person
with a determination as to whether such artificial barrier , if con-
structed, would be a Category I or Category II dam for the purposes of
this part.
Section 13. Said Part 3 is further amended by striking Code
Section 12-5-376 in its entirety and substituting in lieu thereof a new
Code Section 12-5-376 to read as follows:
12-5-376. (a) Any person who desires to construct a dam but
has not commenced such construction as of July 1,1978, shall obtain a
permit from the director to construct a dam prior to commencement
of construction. Any person who is operating a dam or who is in the
2354
GENERAL ACTS AND RESOLUTIONS, VOL. I
physical process of constructing a dam as of July 1,1978, shall obtain
a permit from the- director for such operation or construction, pro-
vided that the person may continue to operate or construct such dam
pending final action by the director on the application for a permit;
provided, further, that such application has been filed with the
director within 180 days after the director serves upon the person a
written notice that such dam has been classified as a category I dam
by the committee in accordance with Code Section 12-5-375. Service
of notice upon the person shall be made by delivering the notice to
him or by mailing it to him by certified mail at his home or business
address. Service by mail is complete upon mailing unless the notice is
returned to the director by the U. S. Postal Service for any reason
other than a refusal by the person to accept the mailing. Permits
issued for the construction of dams pursuant to this part shall also
authorize the operation of such dams in accordance with the condi-
tions contained in such permits.
(b) If the committee notifies the director that a dam formerly
classified as a Category II dam has been reclassified by the committee
as a Category I dam because of modification in the dam or because of
changing circumstances, the director shall serve upon the owner or
operator of the dam a written notice of the committees determina-
tion regarding the dam. Within 180 days after such service of notice,
the owner or operator shall apply to the director for a permit to
operate the dam. Notice shall be served in accordance with subsection
(a) of this Code section. Such owner or operator may continue to
operate the dam pending final action by the director on the applica-
tion for a permit. A permit to operate such dam shall be issued in
accordance with the requirements of subsection (g) of this Code
section, notwithstanding the date specified in said subsection (g).
(c) Notwithstanding subsection (a) of this Code section, no
permit shall be required to be obtained by any person who constructs
a dam, if the dam is constructed in connection with or incidental to
surface mining as defined in Part 3 of Article 2 of Chapter 4 of this
title, but if the dam so constructed is classified by the committee as a
Category I dam, the owner or operator shall, upon the completion of
the mining activity in connection with which such dam was con-
structed, either drain and reclaim the impoundment formed by such
dam pursuant to such persons mined land use plan approved by the
director under Part 3 of Article 2 of Chapter 4 of this title, the
Georgia Surface Mining Act of 1968, or stabilize such impoundment
as a lake pursuant to such mined land use plan. If the impoundment is
GEORGIA LAWS 1982 SESSION
2355
reclaimed as a lake and the dam which created the impoundment
remains in place as a category I dam, then, before such lake is deemed
acceptable reclamation and the miner is released from his obligations
under Part 3 of Article 2 of Chapter 4 of this title the miner must
obtain a permit for such dam as provided by this part.
(d) Consistent with the provisions of Code Section 12-5-376.1 of
this part, the director is authorized to establish such conditions in
permits issued pursuant to this part as are necessary to assure
compliance with this part and all rules and regulations promulgated
hereunder. The director, under the conditions he prescribes, may
require the submission of such plans, specifications, and other infor-
mation as he deems relevant in connection with the issuance of such
permits and subsequent construction and operation of such dams.
(e) Permit applications for the construction of dams shall be
accompanied by a certificate from a professional engineer registered
to practice in Georgia stating that he is responsible for the design of
the dam and that the design meets the standards of this part and the
rules and regulations promulgated hereunder. As an alternative to a
certificate from a professional engineer, the director may accept a
permit application accompanied by a certificate from the United
States Soil Conservation Service stating that the design of the dam
meets the standards of this part and the rules and regulations
promulgated hereunder.
(f) If the director disapproves an application for construction of
a dam, a copy of the application shall be returned to the applicant
with a statement of the reasons for such disapproval. Such applicant
may reapply incorporating the improvements indicated by the direc-
tor.
(g) Permits authorizing the operation of dams in existence or
being physically constructed as of July 1, 1978, shall be issued only
when one of the following conditions precedent is met:
(1) Approval by the director of the applicants submission
of a detailed engineering study of the dam, prepared by a profes-
sional engineer registered by the State of Georgia or prepared by
the United States Soil Conservation Service;
2356
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Approval by the director of a written report prepared by
the division or other authorized agency under contract with the
director entered into upon behalf of the division after a visual
inspection has been performed by such agency under the supervi-
sion of a professional engineer registered by the State of Georgia;
or
(3) Approval by the director of the applicants submission
of a written report prepared by a professional engineer registered
by the State of Georgia after a visual inspection has been per-
formed under the supervision of such engineer.
(h) Subsection (g) of this Code section shall not be construed as
exempting any existing dam from compliance with the design stan-
dards established pursuant to this part and the rules and regulations
promulgated hereunder prior to the issuance of a permit authorizing
the operation of such dam. Further, in the event a visual inspection
provided for in paragraph (2) or paragraph (3) of subsection (g) of this
Code section reveals that distress of the dam is indicated by various
conditions including, but not limited to, lack of adequate mainte-
nance, seepage, surface cracks, settlement, movement, or erosion, or
when such inspection indicates that the dam was not designed or
constructed in accordance with the requirements of this part and the
rules and regulations promulgated hereunder, a permit may be issued
only after the director has received a detailed engineering study as
provided for in paragraph (1) of subsection (g) of this Code section.
Based upon a review of such study, the director shall deny the permit
or issue it subject to conditions necessary to bring the dam into
compliance with this part and the rules and regulations promulgated
hereunder.
(i) The visual inspection performed pursuant to paragraph (2) of
subsection (g) of this Code section shall be made by the division or
under the provisions of a contract between the director entered into
upon behalf of the division and the United States Army Corps of
Engineers, the United States Soil Conservation Service, the Georgia
Department of Transportation, or some other governmental agency.
(j) The director may revoke, suspend, or modify any permit
issued pursuant to this part or deny the issuance of a permit for cause,
including, but not limited to, the following:
GEORGIA LAWS 1982 SESSION
2357
(1) Violation of any condition of the permit;
(2) Obtaining a permit by misrepresentation or by failure to
disclose fully all relevant facts;
(3) Violation of any provision of this part or any rule or
regulation promulgated hereunder;
(4) Failure to comply with dam safety standards provided
for in this part or any rules and regulations promulgated here-
under;
(5) Change in any condition that requires revocation, sus-
pension, or modification of a permit in order to ensure compliance
with this part or any rules and regulations promulgated here-
under.
Section 14. Said Part 3 is further amended by adding between
Code Sections 12-5-376 and 12-5-377 a new Code Section 12-5-376.1
to read as follows:
12-5-376.1. (a) For the purposes of this Code section:
(1) PMP means probable maximum precipitation as deter-
mined by the United States Weather Service to be the greatest
amount of rainfall of a six-hour duration which would be expected
for a given location.
(2) Height means the height of a dam determined in the
manner described by paragraph (4) of Code Section 12-5-372 of
this part.
(3) Acre-feet means the measurement of the impounding
capacity of a dam as described in paragraph (4) of Code Section
12-5-372 of this part.
(b) All Category I dams identified by the committee pursuant to
Code Section 12-5-375 shall be subclassified by the director as
follows:
(1) Small dams - Those with a storage capacity not exceed-
ing 500 acre-feet and a height not exceeding 25 feet.
2358
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Medium dams - Those with a storage capacity exceed-
ing 500 acre-feet but not exceeding 1,000 acre-feet or a height
exceeding 25 feet but not exceeding 35 feet.
(3) Large dams - Those with a storage capacity exceeding
1,000 acre-feet but not exceeding 50,000 acre-feet or a height
exceeding 35 feet but not exceeding 100 feet.
(4) Very large dams - Those with a storage capacity
exceeding 50,000 acre-feet or a height exceeding 100 feet.
(c) Permits issued pursuant to this part shall require minimum
spillway design as follows:
Section 15. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 16. All laws and parts of laws in conflict with this Act
are repealed.
(1) Small dams
(2) Medium dams
(3) Large dams
(4) Very large dams
1/4 PMP
1/3 PMP
1/2 PMP
PMP.
Part 3
Approved April 22,1982.
GEORGIA LAWS 1982 SESSION
2359
CRIMES USE OF COMMUNICATION
FACILITIES IN COMMITTING CRIMES.
Code Section 16-13-32 Amended.
No. 1550 (House Bill No. 1283).
AN ACT
To amend Chapter 13 of Title 16 of the Official Code of Georgia
Annotated, relating to controlled substances, so as to make it unlaw-
ful for any person knowingly or intentionally to use any communica-
tion facility in committing or in causing or facilitating the commission
of any act or acts constituting a felony under this chapter; to define a
certain term; to provide for penalties; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 13 of Title 16 of the Official Code of Georgia
Annotated, relating to controlled substances, is amended by adding
between Code Sections 16-13-32.2 and 16-13-33 a new Code section,
to be designated Code Section 16-13-32.3, to read as follows:
16-13-32.3. (a) It shall be unlawful for any person knowingly
or intentionally to use any communication facility in committing or in
causing or facilitating the commission of any act or acts constituting a
felony under this chapter. Each separate use of a communication
facility shall be a separate offense under this Code section. For
purposes of this Code section, the term communication facility
means any and all public and private instrumentalities used or useful
in the transmission of writing, signs, signals, pictures, or sounds of all
kinds and includes mail, telephone, wire, radio, and all other means of
communication.
(b) Any person who violates subsection (a) of this Code section
shall be punished by a fine of not more than $30,000.00 or by
imprisonment for not less than one nor more than four years, or
both.
Section 2. This Act shall become effective November 1,1982.
2360
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
hereby repealed.
Approved April 22,1982.
WORKERS COMPENSATION ACT AMENDED.
Code Title 114 Amended.
Code Title 34, Chapter 9 Amended.
No. 1551 (House Bill No. 1301).
AN ACT
To amend Code Title 114, relating to Workers Compensation, as
amended, so as to provide that corporate officers may elect to be
exempt from coverage under the Workers Compensation Law; to
provide for procedures, requirements and other matters relative
thereto; to amend the Official Code of Georgia Annotated accord-
ingly; to provide effective dates; to provide for specific repeal; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Title 114, relating to Workers Compensation, as
amended, is amended by adding at the end of Code Section 114-101 a
new paragraph to read as follows:
Notwithstanding the foregoing provisions of this Section, any
officer of a corporation may elect to be exempt from coverage under
this Title by filing written certification of such election with the State
Board of Workers Compensation as provided in Section 114-201 of
this Title.
GEORGIA LAWS 1982 SESSION
2361
Section 2. Said Code Title is further amended by adding a new
Code Chapter immediately following Chapter 114-1 to be designated
Chapter 114-2 to read as follows:
Chapter 114-2
Exemptions from Coverage
114-201. Corporate officers, (a) A corporate officer who elects to
be exempt from coverage under this Title shall make such election by
giving written certification to the State Board of Workers Compensa-
tion.
(b) A corporate officer who has exempted himself by proper
certification from coverage under this Title may at any time revoke
such exemption and thereby accept coverage under this Title by
giving certification to such effect in the same manner as provided in
subsection (a) relative to exemption from coverage.
(c) No certification given pursuant to subsection (a) or (b) of this
Section shall become effective until 30 days after it is filed with the
State Board of Workers Compensation.
Part 2
Section 3. Article 1 of Chapter 9 of Title 34 of the Official Code
of Georgia Annotated, relating to general provisions of the workers
compensation law, is amended by adding at the end of paragraph (2)
of Code Section 34-9-1 the following paragraph:
Notwithstanding the foregoing provisions of this paragraph, any
officer of a corporation may elect to be exempt from coverage under
this chapter by filing written certification of such election with the
State Board of Workers Compensation as provided in Code Section
34-9-2.1 of this article.
Section 4. Said Article 1 of Chapter 9 of Title 34 is further
amended by adding immediately following Code Section 34-9-2 a new
Code Section 34-9-2.1 to read as follows:
34-9-2.1. (a) A corporate officer who elects to be exempt from
coverage under this chapter shall make such election by giving
written certification to the State Board of Workers Compensation.
2362
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) A corporate officer who has exempted himself by proper
certification from coverage under this chapter may at any time revoke
such exemption and thereby accept coverage under this chapter by
giving certification to such effect in the same manner as provided in
subsection (a) relative to exemption from coverage.
(c) No certification given pursuant to subsection (a) or (b) of this
Code section shall become effective until 30 days after it is filed with
the State Board of Workers Compensation.
Part 3
Section 5. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
PEACE OFFICERS ANNUITY AND BENEFIT
FUND ACT AMENDED.
Code Section 47-17-82 Amended.
No. 1552 (House Bill No. 1313).
AN ACT
To amend an Act creating the Peace Officers Annuity and Benefit
Fund, approved February 1,1950 (Ga. L. 1950, p. 50), as amended by
GEORGIA LAWS 1982 SESSION
2363
an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act
approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved
March 11,1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved
January 5, 1954 (Ga. L. 1953, Nov.-Dee. Sess., p. 488), an Act
approved March 3, 1955 (Ga. L. 1955, p. 387), an Act approved
February 27,1956 (Ga. L. 1956, p. 314), an Act approved February 28,
1956 (Ga. L. 1956, p. 280), an Act approved March 25,1958 (Ga. L.
1958, p. 341), an Act approved March 17,1959 (Ga. L. 1959, p. 330), an
Act approved February 12,1962 (Ga. L. 1962, p. 39), an Act approved
March 30,1963 (Ga. L. 1963, p. 386), an Act approved April 2,1963
(Ga. L. 1963, p. 262), an Act approved March 26,1964 (Ga. L. 1964, p.
757), an Act approved April 8, 1965 (Ga. L. 1965, p. 593), an Act
approved March 10,1966 (Ga. L. 1966, p. 395), an Act approved April
2,1968 (Ga. L. 1968, p. 536), an Act approved March 14,1969 (Ga. L.
1969, p. 74), an Act approved February 26,1970 (Ga. L. 1970, p. 93),
an Act approved March 10, 1970 (Ga. L. 1970, p. 199), an Act
approved March 1,1971 (Ga. L. 1971, p. 12), an Act approved March
12,1973 (Ga. L. 1973, p. 57), an Act approved March 12,1973 (Ga. L.
1973, p. 63), an Act approved March 28,1974 (Ga. L. 1974, p. 1201), an
Act approved March 28,1974 (Ga. L. 1974, p. 1204), an Act approved
April 18,1975 (Ga. L. 1975, p. 578), an Act approved March 24,1976
(Ga. L. 1976, p. 580), an Act approved March 23,1977 (Ga. L. 1977, p.
682), an Act approved April 5, 1978 (Ga. L. 1978, p. 1921), an Act
approved March 21, 1979 (Ga. L. 1979, p. 430), an Act approved
March 25, 1980 (Ga. L. 1980, p. 1121), an Act approved March 23,
1981 (Ga. L. 1981, p. 454), and an Act approved April 7,1981 (Ga. L.
1981, p. 710), so as to change the amount to be paid to a beneficiary
upon the death of a peace officer; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. An Act creating the Peace Officers Annuity and
Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as
2364
GENERAL ACTS AND RESOLUTIONS, VOL. I
amended by an Act approved February 21,1951 (Ga. L. 1951, p. 472),
an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act
approved March 11,1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act
approved January 5, 1954 (Ga. L. 1953, Nov.-Dee. Sess., p. 488), an
Act approved March 3, 1955 (Ga. L. 1955, p. 387), an Act approved
February 27,1956 (Ga. L. 1956, p. 314), an Act approved February 28,
1956 (Ga. L. 1956, p. 280), an Act approved March 25, 1958 (Ga. L.
1958, p. 341), an Act approved March 17,1959 (Ga. L. 1959, p. 330), an
Act approved February 12,1962 (Ga. L. 1962, p. 39), an Act approved
March 30, 1963 (Ga. L. 1963, p. 386), an Act approved April 2, 1963
(Ga. L. 1963, p. 262), an Act approved March 26,1964 (Ga. L. 1964, p.
757), an Act approved April 8, 1965 (Ga. L. 1965, p. 593), an Act
approved March 10,1966 (Ga. L. 1966, p. 395), an Act approved April
2,1968 (Ga. L. 1968, p. 536), an Act approved March 14,1969 (Ga. L.
1969, p. 74), an Act approved February 26,1970 (Ga. L. 1970, p. 93),
an Act approved March 10, 1970 (Ga. L. 1970, p. 199), an Act
approved March 1,1971 (Ga. L. 1971, p. 12), an Act approved March
12,1973 (Ga. L. 1973, p. 57), an Act approved March 12,1973 (Ga. L.
1973, p. 63), an Act approved March 28,1974 (Ga. L. 1974, p. 1201), an
Act approved March 28,1974 (Ga. L. 1974, p. 1204), an Act approved
April 18,1975 (Ga. L. 1975, p. 578), an Act approved March 24,1976
(Ga. L. 1976, p. 580), an Act approved March 23,1977 (Ga. L. 1977, p.
682), an Act approved April 5, 1978 (Ga. L. 1978, p. 1921), an Act
approved March 21, 1979 (Ga. L. 1979, p. 430), an Act approved
March 25, 1980 (Ga. L. 1980, p. 1121), an Act approved March 23,
1981 (Ga. L. 1981, p. 454), and an Act approved April 7,1981 (Ga. L.
1981, p. 710), is amended by striking Section 13 in its entirety and
inserting in lieu thereof a new Section 13 to read as follows:
Section 13. A peace officer, upon becoming a member of the
fund, and after having designated a beneficiary, shall be issued a
certificate by the board whereby the board shall agree to pay the sum
of $3,000, or such lesser amount as might be arrived at as hereinafter
provided, to such beneficiary upon the death of such peace officer. If a
member has received $1,000 or more in retirement benefits at the
time of his death, such beneficiary shall only be entitled to receive
$2,000 upon the death of such peace officer. If a member has received
less than $1,000 in retirement benefits at the time of his death, such
beneficiary shall only be entitled to receive an amount which, when
added to the amount already received by the officer, will total $3,000.
Any peace officer who, after lawfully becoming a member of said
Annuity and Benefit Fund and while paying dues therein, shall
GEORGIA LAWS 1982 SESSION
2365
receive an injury by external accident or violence arising out of and in
the course of the employment as such officer and not resulting from
willful misconduct of such officer from which injury, death of such
officer shall result as the direct and proximate cause thereof, within a
period of 12 months of the date thereof, the designated beneficiary of
said officer shall, upon application to the Board of Commissioners
and lawful proof of said injury and death as the direct and proximate
result thereof, be paid a sum of $5,000, $3,000 of which shall be paid
instanter and the balance at the rate of $100.00 per month for a period
of 20 months immediately subsequent to the date of said death.
Provided, however, if such peace officer received any disability bene-
fits under provisions of this Act, the $5,000.00 death benefits pro-
vided for under this section shall be reduced in the amount of such
disability benefits received, however, in no event shall such death
benefit be less than $2,000.00, regardless of the amount of benefits
such peace officer may have drawn prior to his death.
Part 2
Section 2. Code Section 47-17-82 of the Official Code of Georgia
Annotated, relating to payments to a beneficiary upon the death of a
peace officer, is amended by striking said Code section in its entirety
and inserting in lieu thereof a new Code Section 47-17-82 to read as
follows:
47-17-82. (a) A peace officer, upon becoming a member of the
fund and after having designated a beneficiary, shall be issued a
certificate by the board whereby the board shall agree to pay the sum
of $3,000.00, or such lesser amount as might be arrived at under this
Code section, to such beneficiary upon the death of such member. If a
member has received $1,000.00 or more in retirement benefits at the
time of his death, such beneficiary shall only be entitled to receive
$2,000.00 upon the death of such member. If a member has received
less than $1,000.00 in retirement benefits at the time of his death,
such beneficiary shall only be entitled to receive an amount which,
when added to the amount already received by the member, will total
$3,000.00.
(b) The designated beneficiary of any dues-paying member who
receives an injury by external accident or violence arising out of and
in the course of the employment as a peace officer and not resulting
from willful misconduct of such officer, which injury is the direct and
proximate cause of death within 12 months of the date of the injury,
2366
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall, upon application to the board and lawful proof of such injury
and death as the direct and proximate result thereof, be paid a sum of
$5,000.00, $3,000.00 of which shall be paid immediately and the
balance at the rate of $100.00 per month for a period of 20 months
immediately subsequent to the date of death, provided that, if such
peace officer received any disability benefits under this chapter, the
$5,000.00 death benefit provided for under this Code section shall be
reduced in the amount of such disability benefits received; provided,
further, that in no event shall such death benefit be less than
$2,000.00, regardless of the amount of benefits such peace officer may
have drawn prior to his death.
(c) Applications for such benefits shall contain such information
as the board shall desire.
Part 3
Section 3. (a) Except as otherwise provided in subsection (c) of
this section, this Act shall become effective on April 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982!'
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
GEORGIA LAWS 1982 SESSION
2367
PEACE OFFICERS ANNUITY AND BENEFIT
FUND ACT AMENDED.
Code Section 47-17-81 Amended.
No. 1553 (House Bill No. 1314).
AN ACT
To amend an Act creating the Peace Officers Annuity and Benefit
Fund, approved February 1,1950 (Ga. L. 1950, p. 50), as amended by
an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act
approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved
March 11,1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved
January 5, 1954 (Ga. L. 1953, Nov.-Dee. Sess., p. 488), an Act
approved March 3, 1955 (Ga. L. 1955, p. 387), an Act approved
February 27,1956 (Ga. L. 1956, p. 314), an Act approved February 28,
1956 (Ga. L. 1956, p. 280), an Act approved March 25, 1958 (Ga. L.
1958, p. 341), an Act approved March 17,1959 (Ga. L. 1959, p. 330), an
Act approved February 12,1962 (Ga. L. 1962, p. 39), an Act approved
March 30,1963 (Ga. L. 1963, p. 386), an Act approved April 2,1963
(Ga. L. 1963, p. 262), an Act approved March 26,1964 (Ga. L. 1964, p.
757), an Act approved April 8, 1965 (Ga. L. 1965, p. 593), an Act
approved March 10,1966 (Ga. L. 1966, p. 395), an Act approved April
2,1968 (Ga. L. 1968, p. 536), an Act approved March 14,1969 (Ga. L.
1969, p. 74), an Act approved February 26,1970 (Ga. L. 1970, p. 93),
an Act approved March 10, 1970 (Ga. L. 1970, p. 199), an Act
approved March 1,1971 (Ga. L. 1971, p. 12), an Act approved March
12,1973 (Ga. L. 1973, p. 57), an Act approved March 12,1973 (Ga. L.
1973, p. 63), an Act approved March 28,1974 (Ga. L. 1974, p. 1201), an
Act approved March 28,1974 (Ga. L. 1974, p. 1204), an Act approved
April 18,1975 (Ga. L. 1975, p. 578), an Act approved March 24,1976
(Ga. L. 1976, p. 580), an Act approved March 23,1977 (Ga. L. 1977, p.
682), an Act approved April 5, 1978 (Ga. L. 1978, p. 1921), an Act
approved March 21, 1979 (Ga. L. 1979, p. 430), an Act approved
March 25, 1980 (Ga. L. 1980, p. 1121), an Act approved March 23,
1981 (Ga. L. 1981, p. 454), and an Act approved April 7,1981 (Ga. L.
1981, p. 710), so as to change the provisions relative to disability
benefits for certain members; to amend the Official Code of Georgia
Annotated accordingly; to provide effective dates; to repeal conflict-
ing laws; and for other purposes.
2368
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act creating the Peace Officers Annuity and
Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as
amended by an Act approved February 21,1951 (Ga. L. 1951, p. 472),
an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act
approved March 11,1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act
approved January 5,1954 (Ga. L. 1953, Nov.-Dee. Sess., p. 488), an
Act approved March 3,1955 (Ga. L. 1955, p. 387), an Act approved
February 27,1956 (Ga. L. 1956, p. 314), an Act approved February 28,
1956 (Ga. L. 1956, p. 280), an Act approved March 25,1958 (Ga. L.
1958, p. 341), an Act approved March 17,1959 (Ga. L. 1959, p. 330), an
Act approved February 12,1962 (Ga. L. 1962, p. 39), an Act approved
March 30,1963 (Ga. L. 1963, p. 386), an Act approved April 2,1963
(Ga. L. 1963, p. 262), an Act approved March 26,1964 (Ga. L. 1964, p.
757), an Act approved April 8, 1965 (Ga. L. 1965, p. 593), an Act
approved March 10,1966 (Ga. L. 1966, p. 395), an Act approved April
2,1968 (Ga. L. 1968, p. 536), an Act approved March 14,1969 (Ga. L.
1969, p. 74), an Act approved February 26,1970 (Ga. L. 1970, p. 93),
an Act approved March 10, 1970 (Ga. L. 1970, p. 199), an Act
approved March 1,1971 (Ga. L. 1971, p. 12), an Act approved March
12,1973 (Ga. L. 1973, p. 57), an Act approved March 12,1973 (Ga. L.
1973, p. 63), an Act approved March 28,1974 (Ga. L. 1974, p. 1201), an
Act approved March 28,1974 (Ga. L. 1974, p. 1204), an Act approved
April 18,1975 (Ga. L. 1975, p. 578), an Act approved March 24,1976
(Ga. L. 1976, p. 580), an Act approved March 23,1977 (Ga. L. 1977, p.
682), an Act approved April 5, 1978 (Ga. L. 1978, p. 1921), an Act
approved March 21, 1979 (Ga. L. 1979, p. 430), an Act approved
March 25, 1980 (Ga. L. 1980, p. 1121), an Act approved March 23,
1981 (Ga. L. 1981, p. 454), and an Act approved April 7,1981 (Ga. L.
1981, p. 710), is amended by striking subsection (r) of Section 12 in its
entirety and inserting in lieu thereof a new subsection (r) to read as
follows:
(r) Any other provision of law to the contrary notwithstanding,
any member who is receiving disability benefits pursuant to this
Section on April 1,1982, and who had at least 20 years of creditable
service at the time such member first became eligible for such
disability benefits shall receive the same benefits as a member who
retires at age 55 or older with 20 years of creditable service under the
provisions of Section 11. For each year of service above 20 years but
GEORGIA LAWS 1982 SESSION
2369
not more than 30 years which such member had when first becoming
eligible to receive disability benefits, the benefits shall be the same as
those provided for the same number of years of creditable service
under the provisions of Section 11. The benefits of such members
who are receiving disability benefits pursuant to this Section on April
1,1982, shall be recomputed and the increased benefits shall be paid
to such members beginning April 1, 1982. Any member who first
becomes eligible to receive disability benefits after April 1,1982, who
has the required years of creditable service as provided in this
subsection shall have his benefits computed and paid in the same
manner as provided hereinbefore in this subsection.
Part 2
Section 2. Code Section 47-17-81 of the Official Code of Georgia
Annotated, relating to disability benefits, is amended by striking
subsection (c) in its entirety and inserting in lieu thereof a new
subsection (c) to read as follows:
(c) Any other provision of law to the contrary notwithstanding,
any member who is receiving disability benefits pursuant to this Code
section on April 1,1982, and who had at least 20 years of creditable
service at the time such member first became eligible for such
disability benefits shall receive the same benefits as a member who
retires at age 55 or older with 20 years of creditable service under the
provisions of Code Section 47-17-80. For each year of service above 20
years but not more than 30 years which such member had when first
becoming eligible to receive disability benefits, the benefits shall be
the same as those provided for the same number of years of creditable
service under the provisions of Code Section 47-17-80. The benefits
of such members who are receiving disability benefits pursuant to this
Code section on April 1,1982, shall be recomputed and the increased
benefits shall be paid to such members beginning April 1,1982. Any
member who first becomes eligible to receive disability benefits after
April 1, 1982, who has the required years of creditable service as
provided in this subsection shall have his benefits computed and paid
in the same manner as provided hereinbefore in this subsection.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective on April 1,1982.
2370
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
CRIMES COUNTERFEIT CONTROLLED
SUBSTANCES, ETC.
Code Title 16, Chapter 13 Amended.
No. 1554 (House Bill No. 1349).
AN ACT
To amend Chapter 13 of Title 16 of the Official Code of Georgia
Annotated, relating to controlled substances, so as to change the
definition of the term counterfeit substance; to define the term
noncontrolled substance; to provide for the definition of additional
terms; to make it unlawful to manufacture, deliver, distribute, dis-
pense, or sell a noncontrolled substance upon the express or implied
representation that the substance is a narcotic or nonnarcotic con-
trolled substance or upon the express or implied representation that
the substance is of such nature or appearance that the recipient of
said delivery will be able to distribute said substance as a controlled
substance or that the substance will have the same pharmacological
action or effect as a controlled substance; to provide for prima-facie
evidence of the implied representation; to provide that a certain belief
on the part of the accused is no defense; to provide for exemptions; to
provide for penalties; to provide for forfeiture of certain property; to
provide for severability; to provide an effective date; to repeal con-
flicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
2371
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 13 of Title 16 of the Official Code of Georgia
Annotated, relating to controlled substances, is amended by striking
in its entirety paragraph (6) of Code Section 16-13-21 and inserting in
lieu thereof a new paragraph (6) to read as follows:
(6) Counterfeit substancemeans:
(A) A controlled substance which, or the container or label-
ing of which, without authorization, bears the trademark, trade
name, or other identifying mark, imprint, number, or device, or
any likeness thereof, of a manufacturer, distributor, or dispenser
other than the person who in fact manufactured, distributed, or
dispensed the controlled substance;
(B) A controlled substance or noncontrolled substance,
which is held out to be a controlled substance or marijuana,
whether in a container or not which does not bear a label which
accurately or truthfully identifies the substance contained
therein; or
(C) Any substance, whether in a container or not, which
bears a label falsely identifying the contents as a controlled
substance.
Section 2. Said chapter is further amended by adding after
paragraph (28) of Code Section 16-13-21 a new paragraph (29) to read
as follows:
(29) Noncontrolled substance means any drug or other sub-
stance other than a controlled substance as defined by paragraph (4)
of this Code section.
Section 3. Said chapter is further amended by adding between
Code Sections 16-13-30 and 16-13-31 a new Code section, to be
designated Code Section 16-13-30.1, to read as follows:
16-13-30.1. (a) (1) It is unlawful for any person knowingly
to manufacture, deliver, distribute, dispense, possess with the
intent to distribute, or sell a noncontrolled substance upon either:
2372
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) The express or implied representation that the
substance is a narcotic or nonnarcotic controlled substance;
(B) The express or implied representation that the
substance is of such nature or appearance that the recipient of
said delivery will be able to distribute said substance as a
controlled substance; or
(C) The express or implied representation that the
substance has essentially the same pharmacological action or
effect as a controlled substance.
(2) The definitions of the terms deliver, delivery, distri-
bute, dispense, and manufacture provided in Code Section 16-
13-21 shall not be applicable to this Code section; but such terms
as used in this Code section shall have the meanings ascribed to
them in the ordinary course of business.
(b) An implied representation may be shown by proof of any two
of the following:
(1) The manufacture, delivery, distribution, dispensing, or
sale included an exchange or a demand for money or other
valuable property as consideration for delivery of the substance
and the amount of such consideration was substantially in excess
of the reasonable value of the noncontrolled substance;
(2) The physical appearance of the finished product con-
taining the substance is substantially identical to a specific con-
trolled substance;
(3) The finished product bears an imprint, identifying
mark, number, or device which is substantially identical to the
trademark, identifying mark, imprint, number, or device of a
manufacturer licensed by the Food and Drug Administration of
the United States Department of Health and Human Services.
(c) In any prosecution for unlawful manufacture, delivery, dis-
tribution, possession with intent to distribute, dispensing, or sale of a
noncontrolled substance, it is no defense that the accused believed
the noncontrolled substance to be actually a controlled substance.
GEORGIA LAWS 1982 SESSION
2373
(d) The provisions of this Code section shall not prohibit a duly
licensed business establishment, acting in the usual course of busi-
ness, from selling or for a practitioner, acting in the usual course of his
professional practice, from dispensing a drug preparation manufac-
tured by a manufacturer licensed by the Food and Drug Administra-
tion of the United States Department of Health and Human Services
for over-the-counter sale which does not bear a label stating Federal
law prohibits dispensing without a prescription or similar language
meaning that the drug preparation requires a prescription.
(e) The unlawful manufacture, delivery, distribution, dispens-
ing, possession with the intention to distribute, or sale of a noncon-
trolled substance in violation of this Code section is a felony and,
upon conviction thereof, such person shall be punished by impris-
onment for not less than one year nor more than ten years or by a fine
not to exceed $25,000.00, or both.
(f) All property which would be subject to forfeiture under the
provisions of subsection (a) of Code Section 16-13-49 for a violation of
this article which is used, or intended for use, to facilitate, or is
derived from, a violation of this Code section and any noncontrolled
substance which is manufactured, distributed, dispensed, possessed
with the intent to distribute, or sold in violation of this Code section
are declared to be contraband and there shall be no property interest
therein. Any property or noncontrolled substance which is subject to
the provisions of this subsection shall be forfeited in accordance with
the procedures of Code Section 16-13-49.
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
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 November 1,1982.
2374
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
EVIDENCE DEPOSITIONS AND DISCOVERY.
Code Title 9, Chapter 11 Amended.
No. 1555 (House Bill No. 1352).
AN ACT
To amend Article 5 of Chapter 11 of Title 9 of the Official Code of
Georgia Annotated, relating to depositions and discovery, so as to
provide exceptions to the requirement of filing depositions and other
discovery material with the court; 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. Article 5 of Chapter 11 of Title 9 of the Official Code
of Georgia Annotated, relating to depositions and discovery, is
amended by adding a new Code section immediately following Code
Section 9-11-29 to be designated Code Section 9-11-29.1 to read as
follows:
9-11-29.1. (a) Depositions and other discovery material other-
wise required to be filed with the court under this chapter shall not be
required to be so filed unless:
(1) Required by local rule of court;
(2) Ordered by the court;
GEORGIA LAWS 1982 SESSION
2375
(3) Requested by any party to the action;
(4) Relief relating to discovery material is sought under this
chapter and said material has not previously been filed under
some other provision of this chapter, in which event copies of the
material in dispute shall be filed by the movant contempo-
raneously with the motion for relief; or
(5) Such material is to be used at trial or is necessary to a
pretrial or posttrial motion and said material has not previously
been filed under some other provision of this chapter, in which
event the portions to be used shall be filed with the clerk of the
court at the outset of the trial or at the filing of the motion, insofar
as their use can be reasonably anticipated by the parties having
custody thereof, but a party attempting to file and use such
material which was not filed with the clerk at the outset of the trial
or at the filing of the motion shall show to the satisfaction of the
court, before the court may authorize such filing and use, that
sufficient reasons exist to justify that late filing and use and that
the late filing and use will not constitute surprise or manifest
injustice to any other party in the proceedings.
(b) Until such time as discovery material is filed under para-
graphs (1) through (5) of subsection (a) of this Code section, the
original of all depositions shall be retained by the party taking the
deposition and the original of all other discovery material shall be
retained by the party requesting such material, and the person thus
retaining the deposition or other discovery material shall be the
custodian thereof.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
2376
GENERAL ACTS AND RESOLUTIONS, VOL. I
CLINICAL LABORATORIES.
Code Section 31-22-3 Amended.
No. 1556 (House Bill No. 1368).
AN ACT
To amend an Act providing for the control and operation of
clinical laboratories, approved March 20,1970 (Ga. L. 1970, p. 531), as
amended, so as to change the qualifications of one member of the
committee; to amend Code Section 31-22-3 of the Official Code of
Georgia Annotated, relating to the clinical laboratory, blood bank,
and tissue bank committee, so as to provide for the same changes
provided above; to provide effective dates; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. An Act providing for the control and operation of
clinical laboratories, approved March 20,1970 (Ga. L. 1970, p. 531), as
amended, is amended by striking in its entirety subsection (a) of
Section 8 of said Act, which reads as follows:
(a) one member of the Committee shall be a medical laboratory
technician.,
and inserting in lieu thereof the following:
(a) one member of the Committee shall be a medical laboratory
technician or shall be a medical laboratory technologist who has at
least two years experience but who has not more than 134 hours of
college or university level work.
Part 2
Section 2. Code Section 31-22-3 of the Official Code of Georgia
Annotated, relating to the clinical laboratory, blood bank, and tissue
bank committee, is amended by striking in its entirety paragraph (1)
of subsection (a) of said Code section, which reads as follows:
GEORGIA LAWS 1982 SESSION
2377
(1) One member of the committee shall be a medical laboratory
technician;,
and inserting in lieu thereof the following:
(1) One member of the committee shall be a medical laboratory
technician or shall be a medical laboratory technologist who has at
least two years experience but who has not more than 134 hours of
college or university level work;.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
2378
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA STATE BOARD OF LANDSCAPE
ARCHITECTS.
Code Chapter 84-40 Amended.
Code Section 88-4010 Amended.
Code Title 43, Chapter 23 Amended.
No. 1557 (House Bill No. 1373).
AN ACT
To amend Code Chapter 84-40, relating to the Georgia State
Board of Landscape Architects, as amended, particularly by an Act
approved March 20,1980 (Ga. L. 1980, p. 591) and an Act approved
April 7,1981 (Ga. L. 1981, p. 781), so as to change the qualifications of
landscape architects; to continue the board and the laws relating to
the board until a certain date; to clarify the exemption for landscape
contractors; to amend the Official Code of Georgia Annotated accord-
ingly; to provide effective dates; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 84-40, relating to the Georgia State
Board of Landscape Architects, as amended, particularly by an Act
approved March 20,1980 (Ga. L. 1980, p. 591) and an Act approved
April 7,1981 (Ga. L. 1981, p. 781), is amended by striking subsection
(a) of Code Section 84-4004, relating to exemptions, and inserting in
its place a new subsection to read as follows:
(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 insofar as he engages in the business
or acts in the capacity of a landscape contractor in its various forms.
Section 2. Said Code chapter is further amended by striking
subsection (e) of Code Section 84-4005 and inserting in its place a new
subsection (e) to read as follows:
(e) Pursuant to Section 9 of The Act Providing for the Review,
Continuation, Reestablishment or Termination of Regulatory Agen-
GEORGIA LAWS 1982 SESSION
2379
ties, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or
hereafter amended, the Georgia State Board of Landscape Architects
and the laws relating thereto are hereby continued until July 1,1986,
at which time the board shall be terminated. Upon its termination,
the board shall continue in existence until July 1 of the next succeed-
ing 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 Code chapter is further amended by striking
paragraph (2) of subsection (a) of Code Section 88-4010 and inserting
in its place a new paragraph to read as follows:
(2) Shall have had at least six and one-half years of training in
the actual practice of landscape architecture; provided that a person
holding a degree which requires five academic years of education from
a school of landscape architecture, environmental design, or its
equivalent approved by the board, may be licensed after having
received one and one-half years of training in the actual practice of
landscape architecture as may be approved by the board, provided
that at least one year of such actual practice shall be obtained
subsequent to the receipt of such undergraduate degree; provided,
further that the board may substitute any educational experience it
deems sufficient which is not otherwise represented by the aforemen-
tioned undergraduate degree in landscape architecture, environ-
mental design, or its equivalent for any equivalent term necessary to
attain the requisite six and one-half years of experience. With no
degree in landscape architecture, environmental design, or its equiva-
lent, all actual practice shall be under the direction of a licensed
landscape architect.
Section 4. Said Code chapter is further amended by striking
subsection (b) of Code Section 88-4010 and inserting in its place a new
subsection to read as follows:
2380
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The applicant for licensure must have passed a written
examination generally covering the matters confronting landscape
architects, provided that persons holding degrees which require five
academic years of education from approved schools of landscape
architecture, environmental design, or their equivalent shall be per-
mitted to take such examination prior to satisfying the actual practice
requirements of this Code section by furnishing satisfactory proof of
their graduation to the board. The examination shall cover such
matters as are reasonably calculated to test the knowledge and skill of
the applicant in the field of landscape architecture. Failure to pass
the examination shall be grounds for denial of a license without a
further hearing.
Part 2
Section 5. Chapter 23 of Title 43 of the Official Code of Georgia
Annotated, relating to landscape architects, is amended by striking
Code Section 43-23-7 and inserting in its place a new Code section to
read as follows:
43-23-7. (a) Each applicant for licensure as a landscape archi-
tect shall:
(1) Be at least 18 years of age; and
(2) Have had at least six and one-half years of training in
the actual practice of landscape architecture, provided that a
person holding a degree which requires five academic years of
education from a school of landscape architecture, environmental
design, or its equivalent approved by the board may be licensed
after having received one and one-half years of training in the
actual practice of landscape architecture as may be approved by
the board, provided that at least one year of such actual practice
shall be subsequent to receiving such undergraduate degree and
provided, further, that the board may substitute any educational
experience it deems sufficient which is not otherwise represented
by the aforementioned undergraduate degree in landscape archi-
tecture, environmental design, or its equivalent for any equivalent
term necessary to attain the requisite six and one-half years of
experience. In the absence of a degree in landscape architecture,
environmental design, or its equivalent, all actual practice shall be
under the direction of a licensed landscape architect.
GEORGIA LAWS 1982 SESSION
2381
(b) Persons who, on July 1, 1976, held licenses as landscape
architects issued under the laws of this state shall not be required to
obtain additional licenses under this chapter but shall otherwise be
subject to all applicable provisions of this chapter, including those
pertaining to renewal of such license; and such licensee shall be
considered licensed for all purposes under this chapter and subject to
the provisions hereof.
(c) The applicant for licensure must have passed a written
examination generally covering the matters confronting landscape
architects, provided that persons holding degrees which require five
academic years of education from approved schools of landscape
architecture, environmental design, or their equivalent shall be per-
mitted to take such examination prior to satisfying the actual practice
requirements of this Code section by furnishing satisfactory proof of
their graduation to the board. The examination shall cover such
matters as are reasonably calculated to test the knowledge and skill of
the applicant in the field of landscape architecture. Failure to pass
the examination shall be grounds for denial of a license without a
further hearing.
Section 6. Said chapter is further amended by striking para-
graph (1) of subsection (a) of Code Section 43-23-17 and inserting in
its place a new paragraph to read as follows:
(1) A landscape contractor, including a residential landscape
contractor, engaging in the business of or acting in the capacity of a
landscape contractor in this state insofar as he engages in the business
or acts in the capacity of a landscape contractor in its various forms;.
Section 7. Said chapter is further amended by striking Code
Section 43-23-20 and inserting in its place a new Code section to read
as follows:
43-23-20. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the Georgia Board of Landscape
Architects shall be terminated on July 1,1986, and this chapter and
any other laws relating to such board shall be repealed in their
entirety effective on the date specified in Code Section 43-2-8.
2382
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
Section 8. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
AD VALOREM TAXATION, ETC. PREPAYMENT
AGREEMENTS.
Code Sections 91A-1028.1, 48-5-30 Enacted.
No. 1558 (House Bill No. 1375).
AN ACT
To amend Code Chapter 91 A-10, relating to ad valorem tax, as
amended, so as to authorize local governments, boards of education,
and developers to enter into agreements for the prepayment of ad
valorem taxes and school taxes; to provide for definitions; to autho-
rize local governments to adopt public improvement programs to be
incorporated into tax prepayment agreements; to authorize local
boards of education to adopt school construction programs or other
programs of expenditures for educational purposes to be included in
tax prepayment agreements; to provide the requirements of valid tax
prepayment agreements; to provide the requirements of valid public
improvement programs, school construction programs, and other
GEORGIA LAWS 1982 SESSION
2383
programs of expenditures for educational purposes in tax prepayment
agreements; to provide for equal annual credits against the tax due on
developments from tax prepayments made in respect of develop-
ments over a period of five years beginning as early as the first year of
the completion or commercial or productive use of the development;
to provide that tax prepayments shall not constitute a debt of the
local government or board of education; to provide for the forfeiture
of tax credits in certain circumstances; to provide for final determina-
tions by local governments and local boards of education of public
necessity; to provide that all tax prepayment agreements are volun-
tary; to provide for validation proceedings; to provide for other
matters relative to the foregoing; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Chapter 91A-10, relating to ad valorem tax, as
amended, is amended by adding a new Code Section 91A-1028.1 to
read as follows:
91A-1028.1. Tax prepayment agreements, (a) Notwithstanding
any provision of law to the contrary, and subject to the conditions
specified in this Section, any developer may enter into an agreement
with any local government or local board of education, or both, for the
prepayment of ad valorem taxes or school taxes or both. Any such
agreement may include programs of public improvements adopted by
the local government or the local board of education, or any combina-
tion thereof, and shall be a lawful and binding contract enforceable by
and against the local government, local board of education, developer,
and the beneficial owners of any development property assessed for
taxation which is the subject of a tax prepayment agreement.
(b) As used in this Section, the term:
(1) Developer means a person constructing a development.
(2) Development or development property means a major
industrial project which will employ at least 200 persons during
construction or operation of the project.
2384
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Local board of education means the county or area
board of education, or in the case of an independent school district
the board of education or other body, having authority over and
responsibility for a school district.
(4) Local government means any county or any municipal
corporation which has the authority to collect ad valorem taxes.
(5) Program of public improvement includes any or all
projects for which a local government or local board of education is
authorized by any provision of law to impose or recommend the
imposition of taxes and shall include programs of school construc-
tion or expenditures for other educational purposes for which a
local board of education is authorized by any provision of law to
impose taxes.
(6) School district means any area, county, independent,
or local school district within which all or any part of any develop-
ment is located.
(7) School tax includes any tax authorized by any provi-
sion of law to be assessed by a local government or by a local board
of education for educational purposes, including but not limited to
the construction of schools and the repayment of bonds issued for
such purposes.
(c) Each tax prepayment agreement shall become effective upon
its adoption by resolution of the governing body of the local govern-
ment or by resolution of the local board of education, or both, as the
case may be, agreement by the developer, and the subsequent prepay-
ment of taxes by the developer. Such tax prepayment agreement shall
provide for the prepayment to the local government or the local board
of education, or both, of not more than two times the estimated ad
valorem tax, school tax, or both, which will be due for (1) the year in
which the development is anticipated to be completed, or (2) its first
year of commercial use, or (3) its first year of productive use. The
amount of taxes thus prepaid, without interest, shall be subsequently
credited by the local government or local board of education, or both,
against taxes due following an assessment of the development prop-
erty by the county tax assessor or the State Department of Revenue,
as appropriate, in five equal annual installments beginning not earlier
than the year described above for which the tax prepayment amount
was calculated. In no event may the sum of credits exceed the amount
of prepayment made.
GEORGIA LAWS 1982 SESSION
2385
(d) A local government may adopt by resolution of its governing
authority or a local board of education may adopt by resolution a
public improvement program to be included as part of tax prepay-
ment agreements. Prepayment proceeds may be used for any public
purpose except that the local government, local board of education, or
both, may adopt a program of public improvements which is reason-
ably related to the anticipated increased demand for public services
resulting from the development for which prepayment of taxes is
made, to be funded in whole or in part by prepayment proceeds. The
local government, local board of education, or both, may, by adoption
of such program, provide that such funds shall be maintained in
separate accounts and not be expended except for projects included
in such program of public improvements.
(e) Notwithstanding any other provision of law, no tax prepay-
ment shall create a debt of the local government or school district. To
the extent that annual credits for prepaid taxes may exceed taxes due
in any particular year pursuant to annual assessments of develop-
ment property, the excess annual credit otherwise due that year shall
be forfeited and in no event shall the developer or any other person be
allowed to claim a refund of any part of a prepayment.
(f) The determination by any local governments governing
authority, by any local board of education, or both, as to the necessity
for the public improvements to be funded by prepayments under a
program established by a tax prepayment agreement shall be final
and not subject to review.
(g) Nothing contained herein shall be construed to require a
local government, a local board of education, or any developer to
enter into a tax prepayment agreement.
(h) Notwithstanding the fact that tax prepayments made in
accordance with this Section do not create a debt of any local
government or school district, the validity of any such tax prepay-
ment and the related tax prepayment agreement or agreements may
be determined by application of the validation procedure set forth in
Sections 10 through 18 of the Revenue Bond Law (Ga. L. 1937, p.
761), as amended. However, the petition filed in such validation
proceeding pursuant to Section 11 of the Revenue Bond Law shall be
amended as appropriate to reflect that no bonds are being issued and
no debt is being incurred, and the relevant tax prepayment agreement
and program of public improvements shall be Hied as an exhibit to the
petition.
2386
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 2
Section 2. Article 1 of Chapter 5 of Title 48 of the Official Code
of Georgia Annotated, relating to ad valorem taxation in general, is
amended by adding a new Code Section 48-5-30 to read as follows:
48-5-30. (a) Notwithstanding any provision of law to the con-
trary, and subject to the conditions specified in this Code section, any
developer may enter into an agreement with any local government or
local board of education, or both, for the prepayment of ad valorem
taxes or school taxes or both. Any such agreement may include
programs of public improvements adopted by the local government or
the local board of education, or any combination thereof, and shall be
a lawful and binding contract enforceable by and against the local
government, local board of education, developer, and the beneficial
owners of any development property assessed for taxation which is
the subject of a tax prepayment agreement.
(b) As used in this Code section, the term:
(1) Developer means a person constructing a development.
(2) Development or development property means a major
industrial project which will employ at least 200 persons during
construction or operation of the project.
(3) Local board of education means the county or area
board of education, or in the case of an independent school district
the board of education or other body, having authority over and
responsibility for a school district.
(4) Local government means any county or any municipal
corporation which has the authority to collect ad valorem taxes.
(5) Program of public improvement includes any or all
projects for which a local government or local board of education is
authorized by any provision of law to impose or recommend the
imposition of taxes and shall include programs of school construc-
tion or expenditures for other educational purposes for which a
local board of education is authorized by any provision of law to
impose taxes.
GEORGIA LAWS 1982 SESSION
2387
(6) School district means any area, county, independent,
or local school district within which all or any part of any develop-
ment is located.
(7) School tax includes any tax authorized by any provi-
sion of law to be assessed by a local government or by a local board
of education for educational purposes, including but not limited to
the construction of schools and the repayment of bonds issued for
such purposes.
(c) Each tax prepayment agreement shall become effective upon
its adoption by resolution of the governing body of the local govern-
ment or by resolution of the local board of education, or both, as the
case may be, agreement by the developer, and the subsequent prepay-
ment of taxes by the developer. Such tax prepayment agreement shall
provide for the prepayment to the local government or the local board
of education, or both, of not more than two times the estimated ad
valorem tax, school tax, or both, which will be due for (1) the year in
which the development is anticipated to be completed, or (2) its first
year of commercial use, or (3) its first year of productive use. The
amount of taxes thus prepaid, without interest, shall be subsequently
credited by the local government or local board of education, or both,
against taxes due following an assessment of the development prop-
erty by the county tax assessor or the Department of Revenue, as
appropriate, in five equal annual installments beginning not earlier
than the year described above for which the tax prepayment amount
was calculated. In no event may the sum of credits exceed the amount
of prepayment made.
(d) A local government may adopt by resolution of its governing
authority or a local board of education may adopt by resolution a
public improvement program to be included as part of tax prepay-
ment agreements. Prepayment proceeds may be used for any public
purpose except that the local government, local board of education, or
both, may adopt a program of public improvements which is reason-
ably related to the anticipated increased demand for public services
resulting from the development for which prepayment of taxes is
made, to be funded in whole or in part by prepayment proceeds. The
local government, local board of education, or both, may, by adoption
of such program, provide that such funds shall be maintained in
separate accounts and not be expended except for projects included
in such program of public improvements.
2388
GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) Notwithstanding any other provision of law, no tax prepay-
ment shall create a debt of the local government or school district. To
the extent that annual credits for prepaid taxes may exceed taxes due
in any particular year pursuant to annual assessments of develop-
ment property, the excess annual credit otherwise due that year shall
be forfeited and in no event shall the developer or any other person be
allowed to claim a refund of any part of a prepayment.
(f) The determination by any local governments governing
authority, by any local board of education, or both as to the necessity
for the public improvements to be funded by prepayments under a
program established by a tax prepayment agreement shall be final
and not subject to review.
(g) Nothing contained herein shall be construed to require a
local government, a local board of education, or any developer to
enter into a tax prepayment agreement.
(h) Notwithstanding the fact that tax prepayments made in
accordance with this Code section do not create a debt of any local
government or school district, the validity of any such tax prepay-
ment and the related tax prepayment agreement or agreements may
be determined by application of the validation procedure set forth in
Article 2 of Chapter 36-82. However, the petition filed in such
validation proceeding pursuant to Code Section 36-82-21 shall be
amended as appropriate to reflect that no bonds are being issued and
no debt is being incurred, and the relevant tax prepayment agreement
and program of public improvements shall be filed as an exhibit to the
petition.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
2389
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
SOUTHEAST INTERSTATE LOW-LEVEL
RADIOACTIVE WASTE MANAGEMENT COMPACT.
Code Title 12, Chapter 8 Amended.
No. 1559 (House Bill No. 1391).
AN ACT
To amend Chapter 8 of Title 12 of the Official Code of Georgia
Annotated, relating to waste management, so as to enact into law the
Southeast Interstate Low-Level Radioactive Waste Management
Compact; to provide that the State of Georgia shall enter into and
become a party to said compact; to set forth the provisions of the
compact; to provide that the members of the Southeast Interstate
Low-Level Radioactive Waste Commission from the State of Georgia
and their alternates shall be appointed by the Governor; to provide
the procedures connected with the foregoing; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 8 of Title 12 of the Official Code of Georgia
Annotated, relating to waste management, is amended by adding at
the end thereof a new Article 5 to read as follows:
ARTICLE 5
12-8-120. This article may be cited as the Southeast Interstate
Low-Level Radioactive Waste Management Compact.
2390
GENERAL ACTS AND RESOLUTIONS, VOL. I
12-8-121. The Southeast Interstate Low-Level Radioactive
Waste Management Compact is enacted into law and entered into by
the State of Georgia.
12-8-122. The compact is substantially as follows:
ARTICLE L POLICY AND PURPOSE
There is hereby created the Southeast Interstate Low-Level
Radioactive Waste Management Compact. The party states recog-
nize and declare that each state is responsible for providing for the
availability of capacity either within or outside the state for the
disposal of low-level radioactive waste generated within its borders,
except for waste generated as a result of defense activities of the
federal government or federal research and development activities.
They also recognize that the management of low-level radioactive
waste is handled most efficiently on a regional basis. The party states
further recognize that the Congress of the United States, by enacting
the Low-Level Radioactive Waste Policy Act (P.L. 96-573), has
provided for and encouraged the development of low-level radioactive
waste compacts as a tool for managing such waste. The party states
recognize that the safe and efficient management of low-level radioac-
tive waste generated within the region requires that sufficient capac-
ity to manage such waste be properly provided.
It is the policy of the party states to: enter into a regional low-level
radioactive waste management compact for the purpose of providing
the instrument and framework for a cooperative effort, provide
sufficient facilities for the proper management of low-level radioac-
tive waste generated in the region, promote the health and safety of
the region, limit the number of facilities required to effectively and
efficiently manage low-level radioactive waste generated in the
region, encourage the reduction of the amounts of low-level waste
generated in the region, distribute the costs, benefits and obligations
of successful low-level radioactive waste management equitably
among the party states, and ensure the ecological and economical
management of low-level radioactive wastes.
Implicit in the Congressional consent to this compact is the
expectation by the Congress and the party states that the appropriate
federal agencies will actively assist the Compact Commission and the
irdividual party states to this compact by:
GEORGIA LAWS 1982 SESSION
2391
1. expeditious enforcement of federal rules, regulations and
laws; and
2. imposing sanctions against those found to be in violation
of federal rules, regulations and laws; and
3. timely inspection of their licensees to determine their
capability to adhere to such rules, regulations and laws; and
4. timely provision of technical assistance to this compact in
carrying out their obligations under the Low-Level Radioactive
Waste Policy Act as amended.
ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires a
different construction:
a. low-level radioactive waste or waste means radioactive
waste not classified as high-level radioactive waste, transuranic waste,
spent nuclear fuel or by-product material as defined in Section
lle.(2) of the Atomic Energy Act of 1954.
b. generator means any person who produces or possesses low-
level radio active waste in the course of or as an incident to manufac-
turing, power generation, processing, medical diagnosis and treat-
ment, research, or other industrial or commercial activity. This does
not include persons who provide a service to generators by arranging
for the collection, transportation, storage or disposal of wastes with
respect to such waste generated outside the region.
c. host state means any state in which a regional facility is
situated or is being developed.
d. person means any individual, corporation, business enter-
prise or other legal entity (either public or private).
e. facility means a parcel of land, together with the structures,
equipment and improvements thereon or appurtenant thereto, which
is used or is being developed for the treatment, storage or disposal of
low-level radioactive waste.
2392
GENERAL ACTS AND RESOLUTIONS, VOL. I
f. regional facility means a facility as defined in this section
which has been designated, authorized, accepted or approved by the
Commission to receive waste.
g. state means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or
any other territorial possession of the United States.
h. party state means any state which is a signatory party to
this compact.
i. region means the collective party states.
j. waste management means the storage, treatment or disposal
of waste.
k. high-level waste means irradiated reactor fuel, liquid
wastes from reprocessing irradiated reactor fuel and solids into which
such liquid wastes have been converted.
l. transuranic wastes means waste material containing trans-
uranic elements with contamination levels greater than 10 nanocuries
per gram of waste.
m. Commission means the Southeast Interstate Low-Level
Radioactive Waste Commission.
ARTICLE III. RIGHTS AND OBLIGATIONS
The rights granted to the party states by this Compact are
additional to the rights enjoyed by sovereign states, and nothing in
this Compact shall be construed to infringe upon, limit or abridge
those rights.
a. Each party state shall have the right to have all wastes
generated within its borders managed at regional facilities, and
additionally shall have the right of access to facilities made available
to the region through agreements entered into by the Commission
pursuant to Article IV(e)(9). The right of access by a generator within
a party state to any regional facility is limited by its adherence to
applicable state and federal law and regulation.
GEORGIA LAWS 1982 SESSION
2393
b. If no regional facility is located within the borders of a party
state and that waste generated within its borders must therefore be
managed at a regional facility in another state, the party state without
such facilities may be required by the host state(s) to provide com-
pensation for such right of access according to terms and conditions
established by the host state(s) and approved by a two-thirds vote of
the commission.
c. Each party state shall establish the capability to regulate,
license and ensure the maintenance and extended care of any facility
within its borders. Host states are responsible for the continued
availability, the subsequent post closure observation and mainte-
nance, and the extended institutional control of their regional facili-
ties.
d. Each party state shall establish the capability to enforce any
applicable federal or state laws and regulations pertaining to the
packaging and transportation of waste generated within or passing
through its borders.
e. Each party state shall provide to the Commission on an
annual basis, any date and information necessary to the implementa-
tion of the Commissions responsibilities. Each party state shall
establish the capability to obtain any data and information necessary
to meet its obligation herein defined.
f. Each party state shall, to the extent authorized by federal law,
require generators within its borders to use the best available waste
management technologies and practices to minimize the volumes of
wastes requiring disposal.
ARTICLE IV. THE COMMISSION
a. There is hereby created the Southeast Interstate Low-Level
Radioactive Waste Commission, hereinafter referred to as the Com-
mission. The Commission shall consist of two voting members from
each party state to be appointed according to the laws of each state.
The appointing authorities of each state shall notify the Commission
in writing of the identity of its members and any alternates. An
alternate may act on behalf of the member only in his absence.
b. Each commission member shall be entitled to one vote. No
action of the Commission shall be binding unless a majority of the
total membership cast their vote in the affirmative.
2394
GENERAL ACTS AND RESOLUTIONS, VOL. I
c. The Commission shall elect from among its members a presid-
ing officer. The Commission shall adopt and publish, in convenient
form, by-laws which are not inconsistent with this compact.
d. The Commission shall meet at least once a year and shall also
meet upon the call of the presiding officer, by petition of a majority of
the party states, or upon the call of a host state. All meetings of the
Commission shall be open to the public.
e. The Commission shall have the following duties and powers:
1. to receive and approve the application of a non-party
state to become an eligible state in accordance with Article VII(b);
and,
2. to receive and approve the application of an eligible state
to become a party state in accordance with Article VII(c); and
3. to submit an annual report and other communications to
the governors and to the presiding officer of each body of the
legislature of the party states regarding the activities of the
Commission; and
4. to develop and use procedures for determining, consistent
with considerations for public health and safety, the type and
number of regional facilities which are presently necessary and
which are projected to be necessary to manage waste generated
within the region; and
5. to provide the party states with reference guidelines for
establishing the criteria and procedures for evaluating alternative
locations for emergency or permanent regional facilities; and
6. to develop and adopt procedures and criteria for identify-
ing a party state as a host state for a regional facility as determined
pursuant to the requirements of this Article.
In developing criteria, the Commission shall consider the
following: the health, safety, and welfare of the citizens of the
party states; the existence of regional facilities within each party
state; the minimization of waste transportation; the volumes and
types of wastes generated within each party state; and the envi-
ronmental, economic, and ecological impacts on the air, land and
water resources of the party states.
GEORGIA LAWS 1982 SESSION
2395
The Commission shall conduct such hearings; require such
reports, studies, evidence and testimony; and do what is required
by its approved procedures in order to identify a party state as a
host state for a needed regional facility; and
7. in accordance with the procedures and criteria developed
pursuant to Section (e)(6) of this Article, to designate, by a two-
thirds vote, a host state for the establishment of a needed regional
facility. The Commission shall not exercise this authority unless
the party states have failed to voluntarily pursue the development
of such facility. The Commission shall have the authority to
revoke the membership of a party state that willfully creates
barriers to the siting of a needed regional facility; and
8. to require of and obtain from party states, eligible states
seeking to become party states, and non-party states seeking to
become eligible states, data and information necessary to the
implementation of Commission responsibilities; and
9. notwithstanding any other provision of this compact, to
enter into agreements with any person, state, or similar regional
body or group of states for the importation of waste into the region
and for the right of access to facilities outside the region for waste
generated within the region. Such authorization to import
requires a two-thirds majority vote of the Commission, including
an affirmative vote of both representatives of the host state in
which any affected regional facility is located. This shall be done
only after an assessment of the affected facilities capability to
handle such wastes; and
10. to appear on behalf of the party states, individually or
collectively, as an intervenor or party in interest before any court
of law, federal, state or local agency, board or commission that has
jurisdiction over the management of wastes. Such authority to
intervene or otherwise appear shall be exercised only after a
majority vote of the Commission. In order to represent its views,
the Commission may arrange for any expert testimony, reports,
evidence or other participation as it deems necessary; and
11. to revoke the membership of a party state in accordance
with Article VII(f); and
2396
GENERAL ACTS AND RESOLUTIONS, VOL. I
12. to act on behalf of the party states as provided for in this
compact.
f. The Commission may establish such advisory committees as it
deems necessary for the purpose of advising the Commission on any
and all matters pertaining to the management of low-level radioactive
waste.
g. The Commission may appoint or contract for and compensate
such limited staff necessary to carry out its duties and functions. The
staff shall serve at the Commissions pleasure irrespective of the civil
service, personnel or other merit laws of any of the party states or the
federal government and shall be compensated from funds of the
Commission. In selecting any staff, the Commission shall assure that
the staff has adequate experience and formed training to carry out
such functions as may be assigned to it by the Commission. If the
Commission has a headquarters it shall be in a party state.
h. Funding for the Commission shall be provided as follows:
1. each eligible state, upon becoming a party state, shall pay
$25,000 to the Commission which shall be used for costs of the
Commissions services.
2. each state hosting a regional disposal facility shall annu-
ally levy special fees or surcharges on all users of such facility,
based upon the volume of wastes disposed of at such facilities, the
total of which:
(a) shall be sufficient to cover the annual budget of the
Commission; and
(b) shall represent the financial commitments of all
party states to the Commission; and
(c) shall be paid to the Commission, provided, however,
that each host state collecting such fees or surcharges may
retain a portion of the collection sufficient to cover its admin-
istrative costs of collection, and that the remainder be suffi-
cient only to cover the approved annual budgets of the
Commission.
GEORGIA LAWS 1982 SESSION
2397
3. The Commission shall set and approve its first annual
budget as soon as practicable after its initial meeting. Host states
for disposal facilities shall begin imposition of the special fees and
surcharges provided for in this section as soon as practicable after
becoming party states, and shall remit to the Commission funds
resulting from collection of such special fees and surcharges within
60 days of their receipt.
i. The Commission shall keep accurate accounts of all receipts
and disbursements. An independent certified public accountant shall
annually audit all receipts and disbursements of Commission funds,
and submit an audit report to the Commission. Such audit report
shall be made a part of the annual report of the Commission required
by Article IV(e) (3).
j. The Commission may accept for any of its purposes and
functions any and all donations, grants of money, equipment, sup-
plies, materials and services (conditional or otherwise) from any state
or the United States or any subdivision or agency thereof, or inter-
state agency, or from any institution, person, firm or corporation, and
may receive, utilize and dispose of the same. The nature, amount and
condition, if any, attendant upon any donation or grant accepted
pursuant to this paragraph together with the identity of the donor,
grantor or lender, shall be detailed in the annual report of the
Commission.
k. The Commission shall not be responsible for any costs associ-
ated with (1) the creation of any facility, (2) the operation of any
facility, (3) the stabilization and closure of any facility, (4) the post-
closure observation, and maintenance of any facility, or (5) the
extended institutional control, after post-closure observation and
maintenance of any facility.
l. As of January p 1986 the management of wastes at regional
facilities is restricted to wastes generated within the region, and to
wastes generated within non-party states when authorized by the
Commission pursuant to Article IV(e)(9).
m. Except or otherwise provided herein, nothing in this compact
shall be construed to alter the incidence of liability of any kind for any
act, omission, course of conduct, or on account of any casual or other
relationships. Generators, transporters of wastes, owners and opera-
tors of sites shall be liable for their acts, omissions, conduct, or
relationships in accordance with all laws relating thereto.
2398
GENERAL ACTS AND RESOLUTIONS, VOL. I
The Commission herein established is a legal entity separate and
distinct from the party states and shall be so liable for its actions.
Liabilities of the Commission shall not be deemed liabilities of the
party states. Members of the Commission shall not be personally
liable for actions taken by them in their official capacity.
ARTICLE V. DEVELOPMENT AND OPERATION OF
FACILITIES
a. Any party state which is the host state for a regional facility
shall not be designated by the Compact Commission as a host state
for an additional regional facility.
b. A host state desiring to close a regional facility located within
its borders may do so only after notifying the Commission in writing
of its intention to do so and the reasons therefore. Such notification
shall be given to the Commission at least four years prior to the
intended date of closure. A host state is not prevented from closing its
facility for the health and safety of citizens.
c. Each party state designated as a host for a regional facility
shall take appropriate steps to ensure that an application for a license
to construct and operate a facility of the designated type is filed with
and issued by the appropriate authority.
d. No party state shall have any form of arbitrary prohibition on
the treatment, storage or disposal of low-level radioactive waste
within its borders.
ARTICLE VI. OTHER LAWS AND REGULATIONS
a. Nothing in this compact shall be construed to:
1. abrogate or limit the applicability of any act of Congress
or diminish or otherwise impair the jurisdiction of any federal
agency expressly conferred thereon by the Congress;
2. make inapplicable to any person or circumstance any
other law of a party state which is not inconsistent with this
compact;
3. make unlawful the continued development and operation
of any facility already licensed for development or operation on
GEORGIA LAWS 1982 SESSION
2399
the date this compact becomes effective, except that any such
facility shall comply with Article III, Article IV and Article V and
shall be subject to any action lawfully taken pursuant thereto;
4. prohibit any storage or treatment of waste by the genera-
tor on its own premises;
5. affect any judicial proceeding pending on the effective
date of this compact;
6. alter the relations between, and the respective internal
responsibilities of, the government of a party state and its subdivi-
sions; and
7. affect the generation, treatment, storage or disposal of
waste generated by the atomic energy defense activities of the
Secretary of the U. S. Department of Energy or Federal research
and development activities as defined in P. L. 96-573;
8. affect the rights and powers of any party state and its
political subdivisions to regulate and license any facility within its
borders or to affect the rights and powers of any party state and its
political subdivisions to tax or impose fees on the waste managed
at any facility within its borders.
b. No party state shall pass any law or adopt any regulation
which is inconsistent with this compact, without jeopardizing its
membership status.
c. No law or regulation of a party state or of any subdivision or
instrumentality thereof may be applied so as to restrict or make more
inconvenient access to any regional facility by the generators of
another party state than for the generators of the state where the
facility is situated.
d. Restrictions of waste management of regional facilities pursu-
ant to Article IV (L.) shall be enforceable as a matter of state law.
2400
GENERAL ACTS AND RESOLUTIONS, VOL. I
ARTICLE VII. ELIGIBLE PARTIES, WITHDRAWAL,
REVOCATION,
ENTRY INTO FORCE, TERMINATION
a. This compact shall have as initially eligible parties the States
of Alabama, Florida, Georgia, Mississippi, North Carolina, South
Carolina and Tennessee.
b. Any state not expressly declared eligible to become a party
state to this compact in section (a) of this article may petition the
Commission, once constituted, to be declared eligible. The Commis-
sion may establish such conditions as it deems necessary and appro-
priate to be met by a state wishing to become eligible to become a
party state to this compact pursuant to the provisions of this section.
Upon satisfactorily meeting such conditions and upon the affirmative
vote of two-thirds of the Commission, including the affirmative vote
of both representatives of the host states in which any affected
regional facility is located, the petitioning state shall be eligible to
become a party state to this compact and may become a party state in
the same manner as those states declared eligible in section (a) of this
article.
c. Each state eligible to become a party state to this compact
shall be declared a party state upon enactment of this compact into
law by the state and upon payment of the fees required by Article
IV(h)(l). The Commission shall be the sole judge of the qualifications
of the party states and of its members and of their compliance with
the conditions and requirements of this compact and the laws of the
party states relating to the enactment of this compact.
d. 1. The first three states eligible to become party states to
this compact which enact this compact into law and appropriate
the fees required by Article IV(h)(l) shall immediately, upon the
appointment of their Commission members, constitute them-
selves as the Southeast Low-Level Radioactive Waste Commis-
sion, shall cause legislation to be introduced in the Congress which
grants the consent of the Congress to this compact, and shall do
those things necessary to organize the Commission and implement
the provisions of this compact.
2. All succeeding states eligible to become party states to
this compact shall be declared party states pursuant to the
provisions of section c of this article.
GEORGIA LAWS 1982 SESSION
2401
3. The consent of the Congress shall be required for full
implementation of this compact. The Congress may by law
withdraw its consent only every five years.
e. No state which holds membership in any other regional com-
pact for the management of low-level radioactive waste may be
considered by the Compact Commission for eligible state status or
party state status.
f. Any party state which fails to comply with the provisions of
this compact or to fulfill the obligations incurred by becoming a party
state to this compact may be subject to sanctions by the Commission,
including suspension of its rights under this compact, and revocation
of its status as a party state. Any sanction shall be imposed only upon
the affirmative vote of at least two-thirds of the Commission mem-
bers. Revocation of party state status shall take effect one year from
the date of the meeting at which the Commission approves the
resolution imposing such sanction. Rights and obligations incurred
by being declared a party state to this compact shall continue until
the effective date of the sanction imposed or as provided in the
resolution of the Commission imposing the sanction.
The Commission shall, as soon as practicable after the meeting at
which a resolution revoking status as a party state is approved,
provide written notice of the action along with a copy of the resolution
to the governors, the presidents of the senates, and the speakers of the
house of representatives of the party states, as well as chairmen of the
appropriate committees of the Congress.
g. Any party state may withdraw from this compact by enacting
a law repealing the compact, provided that if a regional facility is
located within such state, such regional facility shall remain available
to the region for four years after the date the Commission receives
notification in writing from the governor of such party state of the
rescission of the compact. The Commission, upon receipt of the
notification, shall, as soon as practicable, provide copies of such
notification to the governors, the presidents of the senates, and the
speakers of the houses of representatives of the party states, as well as
the chairmen of the appropriate committees of the Congress.
h. This compact may be terminated only by the affirmative
action of the Congress or by the rescission of all laws enacting the
compact in each party states.
2402
GENERAL ACTS AND RESOLUTIONS, VOL. I
ARTICLE VIII. SEVERABILITY AND CONSTRUCTION
The provisions of this compact shall be severable and if any
phrase, clause, sentence or provision of this compact is declared to be
contrary to the Constitution of any participating state or of the
United States or the applicability thereof to any government, agency,
person or circumstance is held invalid, the validity of the remainder
of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If any
provision of this compact shall be held contrary to the Constitution of
any state participating therein, the compact shall remain in full force
and effect as to the state affected as to all severable matters. The
provisions of this compact shall be liberally construed to give effect to
the purposes thereof.
ARTICLE IX. PENALTIES
a. Each party state, consistently with its own law, shall prescribe
and enforce penalties against any person not an official of another
state for violation of any provision of this compact.
b. Each party state acknowledges that the receipt by a host state
of waste packaged or transported in violation of applicable laws and
regulations can result in imposition of sanctions by the host state
which may include suspension or revocation of the violators right of
access to the facility in the host state.
12-8-123. The members of the commission from the State of
Georgia and their alternates shall be appointed by the Governor to
serve as members of the commission and alternates at the pleasure of
the Governor.
Section 2. This Act shall become effective on November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
GEORGIA LAWS 1982 SESSION
2403
CONTROL OF DANGEROUS DRUGS, ETC.
Code Title 79A Amended.
Code Sections 16-13-21, 16-13-25, 16-13-26,
16-13-27, 16-13-28, 16-13-71, 16-13-74,
26-4-101, 26-4-112 Amended.
No. 1560 (House Bill No. 1435).
AN ACT
To amend Code Title 79A, relating to the manufacture, produc-
tion, distribution, and use of drugs, medicines, poisons, and other
articles and devices used in the treatment of illness and providing for
the supervision and control of the individuals concerned with the
same, through the regulation of pharmacists, pharmacy, and drugs, so
as to amend the list of dangerous drugs; to amend the exemptions
from the list of dangerous drugs; to amend the list of controlled
substances; to amend certain definitions; to amend certain proce-
dures pertaining to prescriptions; to allow the Georgia State Board of
Pharmacy, in its discretion, to license certain applicants; to amend
certain disciplinary provisions relating to licensed pharmacies; to
amend the Official Code of Georgia Annotated accordingly; as well as
to recognize certain abuses and medical uses of Schedule I substances;
to provide for effective dates and automatic repeal; to provide for
severability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Title 79A, relating to the manufacture, produc-
tion, distribution, and use of drugs, medicines, poisons, and other
articles and devices used in the treatment of illness and providing for
the supervision and control of the individuals concerned with the
same, through the regulation of pharmacists, pharmacy, and drugs, is
amended by striking subsection (c) of Code Section 79A-502 and
inserting in its place a new subsection (c) to read as follows:
(c) Have never been convicted of any felony or crime involving
moral turpitude or of violating any other law of the United States,
this State, or any other State, pertaining to the manufacturing,
distribution, sales, or dispensing of drugs or narcotics, or have never
2404
GENERAL ACTS AND RESOLUTIONS, VOL. I
entered a nolo contendere plea to such charges, or have never been
found to have violated any rule or regulation of the State Board of
Pharmacy; provided, however, that, if the applicant has been con-
victed of such crime or has entered a plea of nolo contendere or has
been granted first offender treatment or has been found to have
violated a rule of the board, the board may inquire into the nature of
the crime or violation, the date of conviction or plea or violation, and
other underlying facts and circumstances surrounding such proceed-
ings and, in its discretion, may grant a license to such applicant;.
Section 2. Said Code title is further amended by striking Code
Section 79A-513 and inserting in its place a new Code Section 79A-
513, to read as follows:
79A-513. The State Board of Pharmacy shall have the power to
suspend or revoke any license issued under this Chapter, including
the power to probate such suspension or revocation, or to reprimand
or fine the holder of any license under this Chapter, which fine may
not exceed $1,500.00 for each offense, or to impose any combination of
such disciplinary actions when the license holder, or the license
holders agent, servant, or employee who is acting within the scope of
his employment, shall:
(a) Have failed to comply with any provision of this Chapter or
any laws of this State or of the United States, or any other state
having to do with the control of pharmacists, pharmacies, or drugs.
(b) Have failed to comply with any rules and regulations pro-
mulgated by the State Board of Pharmacy.
(c) Have failed to maintain a pharmacy in the manner pre-
scribed by this Chapter.
(d) Have failed to keep a complete and accurate record of all
controlled substances on hand, received, manufactured, sold, dis-
pensed, or otherwise disposed of.
Section 3. Said Code title is further amended by striking from
subsection (b) of Code Section 79A-702 the first clause, which reads
as follows:
(b) Any other drug approved by the General Assembly to be a
dangerous drug; to include any of the following drugs, chemicals, or
GEORGIA LAWS 1982 SESSION
2405
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:,
and inserting in its place a new clause to read as follows:
(b) Any other drug or substance declared 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 pharma-
cological action, and their salts, isomers, esters, ethers, and all com-
pounds thereof unless specifically exempted; and the following
devices are herein identified as Dangerous Drugs:.
Section 4. Said Code title is further amended by adding in
subsection (b) of Code Section 79A-702, in the listing of dangerous
drugs and between the words Antivenin and Arginine, L-, the
following:
Apomorphine.
Section 4.1. Said Code title is further amended by striking from
subsection (b) of Code Section 79A-702, in the listing of dangerous
drugs and between the words Cyclandelate and Cyclobenzaprine,
the following:
Cyclizine.
Section 5. Said Code title is further amended by adding in
subsection (b) of Code Section 79A-702, in the listing of dangerous
drugs and between the words Flumethasone and Fluocinonide
the following:
Flunisolide.
Section 6. Said Code title is further amended by striking from
subsection (b) of Code Section 79A-702, in the listing of dangerous
drugs, the following:
Strychnine,
2406
GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in its place the following:
Strychnine - See Exceptions.
Section 7. Said Code title is further amended by adding in
subsection (b) of Code Section 79A-702, in the listing of dangerous
drugs and between the words Wargarin and Yellow Fever Vac-
cine, the following:
Xylocaine.
Section 7.1. Said Code title is further amended by striking from
subsection (b) of Code Section 79A-702, in the listing of exceptions
and exemptions, the following:
Pseudoephedrine where the dosage unit is not more than
30 mg. or when in combination with another medically active
ingredient and the dosage unit is not more than 60 mg. or not more
than 120 mg. when manufactured to release the drug in delayed
action slow time release.,
and inserting in its place the following:
Pseudoephedrine where the dosage unit is not more than
60 mg. or, when manufactured to release the drug in delayed
action slow time release, where the dosage unit is not more than
120 mg..
Section 8. Said Code title is further amended by adding in
subsection (b) of Code Section 79A-702, in the listing of exceptions
and exemptions and immediately after the following:
Selenium Sulfide Suspension 1 % or less in strength.,
the following:
Strychnine - when used in combination with other active ingredi-
ents in a rodent killer, and when not bearing a label containing the
words CAUTION: Federal Law Prohibits Dispensing Without Pre-
scription or other similar wording.
Section 9. Said Code title is further amended by striking Code
Section 79A-706, which reads as follows:
GEORGIA LAWS 1982 SESSION
2407
79A-706. Any practitioner prescribing any dangerous drugs
shall, in each case, give the name and address of the patient, together
with complete directions for administration. Any practitioner when
dispensing dangerous drugs shall be required to comply with the
provision of Section 79A-705.,
and inserting in its place a new Code Section 79A-706 to read as
follows:
79A-706. All written prescriptions for dangerous drugs shall be
dated as of, and be signed on, the date when issued and shall bear the
full name and address of the patient, together with complete direc-
tions for administration, and the number of permitted refills. A
practitioner may sign a prescription as he would sign a check or a legal
document. The prescription shall be written with indelible pencil or
indelible ink or typewritten and shall be manually signed by the
practitioner. The prescription may be prepared by a secretary or
other agent, for the signature of the practitioner, but the prescribing
practitioner shall be responsible if the prescription does not conform
in all essential respects to state and federal laws and regulations. Any
practitioner who shall dispense dangerous drugs shall comply with
the provisions of Section 79A-705.
Section 10. Said Code title is further amended by striking
subsection (o) of Code Section 79A-802, relating to definitions con-
cerning controlled substances, and inserting in its place a new subsec-
tion (o) to read as follows:
(o) Marijuana means all parts of the plant of the genus
Cannabis, whether growing or not, the seeds thereof; the resin
extracted from any part of such plant, and every compound, manufac-
turer, salt, derivative, mixture, or preparation of such plant, its seeds,
or resin; but shall not include samples as described in Section 79A-
806(d)(16) and shall not include the completely defoliated mature
stalks of such plant, fiber produced from such stalks, oil, or cake, or
the completely sterilized samples of seeds of the plant which are
incapable of germination.
Section 11. Said Code title is further amended by striking the
period at the end of subsection (d) of Code Section 79A-806, relating
to Schedule I controlled substances, and inserting in its place a
semicolon, and by adding at the end thereof a new subsection (e) to
read as follows:
2408
GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which
contains any of the following substances, included as having a stimu-
lant effect on the central nervous system, including its salts, isomers,
and salts of isomers, whenever the existence of such salts, isomers,
and salts of isomers is possible within the specific chemical designa-
tion:
(1) Fenethylline.
Section 12. Said Code title is further amended by striking
subparagraph (vii) of paragraph (1) of subsection (b) of Code Section
79A-807, relating to Schedule II controlled substances, which reads as
follows:
(vii) Apomorphine,
and by renumbering each subsequent subparagraph, so that when so
amended said subsection (b) shall read as follows:
(b) Any of the following substances, or salt thereof, except
those narcotic drugs specifically exempted or listed in other sched-
ules, whether produced directly or indirectly by extraction from
substances of vegetable origin, or independently by extraction from
substances of vegetable origin, or independently by means of chemi-
cal synthesis, or by combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative,
or preparation of opium or opiate, excluding naloxone hydro-
chloride, but including the following:
(i) Raw opium
(ii) Opium extracts
(iii) Opium fluid extracts
(iv) Powdered opium
(v) Granulated opium
(vi) Tincture of opium
GEORGIA LAWS 1982 SESSION
2409
(vii) Codeine
(viii) Ethylmorphine
(ix) Hydrocodone
(x) Hydromorphone
(xi) Metopon
(xii) Morphine
(xiii) Oxycodone
(xiv) Osymorphone
(xv) Thebaine.
Section 13. Said Code title is further amended by striking
subparagraph (5) of subsection (b) of Code Section 79A-808, relating
to Schedule III controlled substances, which reads as follows:
(5) Mazindol;,
and by renumbering each subsequent paragraph in sequence, so that
when so amended said subsection (b) shall read as follows:
(b) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances, included as
having a stimulant effect on the central nervous system, including its
salts, isomers (whether optical, position, or geometric), and salts of
such isomers whenever the existence of such salts, isomers and salts of
isomers is possible within the specific chemical designation:
(1) Those compounds, mixtures or preparations in dosage
unit forms containing any stimulant substances which are listed as
excepted compounds by the Board of Pharmacy pursuant to this
Chapter, and any other drug of quantitative composition so
excepted, or which is the same except that it contains a lesser
quantity of controlled substances.
2410
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Phendimetrazine.
Section 14. Said Code title is further amended by striking
subsection (b) of Code Section 79A-809, relating to Schedule IV
controlled substances, and inserting in its place a new subsection (b)
to 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) Alprazolam;
(2) Barbital;
(3) Chloral betaine;
(4) Chloral hydrate;
(5) Chlordiazepoxide: but not
including Librax (Chlordiazepoxide Hydrochloride
and Clidinium Bromide) or Menrium
(Chlordiazepoxide and water soluble
esterified estrogens);
(6) Clonazepam;
(7) Clorazepate;
(8) Desmethyldiazepam;
(9) Dextropropoxyphene;
(10) Diazepam;
(11) Diethylpropion;
(12) Ethchlorvynol;
(13) Ethinamate;
(14) Fenfluramine;
(15) Flurazepam;
(16) Halazepam;
(17) Lorazepam;
(18) Mazindol;
(19) Mebutamate;
GEORGIA LAWS 1982 SESSION
2411
(20) Meprobamate;
(21) Methohexital;
(22) Methylphenobarbital;
(23) Oxazepam;
(24) Paraldehyde;
(25) Pemoline;
(26) Pentazocine;
(27) Petrichloral;
(28) Phenobarbital;
(29) Phentermine;
(30) Prazepam;
(31) Temazepam.
Part 2
Section 15. Title 16 of the Official Code of Georgia Annotated,
relating to crimes and offenses, is amended by striking paragraph (16)
of Code Section 16-13-21, relating to definitions in connection with
controlled substances, and inserting in its place a new paragraph (16)
to read as follows:
(16) Marijuana means all parts of the plant of the genus
Cannabis, whether growing or not, the seeds thereof, the resin
extracted from any part of such plant, and every compound, manufac-
ture, salt, derivative, mixture, or preparation of such plant, its seeds,
or resin; but shall not include samples as described in subparagraph
(3)(P) of Code Section 16-13-25 and shall include the completely
defoliated mature stalks of such plant, fiber produced from such
stalks, oil, or cake, or the completely sterilized samples of seeds of the
plant which are incapable of germination.
Section 16. Said title is further amended by striking the period
at the end of paragraph (3) of Code Section 16-13-25, relating to
Schedule I controlled substances, and inserting in its place a sem-
icolon, and by adding thereafter new paragraphs (4) and (5) to read as
follows:
(4) Any material, compound, mixture, or preparation which
contains any of the following substances having a stimulant effect on
the central nervous system, including its salts, isomers, 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:
2412
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Fenethylline;
(5) Notwithstanding the fact that Schedule I substances have no
currently accepted medical use, the General Assembly recognizes
certain of these substances which are currently accepted for certain
limited medical uses in treatment in the United States but have a
high potential for abuse. Accordingly, unless specifically excepted or
unless listed in another schedule, any material, compound, mixture,
or preparation which contains any quantity of methaqualone, includ-
ing its salts, isomers, optical isomers, salts or their isomers, and salts
of these optical isomers, is included in Schedule I.
Section 17. Said title is further amended by striking division
(vii) from subparagraph (A) of paragraph (1) of Code Section 16-13-
26, relating to Schedule II controlled substances, which reads as
follows:
(vii) Apomorphine;,
and by redesignating the remaining divisions so that when so
amended subparagraph (A) shall read as follows:
(A) Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate, excluding naloxone hydrochloride,
but including the following:
(i) Raw opium;
(ii) Opium extracts;
(iii) Opium fluid extracts;
(iv) Powdered opium;
(v) Granulated opium;
(vi) Tincture of opium;
(vii) Codeine;
(viii) Ethylmorphine;
GEORGIA LAWS 1982 SESSION
2413
(ix) Hydrocodone;
(x) Hydromorphone;
(xi) Metopon;
(xii) Morphine;
(xiii) Oxycodone;
(xiv) Oxymorphone;
(xv) Thebaine;.
Section 17.1. Said title is further amended by striking para-
graph (4) of Code Section 16-13-26 and inserting in its place a new
paragraph (4) to read as follows:
(4) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which
contains any of the following substances included as having a
depressant effect on the central nervous system, including its
salts, isomers, and salts of isomers whenever the existence of such
salts, isomers, and salts of isomers is possible within the specific
chemical designation:
(A) Amobarbital; (B) Secobarbital;
(C) Pentobarbital.
Section 18. Said title is further amended by striking subpara-
graph (E) of paragraph (1) of Code Section 16-13-27, relating to
Schedule III controlled substances, which reads as follows:
(E) Mazindol;,
and by redesignating the remaining subparagraph, so that when so
amended paragraph (1) shall read as follows:
(1) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances, included as having
a stimulant effect on the central nervous system, including its salts,
isomers (whether optical, position, or geometric), and salts of such
isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
2414
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Those compounds, mixtures, or preparations in dosage
unit forms containing any stimulant substances which are listed as
excepted compounds by the Board of Pharmacy pursuant to this
article, and any other drug of quantitative composition so
excepted or which is the same except that it contains a lesser
quantity of controlled substances;
(B) Benzphetamine;
(C) Chlorphentermine;
(D) Clortermine;
(E) Phendimetrazine;.
Section 19. Said title is further amended by striking subsection
(a) of Code Section 16-13-28, relating to Schedule IV controlled
substances, and inserting in its place a new subsection (a) to read as
follows:
(a) The controlled substances listed in this Code section are
included in Schedule IV. 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) Alprazolam;
(2) Barbital;
(3) Chloral betaine;
(4) Chloral hydrate;
(5) Chlordiazepoxide, but not including librax
(chlordiazepoxide hydrochloride and clidinium bromide) or
menrium (chlordiazepoxide and water soluble esterified estro-
gens);
GEORGIA LAWS 1982 SESSION
2415
(6) Clonazepam;
(7) Clorazepate;
(8) Desmethyldiazepam;
(9) Dextropropoxyphene;
(10) Diazepam;
(11) Diethylpropion;
(12) Ethchlorvynol;
(13) Ethinamate;
(14) Fenfluramine;
(15) Flurazepam;
(16) Halazepam;
(17) Lorazepam;
(18) Mazindol;
(19) Mebutamate;
(20) Meprobamate;
(21) Methohexital;
(22) Methylphenobarbital;
(23) Oxazepam;
(24) Paraldehyde;
(25) Pemoline;
(26) Pentazocine;
(27) Petrichloral;
2416
GENERAL ACTS AND RESOLUTIONS, VOL. I
(28) Phenobarbital;
(29) Phentermine;
(30) Prazepam;
(31) Temazepam.
Section 20. Said title is further amended by striking Code
Section 16-13-71 and inserting in its place a new Code Section 16-13-
71 to read as follows:
16-13-71. (a) A dangerous drug means any drug other than a
drug contained in any schedule of Article 2 of this chapter, which,
under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040
(1938)), 21 USC 301 et seq., as amended, may be dispensed only upon
prescription. In any civil or criminal action or other proceedings, a
certification from the Food and Drug Administration of the United
States Department of Health and Human Services attesting to the
fact that a drug other than a drug contained in any schedule of Article
2 of this chapter involved in the action or proceeding is a dangerous
drug that federal law prohibits dispensing of without a prescription
pursuant to the Federal Food, Drug, and Cosmetic Act shall be
admissible as prima-facie proof that such drug is a dangerous drug.
(b) In addition to subsection (a) of this Code section, a danger-
ous drug means any other drug or substance declared by the General
Assembly to be a dangerous drug; to include any of the following
drugs, chemicals, or substances; salts, isomers, esters, ethers, or
derivatives of such drugs, chemicals, or substances which have essen-
tially the same pharmacological action; all other salts, isomers, esters,
ethers, and compounds of such drugs, chemicals, or substances unless
specifically exempted and the following devices, identified as danger-
ous drugs:
(1) Acecarbromal;
(2) Acenocoumarol;
(3) Acetazolamide;
(4) Acetohexamide;
GEORGIA LAWS 1982 SESSION
2417
(5) Acetophenazine;
(6) Acetosulfone;
(7) Acetyl sulfamethoxypyridazine;
(8) Acetyl sulfisoxazole;
(9) Acetylcarbromal;
(10) Acetylcholine;
(11) Acetylcysteine;
(12) Acetyldigitoxin;
(13) Acrisorcin;
(14) Adenosine 5-monophosphate;
(15) Adenylic acid;
(16) Adiphenine hydrochloride;
(17) Adrenal cortex extracts;
(18) Albumin, normal human serum;
(19) Albutonium;
(20) Alkaverir;
(21) Alkavervir;
(22) Allopurinol;
(23) Alpha amylase;
(24) Alseroxylon;
(25) Aluminum nicotinate;
2418
GENERAL ACTS AND RESOLUTIONS, VOL. I
(26) Alverine;
(27) Amentadine;
(28) Ambenonium chloride;
(29) Ambrosiacae follens;
(30) Amcinonide;
(31) Amikacin;
(32) Aminacrine;
(33) 4-amino-N-methyl-pteroylglutamic acid;
(34) Amino acid preparations for injection or vaginal use;
(35) Aminocaproic acid;
(36) Aminohippurate;
(37) Aminophylline;
(38) Aminosalicylate See exceptions;
(39) Aminosalicylate calcium See exceptions;
(40) Aminosalicylate potassium See exceptions;
(41) Aminosalicylate sodium See exceptions;
(42) Aminosalicylic acid See exceptions;
(43) Amisometradine;
(44) Amitriptyline;
(45) Amodiaquin;
(46) Amoxicillin;
GEORGIA LAWS 1982 SESSION
2419
(47) Amphotericin B;
(48) Ampicillin;
(49) Amyl nitrite;
(50) Amylolytic enzymes;
(51) Androgens;
(52) Angiotensin amide;
(53) Anisindione;
(54) Anisotropine;
(55) Antazoline;
(56) Anterior pituitary hormones;
(57) Anthralin;
(58) Anti-coagulant acid:
(A) Citrate dextrose;
(59) Antigens:
(A) Alternaria tenius;
(B) Aqua ivy;
(C) Ash mix;
(D) Aspergillus fumigatus;
(E) Bacterial, Staphylococcus aureus, Type 1;
(F) Bacterial, Staphylococcus aureus, Type 3;
(G) Bacterial, Undenatured;
2420
GENERAL ACTS AND RESOLUTIONS, VOL. I
(H) Bee;
(I) Beech;
(J) Bermuda grass;
(K) Birch;
(L) California live oak;
(M) Candida albicans;
(N) Careless weed;
(O) Cat epithelia;
(P) Cattle epithelia;
(Q) Coccidioides immitis;
(R) Cottonwood fremont;
(S) Dog epithelia;
(T) Elm mix;
(U) English plantain;
(V) Feather mix;
(W) Gram negative bacterial;
(X) Helminthosporium sativum;
(Y) Hickory;
(Z) Hormodendrum hordei;
(AA) Hornet;
(BB) House dust;
GEORGIA LAWS 1982 SESSION
2421
(CC) House dust mix;
(DD) Insects;
(EE) Intradermal or scratching test;
(FF) Johnson grass;
(GG) Kentucky blue grass;
(HH) Kochia;
(II) Lamb quarters;
(JJ) Maple;
(KK) Mesquite;
(LL) Mixed epidermals;
(MM) Mixed grass, ragweeds (spring-fall);
(NN) Mixed grasses (spring);
(00) Mixed inhalants;
(PP) Mixed molds;
(QQ) Mixed ragweed;
(RR) Mixed ragweedmixed weeds (fall);
(SS) Mixed weeds;
(TT) Molds;
(UU) Mountain cedar;
(VV) Mugwort common;
(WW) National weed mix;
2422
GENERAL ACTS AND RESOLUTIONS, VOL. I
(XX)
(YY)
(ZZ)
(AAA)
(BBB)
(CCC)
(DDD)
(EEE)
(FFF)
(GGG)
(HHH)
(HI)
(JJJ)
(KKK)
(LLL)
(MMM)
(NNN)
(OOO)
(PPP)
(QQQ)
(RRR)
Oak mix;
Olive;
Orchard grass;
Pecan;
Penicillium notatum;
Perennial rye;
Poison oak and poison ivy;
Pollens;
Poplar mix;
Prescription;
Ragweed mix;
Red top grass;
Respiratory bacterial;
Rough pigweed;
Russian thistle;
Sagebrush common;
Scale mix;
Short ragweed;
Simplified allergy screening set;
Skin bacterial;
Southern grass;
GEORGIA LAWS 1982 SESSION
2423
(SSS) Staphylococcal;
(TTT) Stinging insect mix;
(UUU) Stinging insects;
(VW) Sweet vernal;
(WWW) Sycamore;
(XXX) Tall ragweed;
(YYY) Timothy;
(ZZZ) Tree mix;
(AAAA) Trees (early spring);
(BBBB) Walnut;
(CCCC) Wasp;
(DDDD) West ragweed;
(EEEE) West weed mix;
(FFFF) Yellow jacket;
(60) Antihemophilic factor, Human;
(61) Antirabies serum;
(62) Antivenin;
(62.1) Apomorphine;
(63) Arginine, L-;
(64) Arsenic Preparation for human use;
(65) Artegraft;
2424
GENERAL ACTS AND RESOLUTIONS, VOL. I
(66) Atropine See exceptions;
(67) Ascorbate sodium Injection;
(68) Asparaginase;
(69) Aurothioglucose;
(70) Azapetine;
(71) Azatadine maleate;
(72) Azathioprine;
(73) Azo-sulfisoxazole;
(74) Azuresin;
(75) Bacitracin See exceptions;
(76) Baclofen;
(77) Barium See exceptions;
(78) Beclomethasone;
(79) Belladonna;
(80) Belladonna alkaloids;
(81) Belladonna extracts;
(82) Benactyzine;
(83) Bendroflumethiazide;
(84) Benzestrol;
(85) Benzonatate;
(86) Benzoylpas;
GEORGIA LAWS 1982 SESSION
2425
(87) Benzquinamide;
(88) Benzthiazide;
(89) Benztropine;
(90) Benzylpenicilloyl Polylysine;
(91) Bephenium hydroxynaphthoate;
(92) Beta-carotene See exceptions;
(93) Betadine vaginal gel;
(94) Betahistine;
(95) Betamethasone;
(96) Betazole;
(97) Bethanechol;
(98) Bile extract;
(99) Biperiden;
(100) Bisacodyl tannex;
(101) Bishydroxycoumarin;
(102) Bismuth sodium tartrate See exceptions;
(103) Blastomycine;
(104) Bleomycin;
(105) Boroglycerin glycerite;
(106) Botulism antitoxin;
(107) Bretylium;
2426
GENERAL ACTS AND RESOLUTIONS, VOL. I
(108) Bromelains See exceptions;
(109) Bromisovalum;
(110) Bromocriptine;
(111) Bromodiphenhydramine;
(112) Bropheniramine See exceptions;
(113) Brucella antigen;
(114) Brucella protein nucleate;
(115) Buclizine;
(116) Bupivacaine;
(117) Busulfan;
(118) Butacaine;
(119) Butaperazine;
(120) Butorphanol;
(121) Butyl nitrate;
(122) Butyrophenone;
(123) Cadmium sulfide See exceptions;
(124) Caffeine sodium benzoate;
(125) Calcitronin, Salmon;
(126) Calcitriol;
(127) Calcium disodium edetate See exceptions;
(128) Calcium gluconogalactogluconate;
GEORGIA LAWS 1982 SESSION
2427
(129) Calcium levulinate;
(130) Calusterone;
(131) Candicidin;
(132) Cantharidin;
(133) Capreomycin;
(134) Capyodiame;
(135) Caramiphen;
(136) Carbachol;
(137) Carbamazepine;
(138) Carbazochrome;
(139) Carbenicillin;
(140) Carbetapentane;
(141) Carbidopa;
(142) Carbinoxamine;
(143) Carisoprodol;
(144) Carmustine;
(145) Carphenazine;
(146) Casein hydrolysate;
(147) Catarrhalis combined vaccine;
(148) Catarrhalis vaccine mixed;
(149) Cefaclor;
2428
GENERAL ACTS AND RESOLUTIONS, VOL. I
(150) Cefadroxil;
(151) Cefamandole;
(152) Cefazolin;
(153) Cefoxitin;
(154) Cellulose, Oxadized, Regenerated See exceptions;
(155) Cephalexin;
(156) Cephaloglycin;
(157) Cephaloridine;
(158) Cephalothin;
(159) Cephapirin;
(160) Cephradine;
(161) Chlophedianol;
(162) Chlorambucil:
(163) Chloramphenicol;
(164) Chloranil See exceptions;
(165) Chlordantoin;
(166) Chlordiazepoxide in combination with clidinium
bromide or water soluble esterified estergens;
(167) Chlormadinone;
(168) Chlormerodrin;
(169) Chlormezanone;
(170) Chloroacetic acid See exceptions;
GEORGIA LAWS 1982 SESSION
2429
(171) ChlorobutanolB- See exceptions;
(172) Chloroform See exceptions;
(173) Chloroguanide;
(174) Chloroprocaine;
(175) Chloroquine;
(176) Chlorothiazide;
(177) Chlorotrianisene;
(178) Chloroxine;
(179) Chlorphenesin;
(180) Chlorpheniramine See exceptions;
(181) Chlorphenoxamine;
(182) Chlorpromazine;
(183) Chlorpropamide;
(184) Chlorprothixene;
(185) Chlorquinaldol;
(186) Chlortetracycline;
(187) Chlorthalidone;
(188) Chlorzoxazone;
(189) Cholera vaccine;
(190) Cholestyramine resin;
(191) Chondroitin;
2430
GENERAL ACTS AND RESOLUTIONS, VOL. I
(192) Chymotrypsin;
(193) Cimetidine;
(194) Cinoxacin;
(195) Cisplatin;
(196) Clemastine;
(197) Clidinium bromide;
(198) Clindamycin;
(199) Clocortolone pivalate;
(200) Clofibrate;
(201) Clomiphene;
(202) Clonidine;
(203) Clotermine;
(204) Clostridiopeptidase;
(205) Clotrimazole;
(206) Cloxacillin;
(207) Coal tar solution topical;
(208) Cobra venom;
(209) Colchicine See exceptions;
(210) Colestipol;
(211) Colistimethate;
(212) Colistin;
GEORGIA LAWS 1982 SESSION
2431
(213) Collagenase;
(214) Corticotropin;
(215) Corticotropin, Respository;
(216) Cortisone;
(217) Cosyntropin;
(218) Cromolyn;
(219) Crotaline antivenin, Polyvalent;
(220) Crotamiton;
(221) Cryptenamine;
(222) Cyanide antidote;
(223) Cyclacillin;
(224) Cyclandelate;
(226) Cyclobenzaprine;
(227) Cyclomethycaine;
(228) Cyclopentamine;
(229) Cyclopentolate;
(230) Cyclophosphamide;
(231) Cycloserine;
(232) Cyclothiazide;
(233) Cycrimine;
(234) Cyproheptadine;
2432
GENERAL ACTS AND RESOLUTIONS, VOL. I
(235) Cytarabine;
(236) Dacarbazine;
(237) Dactinomycin;
(238) Danazol;
(239) Dantrolene;
(240) Dapsone See exceptions;
(241) Daunorvbicin;
(242) Deanol;
(243) Decamethonium;
(244) Deferoxamine;
(245) Demecarium;
(246) Demeclocycline;
(247) Demethylchlortetracycline;
(248) Deoxyribonuclease, Pancreatic;
(249) Deserpidine;
(250) Desipramine;
(251) Deslanoside;
(252) Desmopressin;
(253) Desonide;
(254) Desoximetasone;
(255) Desoxycorticosterone;
GEORGIA LAWS 1982 SESSION
2433
(256) Desoxyribonuclease;
(257) Dexamethasone;
(258) Dexbrompheniramine;
(259) Dexchlorpheniramine;
(260) Dexpanthenol;
(261) Dextran;
(262) Dextranomer;
(263) Dextriferron;
(264) Dextroisoephedrine;
(265) Dextrothyroxine;
(266) Diatrizoate;
(267) Diazoxide;
(268) Dibucaine;
(269) Dichloralphenazone;
(270) Dichlorphenamide;
(271) Dicloxacillin;
(272) Dicyclomine;
(273) Dienestrol;
(274) Diethylcarbamazine;
(275) Diethylstilbestrol;
(276) Difenoxin;
2434
GENERAL ACTS AND RESOLUTIONS, VOL. I
(277) Diflorasone diacetate;
(278) Digitalis;
(279) Digitoxin;
(280) Digoxin;
(281) Dihydroergocornine;
(282) Dihydroergocristine;
(283) Dihydroergocryptine;
(284) Dihydroergotamine;
(285) Dihydrostreptomycin;
(286) Dihydrotachysterol;
(287) Diiodohydroxyquin;
(288) Dimenhydrinate Injection or suppositories;
(289) Dimercaprol;
(290) Dimethindene;
(291) Dimethisterone;
(292) Dimethyl sulfoxide See exceptions;
(293) Dimethyl tubocurarine;
(294) Dinoprost;
(295) Dinoprostone;
(296) Dioxyline;
(297) Diphemanil;
GEORGIA LAWS 1982 SESSION
2435
(298) Diphenadione;
(299) Diphenhydramine See exceptions;
(300) Diphenidol;
(301) Diphenylhydantoin;
(302) Diphenylpyraline;
(303) Diphtheria antitoxin;
(304) Diphtheria and tetanus toxoids;
(305) Diptheria and tetanus toxoids and pertussis vaccine;
(306) Diphtheria and tetanus toxoids, Absorbed;
(307) Diphtheria and tetanus toxoids, Pertussis;
(308) Diphtheria toxoid;
(309) Dipivefrin;
(310) Dipyridamole;
(311) Dipyron;
(312) Disodium edetate See exceptions;
(313) Disopyramide;
(314) Disulfiram;
(315) Dobutamine;
(316) Doderlein bacilli;
(317) Dopamine;
(318) Doxapram;
2436
GENERAL ACTS AND RESOLUTIONS, VOL. I
(319) Doxepin;
(320) Doxorubicin;
(321) Doxycycline;
(322) Doxylamine;
(323) Doxylamine succinate;
(324) Dromostanolone;
(325) Droperidol;
(326) Dyclonine;
(327) Dydrogesterone;
(328) Dyphylline;
(329) Echothiophate;
(330) Ectylurea;
(331) Edrophonium;
(332) Enflurane;
(333) Epinephrine;
(334) Epinephryl borate;
(335) Ergocalciferol See exceptions;
(336) Ergonovine;
(337) Ergotamine;
(338) Ergosine;
(339) Ergocristine;
GEORGIA LAWS 1982 SESSION
2437
(340) Ergocryptine;
(341) Ergocornine;
(342) Ergotaminine;
(343) Ergosinine;
(344) Ergocristinine;
(345) Ergocryptinine;
(346) Ergocorninine;
(347) Erythrityl tetranitrate;
(348) Erythromycin;
(349) Eserine;
(350) Esterified estrogens;
(351) Estradiol;
(352) Estriol;
(353) Estrogens;
(354) Estrogenic substances;
(355) Estrone;
(356) Ethacrynate;
(357) Ethacrynic acid;
(358) Ethambutol;
(359) Ethamivan;
(360) Ethaverine;
2438
GENERAL ACTS AND RESOLUTIONS, VOL. I
(361) Ether See exceptions;
(362) Ethinyl estradiol;
(363) Ethiodized oil;
(364) Ethionamide;
(365) Ethisterone;
(366) Ethoheptazine;
(367) Ethopropazine;
(368) Ethosuximide;
(369) Ethotoin;
(370) Ethoxazene See exceptions;
(371) Ethoxyzolamide;
(372) Ethyl biscoumacetate;
(373) Ethyl chloride See exceptions;
(374) Ethyl nitrite spirit;
(375) Ethylestrenol;
(376) Ethylnorepinephrine;
(377) Ethynodiol diacetate;
(378) Etidocaine;
(379) Etidronate disodium diphosphonate;
(380) Eucatropine;
(381) Factor IX complex, Human;
GEORGIA LAWS 1982 SESSION
2439
(382) Fenoprofen;
(383) Ferric cacodylate;
(384) Fibrinogen;
(385) Fibrinogen/antihemophilic factor, Human;
(386) Fibrinolysin, Human;
(387) Flavoxate;
(388) Florantyrone;
(389) Floxuridine;
(390) Flucytosine;
(391) Fludrocortisone;
(392) Flumethasone;
(392.1) Flunisolide;
(393) Fluocinonide;
(394) Fluocinolone;
(395) Fluoride;
(396) Fluorometholone;
(397) Fluorophosphates;
(398) Fluorouracil;
(399) Fluoxymesterone;
(400) Fluphenazine;
(401) Fluprednisolone;
2440
GENERAL ACTS AND RESOLUTIONS, VOL. I
(402) Flurandrenolide;
(403) Folate sodium;
(404) Folic acid See exceptions;
(405) Foreign protein;
(406) Formaldehyde See exceptions;
(407) Furazolidone;
(408) Furosemide;
(409) Gallamine triethiodide;
(410) Gamma benzene hexachloride;
(411) Gammaglobulin;
(412) Gas gangrene polyvalent antitoxin;
(413) Gentamicin;
(414) Gentian violet vaginal suppositories;
(415) Gitalin;
(416) Glucagon;
(417) Gluceptate;
(418) Gluconate magnesium;
(419) Gluconate potassium See exceptions;
(420) Glutamate arginine;
(421) Glycobiarsol;
(422) Glycopyrrolate;
GEORGIA LAWS 1982 SESSION
2441
(423) Gold sodium thiomalate;
(424) Gold thiosulfate See exceptions;
(425) Gomenol Solution;
(426) Gonadotropin, Chroinic;
(427) Gonadotropin, Chroinic, Anti-human serum;
(428) Gonadotropin, Serum;
(429) Gramicidin;
(430) Gramineae pollens;
(431) Griseofulvin;
(432) Guanethidine;
(433) Halcinonide;
(434) Haloperidol;
(435) Haloprogin;
(436) Halothane;
(437) Hartmans solution;
(438) Heparin;
(439) Hetacillin;
(440) Hexachlorophene See exceptions;
(441) Hexafluorenium;
(442) Hexocyclium;
(443) Hexylcaine;
2442
GENERAL ACTS AND RESOLUTIONS, VOL. I
(444) Histamine;
(445) Histoplasmin;
(446) Homatropine;
(447) Hyaluronidase;
(448) Hydralazine;
(449) Hydrocalciferol;
(450) Hydrochlorothiazide;
(451) Hydrocortamate;
(452) Hydrocortisone See exceptions;
(453) Hydroflumethiazide;
(454) Hydroquinone;
(455) Hydroxocobalamin See exceptions;
(456) Hydroxyamphetamine;
(457) Hydroxychloroquine;
(458) Hydroxyprogesterone;
(459) Hydroxyurea;
(460) Hydroxyzine;
(461) Hyoscyamine;
(462) Hyoscyamus alkaloids;
(463) Hypophamine;
(464) Ibuprofen;
GEORGIA LAWS 1982 SESSION
2443
(465) Idoxuridine;
(466) Imipramine;
(467) Immune hepatitis B globulin, Human;
(468) Immune poliomyelitis globulin, Human;
(469) Immune serum globulin, Human;
(470) Indigotindisulfonate;
(471) Indocyanine green;
(472) Indomethacin;
(473) Influenza virus vaccines;
(474) Injections, All substances for human use See excep-
tions;
(475) Intrinsic factor concentrate manufactured for human
use;
(476) Iocetamic acid;
(477) Iodamide;
(478) Iodinated 1-125 serum albumin;
(479) Iodinated 1-131 serum albumin;
(480) Iodinated glycerol-theophylline;
(481) Iodine solution, Strong oral;
(482) Iodipamide;
(483) Iodized oil;
(484) Iodobenzoic acid See exceptions;
2444
GENERAL ACTS AND RESOLUTIONS, VOL. I
(485) Iodobrassid;
(486) Iodopyracet;
(487) Iodothiouracil;
(488) Iopanoic acid See exceptions;
(489) Iophendylate;
(490) Iothiouracil;
(491) Ipodate;
(492) Iron cacodylate;
(493) Iron dextran injection;
(494) Iron peptonized;
(495) Iron sorbitex;
(496) Isocarboxazid;
(497) Isoetharine;
(498) Isoflurane;
(499) Isoflurophate;
(500) Isometheptene;
(501) Isoniazid;
(502) Isopropamide;
(503) Isoproterenol;
(504) Isosorbide dinitrate;
(505) Isothipendyl;
GEORGIA LAWS 1982 SESSION
2445
(506) Isoxsuprine;
(507) Kanamycin;
(508) Ketamine;
(509) Ketocholanic acids;
(510) Lactated ringers solution;
(511) Lactulose;
(512) Lanatoside C;
(513) Latrodectus mactans;
(514) Leucovorin;
(515) Levallorphan;
(516) Levarterenol;
(517) Levodopa;
(518) Levopropoxyphene;
(519) Levothyroxine;
(520) Lidocaine See exceptions;
(521) Lincomycin;
(522) Lindane See exceptions;
(523) Linolenic acid;
(524) Liothyronine;
(525) Liotrix;
(526) Lithium carbonate See exceptions;
2446
GENERAL ACTS AND RESOLUTIONS, VOL. I
(527) Lithium citrate;
(528) Liver extract;
(529) Lomustine;
(530) Loxapine;
(531) Lugols solution;
(532) Lututrin;
(533) Lymphogranuloma venereum antigen;
(534) Lypressin synthetic;
(535) Mafenide;
(536) Magnesium gluconate See exceptions;
(537) Magnesium salicylate;
(538) Mandelic acid See exceptions;
(539) Mannitol See exceptions;
(540) Mannitol hexanitrate;
(541) Measles immune globulin, Human;
(542) Measles virus vaccines;
(543) Mebendazole for human use;
(544) Mecamylamine;
(545) Mechlorethamine;
(546) Meclizine See exceptions;
(547) Meclofenamate;
GEORGIA LAWS 1982 SESSION
2447
(548) Medroxyprogesterone;
(549) Medrysone;
(550) Mefenamic acid;
(551) Megestrol;
(552) Meglumine;
(553) Melphalan;
(554) Menadiol;
(555) Menadione;
(556) Meningococcal polysaccharide vaccine;
(557) Menotropins;
(558) Mepenzolate;
(559) Mephenesin;
(560) Mephentermine;
(561) Mephenytoin;
(562) Meprednisone;
(563) Mepivacaine;
(564) Meralluride;
(565) Mercaptomerin;
(566) Mercaptopurine;
(567) Mercury bichloride See exceptions;
(568) Mesoridazine;
2448
GENERAL ACTS AND RESOLUTIONS, VOL. I
(569) Mestranol;
(570) Metaproterenol;
(571) Metaraminol;
(572) Metaxalone;
(573) Methachloine;
(574) Methacycline;
(575) Methallenestril;
(576) Methandriol;
(577) Methandrostenolone;
(578) Methantheline;
(579) Methazolamide;
(580) Methdilazine;
(581) Methenamine hippurate;
(582) Methenamine mandelate;
(583) Methenamine sulfosalicylate;
(584) Methicillin;
(585) Methimazole;
(586) Methiodal;
(587) Methionine;
(588) Methixene;
(589) Methocarbamol;
GEORGIA LAWS 1982 SESSION
2449
(590) Methotrexate;
(591) Methotrimeprazine;
(592) Methoxamine;
(593) Methoxsalen;
(594) Methoxyflurane;
(595) Methoxyphenamine;
(596) Methscopolamine;
(597) Methsuximide;
(598) Methyclothiazide;
(599) Methylandrostenediol;
(600) Methylatropine;
(601) Methyldopa;
(602) Methyldopate;
(603) Methylene blue, Oral;
(604) Methylergonovine;
(605) Methylprednisolone;
(606) Methyltestosterone;
(607) Methysergide;
(608) Metoclopramide injection;
(609) Metocurine iodide injection;
(610) Metolazone;
2450
GENERAL ACTS AND RESOLUTIONS, VOL. I
(611) Metoprolol;
(612) Metrizamide;
(613) Metronidazole;
(614) Metyrapone;
(615) Metyrosine;
(616) Miconazole;
(617) Microfibrillar collagen hemostat;
(618) Minocycline;
(619) Minoxidil;
(620) Mithramycin;
(621) Mitomycin;
(622) Mitotane;
(623) Molindone;
(624) Monobenzone;
(625) Morrhuate sodium;
(626) Mumps virus vaccines;
(627) Mushroom spores which, when mature, contain either
psilocybin or psilocin;
(628) N-acetyl-l-cysteine;
(629) N. cattarhalis antigen;
(630) Nadolol;
(631) Nafcillin;
GEORGIA LAWS 1982 SESSION
2451
(632) Nalbuphine;
(633) Nalduphine;
(634) Nalidixic acid;
(635) Naloxone;
(636) Nandrolone;
(637) Naphazoline;
(638) Naproxen;
(639) Neomycin See exceptions;
(640) Neostigmine;
(641) Niacinamide See exceptions;
(642) Nicotinyl alcohol;
(643) Nifuroximine;
(644) Nikethamide;
(645) Nitrofurantoin;
(646) Nitrofurazone;
(647) Nitroglycerin;
(648) Nitroprusside See exceptions;
(649) Nitrous oxide See exceptions;
(650) Nonoxynol;
(651) Norethandrolone;
(652) Norethindrone;
2452
GENERAL ACTS AND RESOLUTIONS, VOL. I
(653) Norethynodrel;
(654) Norgestrel;
(655) Normal serum albumin, Human;
(656) Nortriptyline;
(657) Nositol;
(658) Novobiocin;
(659) Nux vomica;
(660) Nylidrin;
(661) Nystatin;
(662) Old tuberculin;
(663) Oleandomycin;
(664) Orphenadrine;
(665) Orthoiodobenzoic acid;
(666) Oxacillin;
(667) Oxandrolone;
(668) Oxethazaine;
(669) Oxolinic acid;
(670) Oxtriphylline;
(671) Oxybutynin;
(672) Oxygen for human use See exceptions;
(673) Oxymetholone;
GEORGIA LAWS 1982 SESSION
2453
(674) Oxyphenbutazone;
(675) Oxyphencyclimine;
(676) Oxyphenisatin;
(677) Oxyphenonium;
(678) Oxyquinoline;
(679) Oxytetracyclihe;
(680) Oxytocin;
(681) P-nitrosulfathiazole;
(682) Pancreatin dornase;
(683) Pancreatic enzyme;
(684) Pancrelipase;
(685) Pancuronium;
(686) Papaverine;
(687) Paramethadione;
(688) Paramethasone;
(689) Paranitrosulfathiazole;
(690) Parathyroid injection;
(691) Pargyline;
(692) Paromomycin;
(693) Penicillamine;
(694) Penicillin;
2454
GENERAL ACTS AND RESOLUTIONS, VOL. I
(695) Penicillin G;
(696) Penicillin 0;
(697) Penicillin V;
(698) Penicillinase;
(699) Pentaerythritol tetranitrate;
(700) Pentagastrin;
(701) Pentapiperide;
(702) Penthienate;
(703) Pentolinium;
(704) Pentylenetetrazol;
(705) Perphenazine;
(706) Pertussis immune globulin, Human;
(707) Phenacemide;
(708) Phenaglycodol;
(709) Phenaphthazine;
(710) Phenazopyridine;
(711) Phenelzine;
(712) Phenethicillin;
(713) Phenformin;
(714) Phenindamine;
(715) Phenindione;
GEORGIA LAWS 1982 SESSION
2455
(716) Pheniramine See exceptions;
(717) Phenitramin;
(718) Phenothiazine derivatives;
(719) Phenoxybenzamine;
(720) Phenoxymethyl penicillin;
(721) Phenuprocoumon;
(722) Phensuximide;
(723) Phentolamine;
(724) Phenylbutazone;
(725) Phenylmercuric acetate;
(726) Phenylmercuric nitrate;
(727) Phenyltoloxamine dihydrogen citrate;
(728) Phthalylsulfacetamide;
(729) Phthalylsulfathiazole;
(730) Physostigmine;
(731) Phytonadione;
(732) Pilocarpine;
(733) Pipazethate;
(734) Pipenzolate;
(735) Piperacetazine;
(736) Piperazine;
2456
GENERAL ACTS AND RESOLUTIONS, VOL. I
(737) Piperidolate;
(738) Piperocaine;
(739) Pipobraman;
(740) Pipradrol;
(741) Plaque vaccine;
(742) Plasma protein fraction;
(743) Pneumococcal polyvalent vaccine;
(744) Poison ivy extract;
(745) Poison ivy oak extract;
(746) Poison ivy oak, sumac extract;
(747) Poldine methylsulfate;
(748) Poliomyelitis vaccine;
(749) Poliovirus vaccine, Live, Oral, All;
(750) Polyestradiol;
(751) Polymyxin B See exceptions;
(752) Polythiazide;
(753) Posterior pituitary;
(754) Potassium acetate injection;
(755) Potassium acid phosphate See exceptions;
(756) Potassium p-aminobenzoate See exceptions;
(757) Potassium aminosalicylate See exceptions;
GEORGIA LAWS 1982 SESSION
2457
(758) Potassium arsenite See exceptions;
(759) Potassium bicarbonate See exceptions;
(760) Potassium carbonate See exceptions;
(761) Potassium chloride See exceptions;
(762) Potassium citrate See exceptions;
(763) Potassium gluconate See exceptions;
(764) Potassium hetacillin;
(765) Potassium iodide See exceptions;
(766) Potassium perchlorate;
(767) Potassium permanganate See exceptions;
(768) Povidone Iodine See exceptions;
(769) Pralidoxime;
(770) Prazosin;
(771) Prednisolone;
(772) Prednisone;
(773) Prilocaine;
(774) Primaquine;
(775) Primidone;
(776) Probenecid;
(777) Probucol;
(778) Procainamide;
2458
GENERAL ACTS AND RESOLUTIONS, VOL. I
(779) Procaine;
(780) Procaine penicillin;
(781) Procaine penicillin G;
(782) Procarbazine;
(783) Prochlorperazine;
(784) Procyclidine;
(785) Progesterone;
(786) Promazine;
(787) Promethazine;
(788) Promethestrol;
(789) Propantheline;
(790) Proparacaine;
(791) Prophenpyridamine See exceptions;
(792) Propiolactone;
(793) Propiomazine;
(794) Propoxycaine;
(795) Propranolol;
(796) Propylparaben;
(797) Propylthiouracil;
(798) Protamine sulfate injection;
(799) Protein hydrolysate injection;
GEORGIA LAWS 1982 SESSION
2459
(800) Protein, Foreign injection;
(801) Proteolytic enzyme;
(802) Protirelin;
(803) Protokylol;
(804) Protoveratrine A and B;
(805) Protriptyline;
(806) Pseudoephedrine See exceptions;
(807) Pseudomonas polysaccharide complex;
(808) P-ureidobenzenearsonic acid;
(809) Purified protein derivatives of tuberculin;
(810) Pyrantel;
(811) Pyrazinamide;
(812) Pyrazolon;
(813) Pyridostigmine;
(814) Pyrimethamine;
(815) Pyrrobutamine;
(816) Pyrvinium;
(817) Quinacrine;
(818) Quinestrol;
(819) Quinethazone;
(820) Quinidine;
2460
GENERAL ACTS AND RESOLUTIONS, VOL. I
(821) Quinine hydrochloride;
(822) Quinine and urea hydrochloride;
(823) Rabies anti-serum;
(824) Rabies immune globulin, Human;
(825) Rabies vaccine;
(826) Radio-iodinated compounds;
(827) Radio-iodine;
(828) Radio-iron;
(829) Radioisotopes;
(830) Radiopaque media;
(831) Ragweed pollen extract;
(832) Rauwolfia serpentina;
(833) Rescinnamine;
(834) Reserpine;
(835) Reserpine alkaloids;
(836) Resorcinol monoacetate See exceptions;
(837) Rhus toxicodendron antigen;
(838) Rh D immune globulin, Human;
(839) Riboflavin See exceptions;
(840) Ricinoleic acid;
(841) Ritodrine;
GEORGIA LAWS 1982 SESSION
2461
(842) Rifampin;
(843) Ringers injection;
(844) Rocky mountain spotted fever vaccine;
(845) Rolitetracycline;
(846) Rotoxamine;
(847) Rubella and mumps virus vaccine;
(848) Rubella virus vaccine;
(849) Rutin See exceptions;
(850) Salicylazosulfapyridine;
(851) Salmonelia typhosa, Killed;
(852) Scopolamine;
(853) Senecio cineraria extract ophthalmic solution;
(854) Selenium sulfide See exceptions;
(855) Senega fluid extract;
(856) Silver nitrate ophthalmic solutions or suspensions;
(857) Silver sulfadiazine cream;
(858) Sincalide;
(859) Sitosterols;
(860) Solutions for injections, All;
(861) Smallpox vaccine;
(862) Sodium acetate injection;
2462
GENERAL ACTS AND RESOLUTIONS, VOL. I
(863) Sodium acetrizoate;
(864) Sodium ascorbate injection;
(865) Sodium biphosphate See exceptions;
(866) Sodium cacodylate;
(867) Sodium chloride injection;
(868) Sodium dehydrocholate;
(869) Sodium dextrothyroxine;
(870) Sodium estrone;
(871) Sodium fluorescein See exceptions;
(872) Sodium fluoride See exceptions;
(873) Sodium iothalamate;
(874) Sodium polystyrene sulfonate;
(875) Sodium propionated vaginal cream;
(876) Sodium sulfacetamide;
(877) Sodium sulfadiazine;
(878) Sodium sulfobromophthalein;
(879) Sodium sulfoxone;
(880) Sodium tetradecyl;
(881) Sodium tyropanoate;
(882) Somatropin;
(883) Sorbus extract;
GEORGIA LAWS 1982 SESSION
2463
(884) Sparteine;
(885) Spectinomycin;
(886) Spironolactone;
(887) Stanozolol;
(888) Staphage lysate bacterial antigen;
(889) Staphylococcus and streptococcus vaccine;
(890) Staphylococcus toxoid;
(891) Stibophen;
(892) Stinging insect antigens Combined;
(893) Stokes expectorant;
(894) Stramonium;
(895) Streptococcus antigen;
(896) Streptokinase-streptodornase;
(897) Streptomycin;
(898) Strontium See exceptions;
(899) Strophanthin-G;
(900) Strychnine See exceptions;
(901) Subsalicylate bismuth;
(902) Succinylchloline;
(903) Succinylsulfathiazole;
(904) Sulfabenzamide vaginal preparations;
2464
GENERAL ACTS AND RESOLUTIONS, VOL. I
(905) Sulfacetamide;
(906) Sulfachlorpyridazine;
(907) Sulfacytine;
(908) Sulfadiazine;
(909) Sulfadimethoxine;
(910) Sulfaethidole;
(911) Sulfaguanidine;
(912) Sulfamerazine;
(913) Sulfameter;
(914) Sulfamethazine;
(915) Sulfamethizole;
(916) Sulfamethoxazole;
(917) Sulfamethoxypyridazine;
(918) Sulfanilamide;
(919) Sulfaphenazole;
(920) Sulfathiazole;
(921) Sulfapyridine;
(922) Sulfasalazine;
(923) Sulfinpyrazone;
(924) Sulfisomidine;
(925) Sulfisoxazole;
GEORGIA LAWS 1982 SESSION
2465
(926) Sulfur thioglycerol;
(927) Sulindac;
(928) Superinone;
(929) Sutilains;
(930) Syrosingopine;
(931) Tamoxifen;
(932) Terbutaline;
(933) Terpin hydrate with codeine;
(934) Testolactone;
(935) Testosterone;
(936) Tetanus and diphtheria toxoids;
(937) Tetanus antitoxin;
(938) Tetanus immune globulin;
(939) Tetanus toxoids;
(940) Tetracaine;
(941) Tetracycline;
(942) Tetraethylammonium chloride;
(943) Tetrahydrozoline See exceptions;
(944) Theopromine;
(945) Theobromide;
(946) Theobromine magnesium oleate;
2466
GENERAL ACTS AND RESOLUTIONS, VOL. I
(947) Theophylline See exceptions;
(948) Theophylline sodium glycinate;
(949) Thiabendazole;
(950) Thiamylal;
(951) Thiethylperazine;
(952) Thiopropazate;
(953) Thioguanine;
(954) Thioridazine;
(955) Thiosalicylate;
(956) Thiotepa;
(957) Thiothixene;
(958) Thiphenamil;
(959) Thrombin;
(960) Thyroglobulin;
(961) Thyroid;
(962) Thyrotropin;
(963) Thyroxine;
(964) Thyroxine fraction;
(965) Ticarcillin;
(966) Ticrynafen;
(967) Timolol;
GEORGIA LAWS 1982 SESSION
2467
(968) Tobramycin;
(969) Tocamphyl;
(970) Tolazamide;
(971) Tolazoline;
(972) Tolbutamide;
(973) Tolmetin;
(974) Tranylcypromine;
(975) Tretinoin;
(976) Triamcinolone;
(977) Triamterene;
(978) Trichlormethiazide;
(979) Trichloroacetic acid See exceptions;
(980) Trichloroethylene See exceptions;
(981) Trichlobisonium;
(982) Triclofos;
(983) Tridihexethyl chloride;
(984) Triethanolamine polypeptides;
(985) Triethylenethiophosphoramide;
(986) Trifuloperazine;
(987) Triflupromazine;
(988) Trifluridine;
2468
GENERAL ACTS AND RESOLUTIONS, VOL. I
(989) Trihexyphenidyl;
(990) Triiodothyronine;
(991) Trimeprazine;
(992) Trimethadione;
(993) Trimethaphan cansylate;
(994) Trimethobenzamide;
(995) Trimethoprim;
(996) Trimipramine;
(997) Triolein;
(998) Trioxsalen;
(999) Tripelennamine See exceptions;
(1000) Triphenyltetrazolium;
(1001) Triple sulfas;
(1002) Triprolidine;
(1003) Trisulfapyrimidines;
(1004) Troleandomycin;
(1005) Trolnitrate;
(1006) Tromethamine;
(1007) Tropicamide;
(1008) Trypsin;
(1009) Trypsin-chymotrypsin;
GEORGIA LAWS 1982 SESSION
2469
(1010) Tuaminoheptane;
(1011) Tuberculin, Purified protein derivatives;
(1012) Tuberculin tine test;
(1013) Tuberculin, Old;
(1014) Tubocurarine;
(1015) Tybamate;
(1016) Typhoid and paratyphoid vaccine;
(1017) Typhus vaccine;
(1018) Tyropanoate;
(1019) Undecoylium;
(1020) Uracil;
(1021) Urea See exceptions;
(1022) Valethamate;
(1023) Valproate;
(1024) Valproic acid See exceptions;
(1025) Vancomycin;
(1026) Vasopressin;
(1027) VDRL antigen;
(1028) Veratrum viride;
(1029) Versenate;
(1030) Vidarabrine;
2470
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1031) Vinblastine;
(1032) Vincristine;
(1033) Vinyl ethyl See exceptions;
(1034) Viomycin;
(1035) Vitamin K;
(1036) Vitamin B12 injection;
(1037) Vitamine with fluoride;
(1038) Warfarin;
(1039) Wargarin;
(1039.1) Xylocaine;
(1040) Yellow fever vaccine;
(1041) Yohimbine;
(1042) 4-chloro-3,5-xylenol See exceptions;
(1043) Devices that require a prescription:
(A) Cellulose, Oxadized, Regenerated (surgical absorb-
able hemostat) See exceptions;
(B) Diaphragms for vaginal use;
(C) Hemodialysis solutions;
(D) Hemodialysis kits;
(E) Lippes loop intrauterine;
(F) Saf-T-Coil intrauterine device;
(G) Intrauterine devices, All;
GEORGIA LAWS 1982 SESSION
2471
(H) Absorbable hemostat;
(I) Gonorrhea test kit.
(c) The following are exceptions to and exemptions from subsec-
tion (b) of this Code section:
(1) Atropine sulfate where the oral dose is less than 1/200
gr. per unit;
(2) Bacitracin cream or ointment for topical use;
(3) Belladonna or belladonna alkaloids when in combina-
tion with other drugs and the dosage unit is less than 0.1 mg. of the
alkaloids or its equivalent;
(4) Beta carotene all forms occurring in food products or
lotions;
(5) Bromelain, pancreatic enzymes, trypsin and bile extract
when labeled properly as digestive aids with appropriate dosage
and in compliance with FDA labeling and restrictions;
(6) Brompheniramine where a single dosage unit is 4 mg.
or less;
(7) Chlorpheniramine where a single dosage unit is 12
mg. or less;
(8) Cough preparations containing diphenydramine 12.5
mg., alcohol 5 percent, and not more than 0.4 percent chloroform
in each 5 ml.;
(9) Doxylamine succinate where a single dosage form is
25 mg. or less and when labeled to be used as a nighttime sedative;
(10) Hydrocortisone topical skin preparations up to 0.5 per-
cent in strength;
(11) Hydroxocobalamin, riboflavin, niacinamide,
ergocalciferol, (maximum of 400 I.U. per day), Folic acid (maxi-
mum 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;
2472
GENERAL ACTS AND RESOLUTIONS, VOL. I
(12) Insulin, All;
(13) Lidocaine topical ointment, 25 mg./gm. or less;
(14) Meclizine 25 mg. or less;
(15) Neomycin sulfate ointment or cream for topical use;
(16) Nitrous oxide when used as a propellant in food
products;
(17) Oxygen compressed oxygen which is not labeled
CAUTION: Federal law prohibits dispensing without prescrip-
tion or similar wording;
(18) Pheniramine where the oral dose is 25 mg. or less;
(19) Polymyxin B when in combination with other drugs in
an ointment or cream for topical use;
(20) 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;
(21) Povidone Iodine solutions and suspensions;
(22) Prophenpyridamine where the unit dose is 12.5 mg. or
less;
(23) Pseudoephedrine where the dosage unit is not more
than 60 mg. or, when manufactured to release the drug in delayed
action slow time release, where the dosage unit is not more than
120 mg.;
(24) Rutin where the dosage unit is less than 60 mg.;
(25) Selenium sulfide supsension 1 percent or less in
strength;
(25.1) Strychnine when used in combination with other
active ingredients in a rodent killer, and when not bearing a label
GEORGIA LAWS 1982 SESSION
2473
containing the words CAUTION: Federal law prohibits dispens-
ing without prescription* or other similar wording;
(26) Tetrahydrozaline for ophthalmic or topical use;
(27) Theophylline preparations alone or in combination with
other drugs prepared for and approved for OTC (over the counter)
sale by FDA; example tedral tablets (plain) or oral suspension;
(28) Tripelennamine cream or ointment for topical use;
(29) Urea except when the manufacturers label contains
the wording CAUTION: Federal law prohibits dispensing without
prescription or similar wording;
(30) 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.
(d) The following list of compounds or preparations may be
purchased without a prescription, provided the products are manu-
factured for industrial, scientific, or commercial sale or use, unless
they are intended for human use or contain on the label CAUTION:
Federal law prohibits dispensing without prescription or similar
wording:
(1) Aminosalicylate;
(2) Aminosalicylate calcium;
(3) Aminosalicylate potassium;
(4) Aminosalicylate sodium;
(5) Aminosalicylic acid;
(6) Barium;
(7) Beta-carotene;
(8) Bismuth sodium tartrate;
2474
GENERAL ACTS AND RESOLUTIONS, VOL. I
(9) Cadmium sulfide;
(10) Calcium disodium edetate;
(11) Cellulose, Oxadized, Regenerated;
(12) Chlorabutanol;
(13) Chloranil;
(14) Chloroacetic acid;
(15) Chloroform;
(16) Colchicine;
(17) Dapsone;
(18) Dimethyl sulfoxide;
(19) Disodium edetate;
(20) Edetate disodium;
(21) Ether;
(22) Ethoxazene;
(23) Ethyl chloride;
(24) Fluoride;
(25) Formaldehyde;
(26) Gold thiosulfate;
(27) Hexachlorophene;
(28) Iodobenzoic acid;
(29) Iopanoic acid;
GEORGIA LAWS 1982 SESSION
2475
(30) Lindane;
(31) Lithium carbonate;
(32) Mandelic acid;
(33) Mannitol;
(34) Mercury bicholoride;
(35) Nitroprusside;
(36) Potassium aminosalicylate;
(37) Potassium p-aminobenzoate;
(38) Potassium permanganate;
(39) Resorcinol monoacetate;
(40) Selenium sulfide;
(41) Sodium biphosphate;
(42) Sodium fluorescein;
(43) Sodium fluoride;
(44) Strontium;
(45) Trichloroacetic acid;
(46) Trichloroethylene;
(47) Valproic acid;
(48) Vinyl ether;
(49) 4-chloro-3,5-xylenol.
Section 21. Said title is further amended by striking subsection
(a) of Code Section 16-13-74, which reads as follows:
2476
GENERAL ACTS AND RESOLUTIONS, VOL. I
(a) Any practitioner of the heeding arts who prescribes einy
deingerous drug shall in each case give the name and address of the
patient, together with complete directions for administration. Any
practitioner of the healing arts, when dispensing dangerous drugs,
shall be required to comply with Code Section 16-13-73.,
and inserting in its place a new subsection (a) to read as follows:
(a) All written prescriptions for dangerous drugs shall be dated
as of, and be signed on, the date when issued and shall bear the full
name and address of the patient, together with complete directions
for administration, and the number of permitted refills. A practitio-
ner may sign a prescription as he would sign a check or a legal
document. The prescription shall be written with indelible pencil or
indelible ink or typewritten and shall be manually signed by the
practitioner. The prescription may be prepared by a secretary or
other agent, for the signature of the practitioner, but the prescribing
practitioner shall be responsible if the prescription does not conform
in all essential respects to state and federal laws and regulations. Any
practitioner who shall dispense dangerous drugs shall comply with
the provisions of Code Section 16-13-73.
Section 22. Title 26 of the Official Code of Georgia Annotated,
relating to food, drugs, and cosmetics, is amended by striking Code
Section 26-4-112 and inserting in its place a new Code Section 26-4-
112 to read as follows:
26-4-112. The board shall have the power to suspend or revoke
any license issued under this part, including the power to probate
such suspension or revocation, or to reprimand or fine the holder of
any license under this part, which fine may not exceed $1,500.00 for
each offense, or to impose any combination of such disciplinary
actions when the license holder, or the license holders agent, servant,
or employee who is acting within the scope of his employment, shall
have failed to:
(1) Comply with this part or any laws of this state, or of the
United States, or any other state having to do with the control of
pharmacists, pharmacies, or drugs;
(2) Comply with any rules and regulations promulgated by
the board;
GEORGIA LAWS 1982 SESSION
2477
(3) Maintain a pharmacy in the manner prescribed by this
part; or
(4) Keep a complete and accurate record of all controlled
substances on hand, received, manufactured, sold, dispensed, or
otherwise disposed of.
Section 23. Said title is further amended by striking paragraph
(3) of subsection (a) of Code Section 26-4-101 and inserting in its
place a new paragraph (3) to read as follows:
(3) Have never been convicted of any felony or crime involving
moral turpitude or of violating any other law of the United States,
this state, or of any other state pertaining to the manufacturing,
distribution, sales, or dispensing of drugs or narcotics, or have never
entered a nolo contendere plea to such charges or have never entered
a plea pursuant to the provisions of the Georgia First Offender Act,
nor have otherwise been granted first offender treatment, or have
never been found to have violated any rule or regulation of the board;
provided, however, that, if the applicant has been convicted of such
crime or has entered a plea of nolo contendere or has been granted
first offender treatment or has been found to have violated a rule of
the board, the board may inquire into the nature of the crime or
violation, the date of conviction or plea or violation, and other
underlying facts and circumstances surrounding such proceedings
and, in its discretion, may grant a license to such applicant.
Part 3
Section 24. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
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,
2478
GENERAL ACTS AND RESOLUTIONS, VOL. I
which shall remain of full force and effect as if the section, subsection,
sentence, clause, or phrase so declared or adjudged invalid or uncon-
stitutional were not originally a part hereof. The General Assembly
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 26. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 22,1982.
GEORGIA PEACE OFFICER STANDARDS AND
TRAINING ACT AMENDED.
Code Title 35, Chapter 8 Amended.
No. 1561 (House Bill No. 1490).
AN ACT
To amend an Act known as the Georgia Peace Officer Standards
and Training Act, approved March 10,1970 (Ga. L. 1970, p. 208), as
amended, so as to provide for the inclusion of certain employees of the
Department of Offender Rehabilitation, the State Board of Pardons
and Paroles, and county correctional institutions who are authorized
to exercise the power of arrest within the definition of the term peace
officer; to increase the membership of the Georgia Peace Officer
Standards and Training Council; to amend the Official Code of
Georgia Annotated accordingly; to provide effective dates; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1982 SESSION
2479
Part 1
Section 1. An Act known as the Georgia Peace Officer Stan-
dards and Training Act, approved March 10,1970 (Ga. L. 1970, p.
208), as amended, is amended by striking the last paragraph of
subsection (d) of Section 2 in its entirety and inserting in lieu thereof
a new last paragraph of subsection (d) of Section 2 to read as follows:
The term peace officer shall include personnel who are autho-
rized to exercise the power of arrest and who are employed or
appointed by the Department of Offender Rehabilitation, the Board
of Pardons and Paroles, and county correctional institutions.
Section 2. Said Act is further amended by striking the last
paragraph of subsection (e) of Section 2 in its entirety and inserting in
lieu thereof a new last paragraph of subsection (e) of Section 2 to read
as follows:
The term law enforcement unit shall include the Department of
Offender Rehabilitation, the Board of Pardons and Paroles, and
county correctional institutions for the purpose of personnel who are
authorized to exercise the power of arrest and who are employed or
appointed by said Department, Board, or institutions.
Section 3. Said Act is further amended by striking the first
paragraph and subsection (a) of Section 3 in their entirety and
inserting in lieu thereof a new first paragraph and a new subsection
(a) of Section 3 to read as follows:
The Georgia Peace Officer Standards and Training Council is
hereby established. The Council shall consist of eighteen (18) voting
members and five (5) advisory members and shall be composed, as
follows:
(a) The Attorney General of Georgia or his designee, the Com-
missioner of the Department of Public Safety or his designee, the
President of the Georgia Chiefs of Police Association or his designee,
the President of the Georgia Sheriffs Association or his designee, the
President of the Georgia Municipal Association or his designee, the
President of the Association County Commissioners of Georgia or his
designee, the President of the Peace Officers Association of Georgia
or his designee, the Commissioner of the Department of Offender
Rehabilitation or his designee, the Chairman of the Board of Pardons
and Paroles or his designee, and the President of the Georgia Prison
Wardens Association or his designee, shall be ex-officio members of
2480
GENERAL ACTS AND RESOLUTIONS, VOL. I
the Council, as full voting members of the Council by reason of their
office.
Section 4. Said Act is further amended by striking Section 2A,
which reads as follows:
Section 2A. The Board of Offender Rehabilitation shall establish
by appropriate rules and regulations a program of required training
for all employees of the Department of Offender Rehabilitation and
for employees of county correctional institutions who are authorized
to exercise the power of arrest. The Board of Pardons and Paroles
shall establish by appropriate rules and regulations a program of
required training for all employees of the Board who are authorized to
exercise the power of arrest.,
in its entirety.
Part 2
Section 5. Chapter 8 of Title 35 of the Official Code of Georgia
Annotated, relating to the employment and training of peace officers,
is amended by striking paragraph (7) of Code Section 35-8-2 in its
entirety and inserting in lieu thereof a new paragraph (7) to read as
follows:
(7) Law enforcement unitmeans:
(A) Any agency, organ, or department of this state, a subdi-
vision or municipality thereof, or a railroad whose primary func-
tions include the enforcement of criminal or traffic laws, the
preservation of public order, the protection of life and property, or
the prevention, detection, or investigation of crime;
(B) The Office of Permits and Enforcement of the Depart-
ment of Transportation and the office or section in the Depart-
ment of Human Resources in which persons are assigned who have
been designated by the commissioner to investigate and appre-
hend unruly and delinquent children; and
(C) The Department of Offender Rehabilitation, the State
Board of Pardons and Paroles, and county correctional institu-
tions for the purpose of personnel who are authorized to exercise
the power of arrest and who are employed or appointed by said
department, board, or institutions.
GEORGIA LAWS 1982 SESSION
2481
Section 6. Said chapter is further amended by striking para-
graph (8) of Code Section 35-8-2 in its entirety and inserting in lieu
thereof a new paragraph (8) to read as follows:
(8) Peace officer means, for purposes of this chapter only:
(A) An agent, operative, or officer of this state, a subdivision
or municipality thereof, or a railroad who, as an employee for hire
or as a volunteer, is vested either expressly by law or by virtue of
public employment or service with authority to enforce the crimi-
nal or traffic laws through the power of arrest and whose duties
include the preservation of public order, the protection of life and
property, and the prevention, detection, or investigation of crime;
(B) An enforcement officer who is employed by the Depart-
ment of Transportation in its Office of Permits and Enforcement
and any person employed by the Department of Human
Resources who is designated by the commissioner to investigate
and apprehend unruly and delinquent children; and
(C) Personnel who are authorized to exercise the power of
arrest and who are employed or appointed by the Department of
Offender Rehabilitation, the State Board of Pardons and Paroles,
and county correctional institutions.
Sheriffs who hold elective office and law enforcement support
personnel are not peace officers within the meaning of this chapter,
but they may be certified upon voluntarily complying with the
certification provisions of this chapter.
Section 7. Said chapter is further amended by striking subsec-
tion (a) of Code Section 35-8-3 in its entirety and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) The Georgia Peace Officer Standards and Training Council
is established. The council shall consist of 18 voting members and five
advisory members.
Section 8. Said chapter is further amended by striking para-
graph (1) of subsection (b) of Code Section 35-8-3 in its entirety and
inserting in lieu thereof a new paragraph (1) to read as follows:
2482
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) The Attorney General or his designee, the commissioner of
public safety or his designee, the president of the Georgia Association
of Chiefs of Police or his designee, the president of the Georgia
Sheriffs Association or his designee, the president of the Georgia
Municipal Association or his designee, the president of the Associa-
tion County Commissioners of Georgia or his designee, the president
of the Peace Officers Association of Georgia or his designee, the
commissioner of the Department of Offender Rehabilitation or his
designee, the chairman of the State Board of Pardons and Paroles or
his designee, and the president of the Georgia Prison Wardens
Association or his designee, who shall be ex officio members of the
council;.
Section 9. Said chapter is further amended by striking Code
Section 35-8-14, which reads as follows:
35-8-14. (a) The Board of Offender Rehabilitation shall
establish, by appropriate rules and regulations, a program of required
training for all employees of the Department of Offender Rehabilita-
tion and for employees of county correctional institutions who are
authorized to exercise the power of arrest.
(b) The State Board of Pardons and Paroles shall establish, by
appropriate rules and regulations, a program of required training for
all employees of the State Board of Pardons and Paroles who are
authorized to exercise the power of arrest.,
in its entirety.
Part 3
Section 10. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
GEORGIA LAWS 1982 SESSION
2483
Section 11. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 22,1982.
BUILDING PERMIT RECORDS.
Code Sections 84-2124, 43-15-24 Amended.
No. 1562 (House Bill No. 1444).
AN ACT
To amend Code Section 84-2124, relating to safeguarding life,
health, and property by requiring supervision, review, and execution
of certain construction by engineers or architects, as amended, so as
to provide that all counties, municipalities, and other governing
bodies of this state that issue building permits shall be required to
maintain a permanent record of the permit application and issuance
thereon and certain contents thereof; to amend the Official Code of
Georgia Annotated accordingly; to provide for effective dates and
automatic repeal; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 84-2124, relating to safeguarding life,
health, and property by requiring supervision, review, and execution
of certain construction by engineers or architects, as amended, is
amended by designating the first paragraph thereof as subsection (a)
and adding immediately thereafter a new subsection (b) to read as
follows:
(b) Any county, municipality, or other governing body in this
state that issues building permits is required to maintain a permanent
record of the permit application and issuance thereon, which record
2484
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall indicate the name of the professional engineer or architect, if
any, that has sealed the plans, specifications, plats, or reports pursu-
ant to which said building permit is issued, said report to include
details on the size, type of building or structure, use for said building
or structure, and estimated cost of construction.
Part 2
Section 2. Code Section 43-15-24 of the Official Code of Georgia
Annotated, relating to regulations for safeguarding life, health, and
property by requiring supervision, review, and execution of certain
construction by engineers or architects, is amended by adding at the
end a new subsection (c) to read as follows:
(c) Any county, municipality, or other governing body in this
state that issues building permits is required to maintain a permanent
record of the permit application and issuance thereon, which record
shall indicate the name of the professional engineer or architect, if
any, that has sealed the plans, specifications, plats, or reports pursu-
ant to which said building permit is issued, said record to include
details on the size, type of building or structure, use for said building
or structure, and estimated cost of construction.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective July 1,1982.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
GEORGIA LAWS 1982 SESSION
2485
WORKERS COMPENSATION ACT AMENDED.
Code Title 114 Amended.
Code Title 34, Chapter 9 Amended.
No. 1563 (House Bill No. 1464).
AN ACT
To amend Code Title 114, relating to workers compensation, as
amended, so as to provide for the use of certain guides to the
evaluation of permanent impairment; to provide that the basic rates
for policies or contracts of insurance against liability for workers
compensation shall be maintained at a certain level; to provide for
procedures relative to the foregoing; to provide for hearings and
appeals; to change certain provisions relative to the payment of
workers compensation benefits for total disability; to change the
provisions relating to occupational diseases so as to include
byssinosis; to change the definition of the term occupational
disease; to define the term byssinosis; to amend the Official Code
of Georgia Annotated accordingly; to provide effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 0.5. Code Title 114, relating to workers compensation,
as amended, is amended by striking Code Section 114-102 in its
entirety and inserting in lieu thereof a new Code Section 114-102 to
read as follows:
114-102. Injury and personal injury defined; evaluation of
permanent impairment, (a) Injury and personal injury shall mean
only injury by accident arising out of and in the course of the
employment and shall not, except as hereinafter provided, include a
disease in any form except where it results naturally and unavoidably
from the accident, nor shall injury and personal injury include
injury caused by the wilful act of a third person directed against an
employee for reasons personal to such employee, nor shall injury and
personal injury include heart disease, heart attack, the failure or
occlusion of any of the coronary blood vessels, or thrombosis, unless it
is shown by preponderance of competent and creditable evidence that
2486
GENERAL ACTS AND RESOLUTIONS, VOL. I
it was attributable to the performance of the usual work of employ-
ment. Alcoholism or disabilities attributable thereto shall not be
deemed to be injury or personal injury by accident arising out of
and in the course of the employment. Drug addiction or disabilities
resulting therefrom shall not be deemed to be injury or personal
injury by accident arising out of and in the course of employment
except when such addiction was caused by the use of drugs or
medicines prescribed for the treatment of the initial injury by an
authorized physician.
(b) In all cases arising under the Georgia Workers Compensa-
tion Act, any percentage of disability or bodily loss ratings shall be
based upon Guides to the Evaluation of Permanent Impairment
published by the American Medical Association or any other recog-
nized medical books or guides.
Section 1. Said Code Title 114 is further amended by striking
Code Section 114-404 in its entirety and inserting in lieu thereof a
new Code Section 114-404 to 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 average weekly wage but not more than $135.00 per
week nor less than $25.00 per week, except that when the weekly wage
is below $25.00 the employer shall pay a weekly benefit equal to the
average weekly wage.
Section 2. Said Code Title 114 is further amended by adding a
new Code section between Code Sections 114-609 and 114-610, as
amended, to be designated Code Section 114-609.1, to read as follows:
114-609.1. (a) Notwithstanding any other provision of law, all
insurers issuing policies or contracts of insurance against the liability
for compensation under this chapter shall comply with the following
provisions. Each insurers basic rate for policies or contracts of
insurance against the liability for compensation under this chapter
shall not exceed the insurers effective rate approved by and on file
with the Insurance Commissioner as of the effective date of this Code
section. These rates shall remain in effect until April 1,1983.
(b) There shall be no exception to the requirements of subsec-
tion (a) of this Code section unless the Insurance Commissioner finds,
GEORGIA LAWS 1982 SESSION
2487
after a hearing upon the written request of an insurer, that the use of
the rates required under subsection (a) of this Code section by the
insurer will result in rates which are inadequate to the extent that:
(1) Such rates do not properly reflect the insurers loss
experience in this state to the extent that its earned premiums
would not equal its incurred losses or expenses; or
(2) Such rates jeopardize the solvency of the insurer
required to use such rates.
(c) The insurer shall have the burden of showing that the use of
the rate required under subsection (a) of this Code section will result
in rates which are inadequate to the extent that they do not properly
reflect the insurers loss experience in this state or that their use
would jeopardize its solvency. No insurer shall be relieved of using
the required rates if its most recently available experience on such
lines of business shows a net underwriting gain unless, on the basis of
statistical data, pertinent judgment, and trend factors, no other
reasonable conclusion would be appropriate.
(d) Upon conclusion of any hearing held pursuant to this chap-
ter, the Insurance Commissioner shall enter his order specifying the
rates required to be used by the insurer. The Commissioner shall
indicate in his order all the factors entering into a decision relieving
an insurer from full compliance with this Code section. The provi-
sions of Code Chapter 56-2 shall apply to hearings held under this
Code section.
(e) Any insurer appealing from a final order of the Insurance
Commissioner may continue to use its rates then in effect during the
pendency of the appeal, provided arrangements satisfactory to the
Commissioner are made to secure the repayment to the insurers
policyholders of the difference between the rates used by the insurer
and that rate which would be lower as required by this Code section.
Upon final adjudication the insurer shall repay any excess premium
collected from its policyholders plus interest at the rate of 12 percent
per annum.
Section 3. Said Code Title 114 is further amended by striking
Code Section 114-801 in its entirety and inserting in lieu thereof a
new Code Section 114-801 to read as follows:
2488
GENERAL ACTS AND RESOLUTIONS, VOL. I
114-801. General provisions.Where the employer and
employee are subject to the provisions of the workers compensation
law, the disablement or death of an employee resulting from an
occupational disease as hereinafter listed and defined, shall be
treated as the happening of an injury by accident, and the employee
or, in the case of his death, his dependents, shall be entitled to
compensation as provided by the workers compensation law, except
as hereinafter provided, and the practice and procedure prescribed in
such law shall apply to all the proceedings under this Chapter except
as hereinafter otherwise provided: Provided, however, that in no case
shall an employer be liable for compensation under the provisions of
this Chapter except for a disease specified in section 114-803, and
unless such disease arose out of and in the course of employment and
has resulted from the nature of the employment in which the
employee was engaged under such employer and was actually con-
tracted while engaged, meaning by nature of the employment that to
the occupation in which the employee was so engaged, there is
attached the particular hazard of such disease that distinguishes it
from the usual run of occupations and is in excess of the hazards of
such disease attending employment in general, and unless disable-
ment or death results within three years in the case of byssinosis,
silicosis or asbestosis or within one year in the case of any other
occupational disease after the last injurious exposure to the hazard of
such disease in such employment, or, in case of death, unless death
follows continuous disability from such disease commencing within
the period above limited for which compensation has been paid or
awarded or timely claim made as provided by the workers compensa-
tion law, and results within seven years after such last exposure.
Except, however, in cases of disability or death caused by exposure to
X-rays or radioactive substances as listed and defined under section
114-803-2, the time for the filing of such claims shall be within one
year after the date upon which the employee first suffered disability
from the exposure of X-ray and either knew or in the exercise of
reasonable diligence should have known that the occupational disease
was caused by his present or prior employment. Notwithstanding any
other provisions of law, in cases of disability or death resulting from
byssinosis as defined in subsection (c) of Code Section 114-812, the
time for filing claims shall be as provided by this Code Title; pro-
vided, however, that, with respect to cases of disability diagnosed as
byssinosis prior to July 1,1983, such claims shall be filed prior to July
1,1984.
GEORGIA LAWS 1982 SESSION
2489
Section 4. Said title is further amended by adding at the end of
Code Section 114-803 the following:
6. byssinosis.
Section 5. Said title is further amended by striking Code Section
114-812 in its entirety and inserting in lieu thereof a new Code
Section 114-812 to read as follows:
114-812. Definition of silicosis, asbestosis, and byssinosis.
(a) Whenever used in this Chapter, silicosis shall mean a disease of
the lungs caused by breathing silica dust (silicon dioxide) producing
fibrous nodules, distributed through the lungs and demonstrated by
X-ray examination or by autopsy.
(b) Wherever used in this Chapter, asbestosis shall mean a
disease of the lungs, caused by breathing asbestos dust, characterized
anatomically by generalized fibrotic changes in the lungs, demon-
strated by X-ray examination or by autopsy.
(c) Wherever used in this Chapter, byssinosis shall mean a
pulmonary disease due to exposure to cotton dust for a period of
seven years or longer and diagnosed as such by a doctor certified as a
pulmonary specialist by the American Board of Internal Medicine.
Part 2
Section 5.5. Chapter 9 of Title 34 of the Official Code of Georgia
Annotated, relating to workers compensation, is amended by adding
at the end of Code Section 34-9-1 a new paragraph (5) to read as
follows:
(5) In all cases arising under Chapter 9 of Title 34, any percent-
age of disability or bodily loss ratings shall be based upon Guides to
the Evaluation of Permanent Impairment published by the Ameri-
can Medical Association or any other recognized medical books or
guides.
Section 6. Said chapter is further amended by adding a new
Code section between Code Sections 34-9-130 and 34-9-131, to be
designated Code Section 34-9-130.1, to read as follows:
2490
GENERAL ACTS AND RESOLUTIONS, VOL. I
34-9-130.1 (a) Notwithstanding any other provision of law, all
insurers issuing policies or contracts of insurance against the liability
for compensation under this chapter shall comply with the following
provisions. Each insurers basic rate for policies or contracts of
insurance against the liability for compensation under this chapter
shall not exceed the insurers effective rate approved by and on file
with the Insurance Commissioner as of the effective date of this Code
section. These rates shall remain in effect until April 1,1983.
(b) There shall be no exception to the requirements of subsec-
tion (a) of this Code section unless the Insurance Commissioner finds,
after a hearing upon the written request of an insurer, that the use of
the rates required under subsection (a) of this Code section by the
insurer will result in rates which are inadequate to the extent that:
(1) Such rates do not properly reflect the insurers loss
experience in this state to the extent that its earned premiums
would not equal its incurred losses or expenses; or
(2) Such rates jeopardize the solvency of the insurer
required to use such rates.
(c) The insurer shall have the burden of showing that the use of
the rate required under subsection (a) of this Code section will result
in rates which are inadequate to the extent that they do not properly
reflect the insurers loss experience in this state or that their use
would jeopardize its solvency. No insurer shall be relieved of using
the required rates if its most recently available experience on such
lines of business shows a net underwriting gain unless, on the basis of
statistical data, pertinent judgment, and trend factors, no other
reasonable conclusion would be appropriate.
(d) Upon conclusion of any hearing held pursuant to this chap-
ter, the Insurance Commissioner shall enter his order specifying the
rates required to be used by the insurer. The Commissioner shall
indicate in his order all the factors entering into a decision relieving
an insurer from full compliance with this Code section. The provi-
sions of Chapter 33-2 shall apply to hearings held under this Code
section.
(e) Any insurer appealing from a final order of the Insurance
Commissioner may continue to use its rates then in effect during the
pendency of the appeal, provided arrangements satisfactory to the
GEORGIA LAWS 1982 SESSION
2491
Commissioner are made to secure the repayment to the insurers
policyholders of the difference between the rates used by the insurer
and that rate which would be lower as required by this Code section.
Upon final adjudication the insurer shall repay any excess premium
collected from its policyholders plus interest at the rate of 12 percent
per annum.
Section 7. Said chapter is further amended by striking Code
Section 34-9-261 in its entirety and inserting in lieu thereof a new
Code Section 34-9-261 to read as follows:
34-9-261. While the disability to work resulting from an injury
is total, the employer shall pay or cause to be paid to the employee a
weekly benefit equal to two-thirds of the employees average weekly
wage but not more than $135.00 per week nor less than $25.00 per
week, except that when the weekly wage is below $25.00 the employer
shall pay a weekly benefit equal to the average weekly wage.
Section 8. Said chapter is further amended by striking Code
Section 34-9-280 in its entirety and inserting in lieu thereof a new
Code Section 34-9-280 to read as follows:
34-9-280. As used in this article, the term:
(1) Asbestosis means a disease of the lungs which is caused
by breathing asbestos dust and which is characterized anatomi-
cally by generalized fibrotic changes in the lungs as demonstrated
by X-ray examination or by autopsy.
(2) Disablement means the event of an employee becoming
actually incapacitated because of occupational disease from per-
forming his work in the last occupation in wjhich he was injuriously
exposed to the hazards of such disease or from performing any
work in any other occupation for remuneration. Remuneration for
work performed in any other occupation, as herein used, shall
mean remuneration which equals or exceeds 33 1/3 percent of the
average weekly wages of the employee at the time of last injurious
exposure, as determined under Code Section 34-9-260, or $20.00
per week, whichever is less. Disability means the state of being so
totally incapacitated.
(3) Occupational disease means those diseases listed in
this paragraph, but only if any such listed disease is due to causes
2492
GENERAL ACTS AND RESOLUTIONS, VOL. I
and conditions which are characteristic of and peculiar to the
particular trade, occupation, process, or employment in which the
employee is exposed to such disease (excluding all ordinary
diseases of life to which the general public is exposed):
(A) Poisoning by:
(i) Arsenic;
(ii) Benzol (benzene);
(iii) Cadmium;
(iv) Carbon disulfide;
(v) Carbon monoxide;
(vi) Chlorine;
(vii) Chromium;
(viii) Cutting compounds;
(ix) Halogenated hydrocarbons;
(x) Hydrochloric acid;
(xi) Hydrocyanic acid;
(xii) Hydrofluoric acid;
(xiii) Hydrogen sulfide;
(xiv) Lead
(xv) Manganese;
(xvi) Mercury;
(xvii) Methanol (wood alcohol);
(xviii) Nitric acid;
GEORGIA LAWS 1982 SESSION
2493
(xix) Nitrous fumes (oxides of nitrogen);
(xx) Sulfur dioxide;
(xxi) Sulfuric acid; and
(xxii) Zinc;
(B) Diseased condition caused by exposure to X-rays or
radioactive substances;
(C) Asbestosis;
(D) Silicosis;
(E) Byssinosis; and
(F) Other occupational diseases, provided the
employee or the employees dependents first prove to the
satisfaction of the State Board of Workers Compensation (or
the medical board, if the matter in controversy is referred to it
under Code Section 34-9-311) all of the following:
(i) A direct causal connection between the condi-
tions under which the work is performed and the disease;
(ii) That the disease followed as a natural incident
of exposure by reason of the employment;
(iii) That the disease is not of a character to which
the employee may have had substantial exposure outside
of the employment;
(iv) That the disease is not an ordinary disease of
life to which the general public is exposed;
(v) That the disease must appear to have had its
origin in a risk connected with the employment and to
have flowed from that source as a natural consequence.
For the purposes of this subparagraph, partial loss of hearing
due to noise shall not be considered an occupational disease.
2494
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Silicosis means a disease of the lungs which is caused by
breathing silica dust (silicon dioxide) and which produces fibrous
nodules distributed through the lungs as demonstrated by X-ray
examination or by autopsy.
(5) Byssinosis means a pulmonary disease due to exposure
to cotton dust for a period of seven years or longer and diagnosed
as such by a doctor certified as a pulmonary specialist by the
American Board of Internal Medicine.
Section 9. Said chapter is further amended by adding at the end
of Code Section 34-9-281 a new subsection, to be designated subsec-
tion (d), to read as follows:
(d) In cases of disability or death resulting from byssinosis as
defined in paragraph (5) of Code Section 34-9-280, the time for filing
claims shall be as provided by this chapter; provided, however, that,
with respect to cases of disability diagnosed as byssinosis prior to July
1,1983, such claims shall be filed prior to July 1,1984.
Part 3
Section 10. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 11. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 22,1982.
GEORGIA LAWS 1982 SESSION
2495
TORTS TEACHERS AND SCHOOL PERSONNEL
IMMUNITY FROM CIVIL LIABILITY, ETC.
Code Title 51, Chapter 1 Amended.
No. 1564 (House Bill No. 1508).
AN ACT
To amend Chapter 1 of Title 51 of the Official Code of Georgia
Annotated, relating to torts in general, so as to provide immunity
from civil liability for teachers and school personnel giving informa-
tion of minors drug abuse to parents, health care providers, and law
enforcement officials; 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. Chapter 1 of Title 51 of the Official Code of Georgia
Annotated, relating to torts in general, is amended by adding a new
Code Section 51-1-30.1 to read as follows:
51-1-30.1. Teachers and other school personnel shall be immune
from any civil liability for communicating information in good faith
concerning drug abuse by any child to that childs parents, to law
enforcement officials, or to health care providers.
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
2496
GENERAL ACTS AND RESOLUTIONS, VOL. I
FINANCIAL INSTITUTIONS DEFINITIONS.
Code Sections 41 A-102, 7-1-4 Amended.
No. 1565 (House Bill No. 1533).
AN ACT
To amend Code Section 41A-102, relating to definitions, as
amended, so as to provide that the term financial institution shall
include federal credit unions for the purpose of permitting Georgia
state chartered credit unions to charge interest rates equal to interest
rates charged by federal credit unions; to amend the Official Code of
Georgia Annotated accordingly; to provide for effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. Code Section 41 A-102, relating to definitions, as
amended, is amended by striking the last three undesignated para-
graphs of paragraph (7) of subsection (u) of Code Section 41A-102 in
their entirety and inserting in lieu thereof the following:
Section 4lA-3109(a) relating to loans;
Section 41A-9901 relating to criminal prosecutions;
Section 41A-9902 relating to application of Criminal Code provi-
sions; and
Section 41A-9904 relating to illegal gifts and interests.
Part 2
Section 2. Code Section 7-1-4 of the Official Code of Georgia
Annotated, relating to definitions, is amended by striking divisions
(xiii), (xiv), and (xv) of subparagraph (H) of paragraph (21) of Code
Section 7-1-4 in their entirety and inserting in lieu thereof new
divisions (xiii), (xiv), (xv), and (xvi) to read as follows:
GEORGIA LAWS 1982 SESSION
2497
(xiii) Code Section 7-1-658, relating to loans;
(xiv) Code Section 7-1-840, relating to criminal prosecutions;
(xv) Code Section 7-1-841, relating to application of Title 16
provisions; and
(xvi) Code Section 7-1-37, relating to illegal gifts and interests.
Part 3
Section 3. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
PUBLIC REVENUE INCOME TAX
CREDITS, ETC.
Code Section 48-7-29.1 Enacted.
No. 1566 (House Bill No. 1742).
AN ACT
To amend Chapter 7 of Title 48 of the Official Code of Georgia
Annotated, relating to the imposition, rate, and computation of
2498
GENERAL ACTS AND RESOLUTIONS, VOL. I
income tax, so as to provide for certain tax credits; to provide
definitions; to provide limitations; 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. Chapter 7 of Title 48 of the Official Code of Georgia
Annotated, relating to the imposition, rate, and computation of
income tax, as amended, is amended by adding immediately following
Code Section 48-7-29 a new Code Section 48-7-29.1 to read as follows:
48-7-29.1. (a) As used in this Code section, the term:
(1) Handicapped individual means any individual who has
a physical or mental disability, including but not limited to
blindness or deafness, which for such individual constitutes or
results in a functional limitation to employment.
(2) Work place means that portion of the employers place
of business within which an employee is expected to perform the
duties and functions assigned. Work place shall not mean those
portions of the employers place of business which are commonly
used by any individual, including but not limited to parking lots,
doorways, toilets, stairways, elevators, and cafeterias.
(3) Work place modification means any modification of an
employees work place having the purpose and effect of enabling a
handicapped individual to perform those duties and functions
which are required for employment and which the handicapped
person would not be able to perform were it not for such modifica-
tion.
(b) Effective for tax years which begin on or after January 1,
1983, any employer upon whom an income tax is imposed by Chapter
7 of Title 48 shall be allowed a credit against such tax in an amount
equal to 25 percent of the cost of any work place modification.
(c) The credit provided for in subsection (b) shall be taken in the
tax year in which the cost is incurred and shall not exceed 25 percent
of the tax imposed by Chapter 7 of Title 48 without regard to the
credit provided in this Code section or $750.00, whichever is less.
GEORGIA LAWS 1982 SESSION
2499
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
CRIMES FETICIDE.
Code Section 16-5-80 Enacted.
No. 1567 (House Bill No. 1224).
AN ACT
To amend Chapter 5 of Title 16 of the Official Code of Georgia
Annotated, relating to crimes against the person, so as to provide for
the crime of feticide; to provide penalties; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 5 of Title 16 of the Official Code of Georgia
Annotated, relating to crimes against the person, is amended by
adding at the end thereof a new article, to be designated Article 6, to
read as follows:
ARTICLE 6
FETICIDE
16-5-80. (a) A person commits the offense of feticide if he
willfully kills an unborn child so far developed as to be ordinarily
called quick by any injury to the mother of such child, which would
be murder if it resulted in the death of such mother.
2500
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) A person convicted of the offense of feticide shall be pun-
ished by imprisonment for life.
Section 2. This Act shall become effective November 1,1982.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 22,1982.
GEORGIA BOARD OF NURSING.
Code Sections 84-1002, 43-26-4,
43-26-13 Amended.
No. 1568 (Senate Bill No. 499).
AN ACT
To amend Code Section 84-1002, relating to the Board of Nursing,
as amended, so as to continue the Georgia Board of Nursing and the
laws relating thereto but to provide for the later termination of the
board and such laws; to amend Article 1 of Chapter 26 of Title 43 of
the Official Code of Georgia Annotated, relating to the practice and
licensure of registered nurses, so as to make the same change
described above as well as to authorize the Georgia Board of Nursing
to set standards for and regulate the practice of advanced nursing; to
provide for effective dates and automatic repeal; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. Code Section 84-1002, relating to the Board of
Nursing, as amended, is amended by adding at the end thereof a new
subsection (e) to read as follows:
GEORGIA LAWS 1982 SESSION
2501
(e) Pursuant to Section 9 of The Act Providing for the Review,
Continuation, Reestablishment or Termination of Regulatory Agen-
cies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or
hereafter amended, the Georgia Board of Nursing and the laws
relating thereto are hereby continued until July 1,1988, 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 termina-
tion period, the powers or authority of the board shall not be reduced
or otherwise limited. The laws relative to the board shall be contin-
ued 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.
Part 2
Section 2. Article 1 of Chapter 26 of Title 43 of the Official Code
of Georgia Annotated, relating to the practice and licensure of
registered nurses, is amended by adding at the end of subsection (a) of
Code Section 43-26-4, relating to powers of the Georgia Board of
Nursing, a new paragraph (11) to read as follows:
(11) Set standards for and regulate the practice of advanced
nursing.
Section 3. Said article is further amended by striking Code
Section 43-26-13, which reads as follows:
43-26-13. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the Georgia Board of Nursing shall be
terminated on July 1, 1982, and this article and any other laws
relating to such board shall be repealed in their entirety effective on
the date specified in Code Section 43-2-8.,
and inserting in its place a new Code Section 43-26-13 to read as
follows:
43-26-13. Pursuant to Code Section 43-2-3 of the Official Code
of Georgia Annotated, relating to the continuation or reestablishment
2502
GENERAL ACTS AND RESOLUTIONS, VOL. I
of regulatory agencies, the Georgia Board of Nursing and the laws
relating thereto are continued until July 1, 1988, 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 termina-
tion period, the powers or authority of the board shall not be reduced
or otherwise limited. The laws relative to the board shall be contin-
ued 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.
Part 3
Section 4. (a) Except as provided in subsection (c) of this
section, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
(b) Part 1 of this Act shall be repealed effective November 1,
1982.
(c) Part 2 of this Act shall become effective on November 1,
1982.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 30,1982.
GEORGIA LAWS 1982 SESSION
2503
RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
1982
PROPOSING AMENDMENTS
TO THE
CONSTITUTION OF GEORGIA
2504
GENERAL ACTS AND RESOLUTIONS, VOL. I
FULTON COUNTY MUNICIPAL RECREATIONAL
PROGRAMS.
Proposed Amendment to the Constitution.
No. 117 (Senate Resolution No. 38).
A RESOLUTION
Proposing an amendment to Article IX of the Constitution, so as
to authorize the Board of County Commissioners of Fulton County to
make grants not to exceed $5,000.00 to municipalities located wholly
or partially within Fulton County for the conduct of recreational
programs and activities in such municipalities; to provide for the
submission of this amendment for ratification or rejection; and for
other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article IX, Section V, Paragraph I of the Constitution
is hereby amended by adding at the end thereof the following
paragraph:
The Board of Commissioners of Fulton County shall have the
power and authority to make grants in an amount not to exceed
$5,000.00 to municipalities located wholly or partially within Fulton
County for the conduct of recreational programs and activities in such
municipalities.
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
( ) NO so as to provide that the Board of
Commissioners of Fulton County
shall have the power and authority
to make grants in an amount not to
GEORGIA LAWS 1982 SESSION
2505
exceed $5,000.00 to municipalities
located wholly or partially within
Fulton County for the conduct of
recreational programs and activities
in such municipalities?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
POWDER SPRINGS DOWNTOWN DEVELOPMENT
AUTHORITY.
Proposed Amendment to the Constitution.
No. 118 (Senate Resolution No. 225).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize
the General Assembly to modify the provisions governing the Powder
Springs Downtown Development Authority; to provide for the sub-
mission of this amendment for ratification or rejection; and for other
purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article IX, Section VIII, Paragraph II of the Constitu-
tion is amended by adding at the end of that paragraph added by a
constitutional amendment appearing at Ga. L. 1980, p. 2035 the
following:
2506
GENERAL ACTS AND RESOLUTIONS, VOL. I
(s) The General Assembly may by local law modify, expand, or
limit the powers of the authority, change the membership of the
authority, and change the manner of operation of the authority.
Without limiting the generality of the foregoing, the General Assem-
bly is specifically authorized to modify, expand, or limit the power of
taxation of the authority and may provide for exemptions from such
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
( ) NO so as to authorize the General As-
sembly to modify the provisions gov-
erning the Powder Springs Down-
town Development Authority?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2507
UNION COUNTY SALES TAX FOR
EDUCATIONAL PURPOSES.
Proposed Amendment to the Constitution.
No. 119 (Senate Resolution No. 227).
A RESOLUTION
Proposing an amendment to the Constitution so as to require the
Board of Education of the Union County School District to impose,
levy, and collect a 1 percent sales and use tax for educational purposes
from January 1, 1983, until December 31, 1984; 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 VII, Paragraph I of the Constitu-
tion is amended by adding at the end thereof a new undesignated
paragraph to read as follows:
The Board of Education of the Union County School District
shall impose, levy, and collect a sales and use tax for educational
purposes of that school district for a period beginning on January 1,
1983, and ending on December 31,1984. This tax shall be at the rate
of 1 percent, but in all other respects, except as otherwise provided in
this paragraph, shall correspond to the tax provided for by Article 2,
Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating
to the joint county and municipality sales and use tax. No referendum
shall be required for the imposition of this tax. Nothing in this
paragraph shall prohibit Union County and those municipalities
located therein from imposing the joint county and municipality sales
and use tax authorized by Article 2, Chapter 8, Title 48 of the Official
Code of Georgia Annotated, and the tax imposed under this para-
graph shall be in addition to such joint county and municipal sales
and use tax. The Union County School District is authorized to
contract or otherwise provide for the collection and administration of
the tax required to be imposed under this paragraph. The tax
authorized by this paragraph may be imposed, levied, and collected as
provided herein without further action by the General Assembly, but
the General Assembly shall be authorized by local law to control the
2508
GENERAL ACTS AND RESOLUTIONS, VOL. I
subject matter of this paragraph and to further define and implement
its provisions. This authority may be exercised by the General
Assembly notwithstanding any general law heretofore or hereafter
enacted dealing with the subject matter of this paragraph and any
local law adopted pursuant to the authority of this paragraph shall
control that subject matter notwithstanding the provisions of any
conflicting general law. The authority for the tax authorized by this
paragraph shall expire on January 1,1985.
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
( ) NO so as to require the Board of Educa-
tion of the Union County School
District to impose, levy, and collect a
1 percent sales and use tax for educa-
tional purposes for a period begin-
ning on January 1,1983, and ending
on December 31,1984?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2509
CABBAGETOWN HISTORIC DISTRICT AD
VALOREM TAXES.
Proposed Amendment to the Constitution.
No. 120 (Senate Resolution No. 264).
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt
certain capital improvements of the Cabbagetown Historic District
economic reuse establishment and certain additions thereto from all
City of Atlanta and Fulton County ad valorem property taxes,
including ad valorem taxes for school purposes, for a period of seven
years following their establishment or addition; to provide certain
exceptions; 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 amended by adding at the end thereof the following:
The increased value of any property resulting from capital
improvements on such property for the economic reuse establishment
of certified historic structures located within the Cabbagetown His-
toric District shall be exempt from all City of Atlanta and Fulton
County ad valorem taxes, including ad valorem taxes for school
purposes, for seven years from the time of its establishment, provided
such establishment has capital improvements of $1 million. The
value of any property in existence at the time of any capital improve-
ment shall not be exempt from taxation. The increased value of any
property resulting from each addition to the capital improvements on
such property for the economic reuse establishment of the
Cabbagetown Historic District for new commercial development in
conjunction with certified historic structures within the district shall
be exempt from all City of Atlanta and Fulton County ad valorem
taxes, including ad valorem taxes for school purposes, for seven years
from the time of its establishment, provided such establishment has
capital improvements of $1 million or more and provided the addition
results in a substantial increase in employment for the district. The
value of any property in existence at the time of any such addition
2510
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall be treated as heretofore provided in this paragraph. For the
purpose of this exemption, the term economic reuse establishment
shall mean and include every person, firm, partnership, or corpora-
tion engaged in the redevelopment of the district in conjunction with
certified historic structures. The term capital improvements shall
mean and include buildings, machinery, and equipment directly
connected with and included in the economic redevelopment plans
for the district. The exemptions provided in this paragraph shall not
apply to increased values in property resulting from investments and
capital improvements starting in such property after December 31,
1985.
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
( ) NO so as to exempt the increased value
of property resulting from certain
capital improvements of the Cab-
bagetown Historic District economic
reuse establishment and certain ad-
ditions thereto from all City of At-
lanta and Fulton County ad valorem
property taxes, including ad valorem
taxes for school purposes, for a pe-
riod of seven years following their es-
tablishment or addition?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2511
PAULDING COUNTY SCHOOL DISTRICT
HOMESTEAD EXEMPTION FOR EDUCATIONAL
PURPOSES.
Proposed Amendment to the Constitution.
No. 121 (Senate Resolution No. 266).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that
the homestead of each resident of the Paulding 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 Paulding County School District, including ad
valorem taxation to pay interest on or to retire school bond indebted-
ness, in the amount of 50% of the assessed value of such homestead
minus any applicable exemptions otherwise provided by this Consti-
tution on such homestead for educational purposes, and to provide
that the homestead of each resident of the Paulding 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
purposes levied by or on behalf of the Paulding County School
District, including ad valorem taxation to pay interest on or to retire
school bond indebtedness; to provide for the submission of this
amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu-
tion is hereby amended by adding at the end thereof:
The homestead of each resident of the Paulding 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 Paulding County School District, including ad
valorem taxation to pay interest on or to retire school bond indebted-
ness, in the amount of 50% of the assessed value of such homestead
minus any applicable exemptions otherwise provided by this Consti-
tution on such homestead for educational purposes. The value of all
property in excess of the above exempted amount shall remain
subject to taxation for educational purposes. The homestead of each
2512
GENERAL ACTS AND RESOLUTIONS, VOL. I
resident of the Paulding County School District who is 70 years of age
or older, regardless of income, shall be completely exempt from all ad
valorem taxation for educational purposes levied by or on behalf of
the Paulding County School District. As used herein, the term
homestead shall include only the homestead of each resident of the
Paulding County School District actually occupied by the owner as a
residence and homestead, and only so long as actually occupied by the
owner primarily as such. No such exemption shall be granted unless
an affidavit of the owner of the homestead is filed with the tax
receiver or tax commissioner of Paulding County giving the age of the
owner. The owner may be required to furnish such additional proof of
age as may be requested by the tax receiver or tax commissioner prior
to the receipt of such exemption provided for herein. The tax receiver
or tax commissioner shall provide affidavit forms for this purpose.
The exemption granted to the homestead within this paragraph shall
extend to and shall apply to those properties, the legal title to which is
fixed in one or more title holders, if actually occupied by one or more
such owners as a residence, and one or more such title holders
possesses the qualifications provided for in this paragraph. In such
instances, such exemptions shall be granted to such properties, if
claimed in the manner herein provided by one or more of the owners
actually residing on such property. Such exemptions shall also
extend to those homesteads, the title to which is fixed in an adminis-
trator, executor, or trustee, if one or more of the heirs or cestui que
uses residing on such property shall possess the qualifications for
herein and shall claim the exemptions granted by this paragraph in
the manner herein provided. The exemption provided for herein shall
apply to all taxable years beginning after December 31,1983.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution of Georgia of 1976.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to provide that the homestead
of each resident of the Paulding
County School District who is 65
years of age or over, regardless of in-
come, shall be exempt from ad
valorem taxation for educational
purposes levied by or on behalf of
the Paulding County School Dis-
GEORGIA LAWS 1982 SESSION
2513
trict, 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 ex-
emptions otherwise provided by this
Constitution on such homestead for
educational purposes, and to provide
that the homestead of each resident
of the Paulding County School Dis-
trict who is 70 years of age or over,
regardles of income, shall be com-
pletely exempt from all ad valorem
taxation for educational purposes
levied by or on behalf of the Paul-
ding County School District, includ-
ing ad valorem taxation to pay inter-
est on or to retire school bond
indebtedness?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
State.
POLK COUNTY JURISDICTION OF JUSTICES
OF THE PEACE.
Proposed Amendment to the Constitution.
No. 122 (Senate Resolution No. 267).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase
from two hundred dollars to five hundred dollars the civil jurisdiction
of justices of the peace in Polk County; to provide for the submission
of this amendment for ratification or rejection; and for other pur-
nones.
2514
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitu-
tion is amended by adding at the end thereof the following paragraph:
Provided, however, that in Polk 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 five hundred dollars, and
shall sit monthly at fixed times and places, but in all cases there may
be an appeal to a jury in said court, or an appeal to the superior court
under such 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
( ) NO so as to increase from two hundred
dollars to five hundred dollars the
civil jurisdiction of justices of the
peace in Polk County?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2515
HENRY COUNTY HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 123 (Senate Resolution No. 292).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a
homestead exemption of $20,000.00 from all Henry County School
District ad valorem taxes for each resident of the Henry County
School District who is 62 years of age or over or who is disabled if his
income from all sources, together with the income of all members of
his family who also occupy and reside at such homestead, does not
exceed $12,000.00; 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 amended by striking the following paragraph:
For purposes of the application in Henry County of any exemp-
tion granted pursuant to the provisions of the immediately preceding
paragraph from ad valorem taxes for educational purposes, the
amount of the exemption is hereby specified to be $20,000.00 and the
maximum income qualification as qualified in the immediately pre-
ceding paragraph is hereby changed from $6,000.00 to $12,000.00.,
and inserting in lieu thereof the following:
Any other provision of this Constitution to the contrary notwith-
standing, the homestead of each resident of the Henry County School
District who is 62 years of age or over or disabled and who does not
have an income from all sources, including the income of all members
of the family residing within said homestead, exceeding $12,000.00
per annum, may be exempt by law from all ad valorem taxation for
educational purposes levied for and in behalf of such school system,
including taxes to retire school bond indebtedness. The exemption
shall not exceed $20,000.00 of the homesteads assessed value. The
value of the residence in excess of the above-exempted amount shall
remain subject to taxation. No such exemption shall be granted
2516
GENERAL ACTS AND RESOLUTIONS, VOL. I
unless an affidavit of the owner of the homestead is filed with the Tax
Receiver or Tax Commissioner of his county giving his age, the
amount of income which he received for the immediately preceding
calendar year, the income which the members of his family residing
within the homestead received for such period, and such other
additional information relative to receiving the benefits of the exemp-
tion granted by this paragraph as will enable the Tax Receiver or Tax
Commissioner to make a determination as to whether such owner is
entitled to said exemption. The Tax Receiver or Tax Commissioner
shall provide affidavit forms for this purpose. In order to qualify for
the exemption provided for herein as being disabled, a disabled
person claiming such exemption shall be required to obtain and
submit with such affidavit a certificate from not more than two
physicians licensed to practice medicine under the laws of Georgia, as
now or hereafter amended, certifying that in the opinion of such
physician or physicians such person is mentally or physically incapac-
itated to the extent that such person is unable to be gainfully
employed and that such incapacity is likely to be permanent. Pro-
vided, that after any such owner has filed the proper affidavit, and
certificate or certificates if disabled, as provided above, and has been
allowed the exemption provided herein, it shall not be necessary that
he make application and file the said affidavit and certificate there-
after for any year and the said exemption shall continue to be allowed
to such owner. It shall be the duty of any such owner, however, to
notify the Tax Commissioner in the event he becomes ineligible for
any reason for the exemption provided in this paragraph. The
exemption granted to the homestead within this paragraph shall
extend to and shall apply to those properties, the legal title to which is
vested in one or more title holders, if actually occupied by one or more
such owners as a residence, and one or more such title holders
possesses the qualifications provided for in this paragraph. In such
instances, such exemptions shall be granted to such properties, if
claimed in the manner herein provided by one or more of the owners
actually residing on such property. Such exemptions shall also
extend to those homesteads, the title to which is vested in an
administrator, executor or trustee, if one or more of the heirs or cestui
que uses residing on such property shall possess the qualifications
provided for herein and shall claim the exemptions granted by this
paragraph in the manner herein provided. The General Assembly
may provide by law for the proper administration of this exemption,
including penalties necessary therefor. The homestead exemptions
provided for herein shall apply to all taxable years beginning after
December 31,1982.
GEORGIA LAWS 1982 SESSION
2517
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
( ) NO so as to provide a homestead exemp-
tion of $20,000.00 from all Henry
County School District ad valorem
taxes for each resident of the Henry
County School District who is 62
years of age or over or who is dis-
abled if his income from all sources,
together with the income of all mem-
bers of his family who also occupy
and reside at such homestead, does
not exceed $12,000.00?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
HENRY COUNTY HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 124 (Senate Resolution No. 293).
A RESOLUTION
Proposing an amendment to the Constitution so as to change
certain provisions relating to the homestead exemption for persons in
Henry County; to provide for submission of this amendment for
ratification or rejection; and for other purposes.
2518
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu-
tion is hereby amended by adding after the following paragraph:
The homestead of each resident of Georgia actually occupied by
the owner as a residence and homestead, and only so long as actually
occupied by the owner primarily as such, but not to exceed $2,000.00
of its value, is hereby exempted from all ad valorem taxation for
State, County and school purposes, except taxes levied by municipali-
ties for school purposes and except to pay interest on and retire
bonded indebtedness, provided, however, should the owner of a
dwelling house on a farm, who is already entitled to homestead
exemption, participate in the program of rural housing and obtain a
new house under contract with the local housing authority, he shall be
entitled to receive the same homestead exemption as allowed before
making such contract. The General Assembly may from time to time
lower said exemption to not less than $1,250.00. The value of all
property in excess of the foregoing exemptions shall remain subject to
taxation. Said exemptions shall be returned and claimed in such
manner as prescribed by the the General Assembly. The exemption
herein provided for shall not apply to taxes levied by municipalities.,
a new paragraph to read as follows:
For purposes of the application in Henry County of the exemp-
tion granted in the immediately preceding paragraph from ad val-
orem taxation for state, county, and school purposes, except taxes
levied by municipalities for school purposes and except taxes to pay
interest on and retire bonded indebtedness, the amount of the
exemption is hereby increased to $4,000.00.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to increase the homestead ex-
emption for residents of Henry
County from ad valorem taxation for
GEORGIA LAWS 1982 SESSION
2519
state, county, and school purposes,
except taxes levied by municipalities
for school purposes and taxes to pay
interest on and retire bonded in-
debtedness, from $2,000.00 to
$4,000.00?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
HENRY COUNTY HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 125 (Senate Resolution No. 294).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a
homestead exemption of $6,000.00 from Henry County ad valorem
taxes for each resident of Henry County who is 65 years of age or over
or who is disabled if his net income, together with the net income of
his spouse who also occupies and resides at such homestead, does not
exceed $6,000.00, exclusive of certain retirement, survivor, disability,
and pension benefits; to provide for the submission of this amend-
ment 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 amended by striking the following paragraph:
For purposes of the application of the exemption granted in the
immediately preceding paragraph from county ad valorem taxes in
2520
GENERAL ACTS AND RESOLUTIONS, VOL. I
Henry County, the amount of the exemption is hereby increased to
$6,000.00 and the maximum income qualification as qualified in the
immediately preceding paragraph is hereby changed from $4,000.00
to $6,000.00.,
and inserting in lieu thereof the following:
Each person who is 65 years of age or over or who is disabled is
hereby granted an exemption from Henry County ad valorem taxes in
the amount of $6,000.00 on a homestead owned and occupied by him
as a residence if his net income, together with the net income of his
spouse who also occupies and resides at such homestead, as net
income is defined by Georgia law, from all sources, except as herein-
after provided, does not exceed $6,000.00 for the immediately preced-
ing taxable year for income tax purposes. For the purposes of this
paragraph, net income shall not include income received as retire-
ment, survivor, or disability benefits under the Federal Social Secu-
rity Act or under any other public or private retirement, disability, or
pension system, except such income which is in excess of the maxi-
mum 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 taxa-
tion. In order to qualify for the exemption provided for herein as
being disabled, the person claiming such exemption shall be required
to obtain a certificate from not more than two physicians licensed to
practice medicine under the laws of Georgia, as now or hereafter
amended, certifying that in the opinion of such physician or physi-
cians such person is mentally or physically incapacitated to the extent
that such person is unable to be gainfully employed and that such
incapacity is likely to be permanent. Any such owner shall not receive
the benefits of such homestead exemption unless he or she or his or
her agent files an affidavit with the tax commissioner of Henry
County, giving his or her age, or if disabled the certificate or certifi-
cates provided for herein, and the amount of income which he or she
and his or her spouse received during the last taxable year for income
tax purposes, and such additional information relative to receiving
the benefits of such exemption as will enable the tax commissioner to
make a determination as to whether such owner is entitled to such
exemption. The tax commissioner shall provide affidavit forms for
this purpose. Such applications shall be processed in the same
manner as other applications for homestead exemption, and the
GEORGIA LAWS 1982 SESSION
2521
provisions of law applicable to the processing of homestead exemp-
tions, as the same now exists or may hereafter be amended, shall
apply thereto. Provided, that after any such owner has filed the
proper affidavit, and certificate or certificates if disabled, as provided
above, and has been allowed the exemption provided herein, it shall
not be necessary that he or she make application and file the said
affidavit and certificate thereafter for any year and the said exemp-
tion shall continue to be allowed to such owner. It shall be the duty of
any such owner, however, to notify the tax commissioner in the event
he or she becomes ineligible for any reason for the exemption pro-
vided in this paragraph. The General Assembly may provide by law
for the proper administration of this exemption, including penalties
necessary therefor. The homestead exemption provided for herein
shall apply to all taxable years beginning after December 31,1982.
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
( ) NO so as to provide a homestead exemp-
tion of $6,000.00 from Henry County
ad valorem taxes for each resident of
Henry County who is 65 years of age
or over or who is disabled if his net
income, together with the net in-
come of his spouse who also occupies
and resides at such homestead, does
not exceed $6,000.00, exclusive of
certain retirement, survivor, disabil-
ity, and pension benefits?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
2522
GENERAL ACTS AND RESOLUTIONS, VOL. I
RABUN COUNTY SALES TAX FOR
EDUCATIONAL PURPOSES.
Proposed Amendment to the Constitution.
No. 126 (Senate Resolution No. 309).
A RESOLUTION
Proposing an amendment to the Constitution so as to require the
Board of Education of the Rabun County School District to impose,
levy, and collect a 1 percent sales and use tax for educational purposes
and to adjust millage rate limitations upon and the millage rate levied
by the Rabun County School District on and after January 1,1984, to
take into account the proceeds received from that tax by the school
district the preceding year; to provide for the submission of this
amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VIII, Section VII, Paragraph I of the Constitu-
tion is amended by adding at the end thereof a new undesignated
paragraph to read as follows:
The Board of Education of the Rabun County School District
shall impose, levy, and collect a sales and use tax for educational
purposes of that school district. This tax shall be at the rate of 1
percent, but in all other respects, except as otherwise provided in this
paragraph, shall correspond to the tax provided for by Article 2,
Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating
to the joint county and municipality sales and use tax. The ad
valorem tax millage rate limitation applicable to the Rabun County
School District under this Section VII of the Constitution shall be
reduced for every taxable year beginning on or after January 1,1984,
by a millage rate which, if levied against property taxable for educa-
tional purposes within the Rabun County School District, would
produce an amount of revenue equal to the proceeds of the local sales
and use tax received by that school district in the immediately
preceding taxable year. The Rabun County School District shall also
comply with the provisions of Code Section 48-8-91 as if the Rabun
County School District were a county or municipality within the
meaning of that Code section and as if the tax provided for herein
GEORGIA LAWS 1982 SESSION
2523
were levied pursuant to Article 2, Chapter 8, Title 48 of the Official
Code of Georgia Annotated. No referendum shall be required for the
imposition of this tax. Nothing in this paragraph shall prohibit
Rabun County and those municipalities located therein from impo-
sing as an additional tax that joint county and municipality sales and
use tax authorized by Article 2, Chapter 8, Title 48 of the Official
Code of Georgia Annotated. The Rabun County School District is
authorized to contract or otherwise provide for the collection and
administration of the tax required to be imposed under this para-
graph. The tax authorized by this paragraph may be imposed, levied,
and collected as provided herein without further action by the
General Assembly, but the General Assembly shall be authorized by
local law to control the subject matter of this paragraph and to
further define and implement its provisions. This authority may be
exercised by the General Assembly notwithstanding any general law
heretofore or hereafter enacted dealing with the subject matter of this
paragraph and any local law adopted pursuant to the authority of this
paragraph shall control that subject matter notwithstanding the
provisions of any conflicting general law.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to require the Board of Educa-
tion of the Rabun County School
District to impose, levy, and collect a
1 percent sales and use tax for educa-
tional purposes and to adjust millage
rate limitations upon and the mil-
lage rate levied by the Rabun
County School District on and after
January 1,1984, to take into account
the proceeds received from that tax
by the school district the preceding
year?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
2524
GENERAL ACTS AND RESOLUTIONS, VOL. I
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
HAPEVILLE DEVELOPMENT AUTHORITY.
Proposed Amendment to the Constitution.
No. 127 (Senate Resolution No. 320).
A RESOLUTION
Proposing an amendment to the Constitution of the State of
Georgia so as to create the Hapeville Development Authority; to
provide for the powers, authority and duty of such Authority; to
authorize the Authority to issue its revenue bonds, and to provide for
the method and manner of such issuance and for validation thereof; to
authorize the Authority to contract with the City of Hapeville and
with the State of Georgia and any departments, institutions, agencies,
municipalities, counties or political subdivisions of the State of
Georgia, public corporations and others; to authorize the City of
Hapeville to contract with the Authority for the use by the City of
Hapeville or the residents thereof of any facilities or services of the
Authority, and to authorize said city to create special tax districts and
to levy taxes and to expend tax monies from said tax districts as well
as tax funds of the city and other available funds of the city and to
authorize the city to make payment thereof to the Authority upon
such terms as may be provided in any contract entered into by and
between the Authority and the City of Hapeville; to authorize the
establishment of such rules and regulations and procedures as are
necessary to accomplish the lawful purpose of said Authority; to
provide for submission of this amendment for ratification or rejec-
tion; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1982 SESSION
2525
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article IX, Section IV, Paragraph II of the Constitu-
tion of the State of Georgia is hereby amended by adding at the end
thereof the following:
HAPEVILLE DEVELOPMENT AUTHORITY
1. Creation. There is hereby created a body, corporate and
politic to be known as the Hapeville Development Authority which
shall be deemed to be an instrumentality and political subdivision of
the State of Georgia and a public corporation thereof and by that
name, style and title said body may contract and be contracted with,
sue and be sued, implead and be impleaded and complain and defend
in all courts of law and equity.
2. Purpose. The said Authority is created for the purpose of
acquiring, constructing, adding to, extending, improving, equipping,
maintaining, and operating any public industrial, commercial, busi-
ness or office projects, buildings and other public facilities, parking
lots or garages and other parking structures and any and all other
facilities useful or desirable in connection therewith, acquiring the
necessary property therefor, both real and personal, with the right to
contract for the use of or to lease or sell any or all of such facilities,
including real property, and to do any and all things deemed by the
Authority necessary, convenient or desirable for and incident to the
efficient and proper development and operation thereof, and to attain
development and promote for the public good, general welfare, trade,
commerce, industry and employment opportunities and to promote
the general welfare of the community, by creating a climate favorable
to the location of new industry, trade and commerce, and the develop-
ment of existing industry, trade and commerce, and same is vested
with authority to ascertain and designate areas it deems proper to be
blighted, retarded or slum areas which constitute a serious and
growing menace injurious to the public health, safety, morals and
welfare of the residents of the City of Hapeville; the existence of such
areas constitutes substantially and increasingly to the spread of
disease, crime and constitutes increasingly an economic and social
liability, substantially impairs or arrests the sound growth of the
municipality, retards the provision of housing for commercial accom-
modations, aggravates traffic problems and substantially impairs or
arrests the elimination of traffic hazards and the improvement of

2526 GENERAL ACTS AND RESOLUTIONS, VOL. I
traffic facilities; and the prevention and elimination of such areas is a
matter of State and local policy and State and local concern in order
that the State and its political subdivisions shall not continue to be
endangered by areas which are focal centers of economic and social
liability, and while contributing little to the tax income of the State
and its municipalities, consume an excessive proportion of its revenue
because of the extra services required for police, fire, accident,
hospitalization and other forms of public protection, services and
facilities; in order to alleviate the aforesaid problems and to accom-
plish the aforestated purpose, the Authority shall be vested with such
powers as are necessary to accomplish same by acquisition, clearance
and disposition subject to use restrictions of property, both real and
personal, since the prevailing condition of decay may make impracti-
cal the reclamation of the area by conservation or rehabilitation; some
areas or portions thereof may be susceptible to conservation or
rehabilitation in such a manner that the conditions and evils herein-
above enumerated may be eliminated or remedied or prevented and
to the extent feasible, savable areas should be conserved and rehabili-
tated through voluntary private action and regulatory processes; and
the Authority may do any and all things deemed by such Authority
necessary, convenient or desirable for and incident to the efficient
proper development and operation thereof.
3. Membership. The Authority shall consist of nine (9) mem-
bers, one of whom shall be the Mayor of the City of Hapeville,
Georgia, or his designated member from the City Council of the City
of Hapeville.
(a) Qualifications. All persons who have resided within the
limits of the City of Hapeville for at least six months shall be eligible
for nomination to membership on the Authority.
(b) Composition and Appointments. The remaining eight posi-
tions for membership in the Authority shall be comprised as follows:
The eight positions shall be filled by resolution of the Mayor and
Council of Hapeville. The Mayor of the City of Hapeville or his
designee shall serve during the term of office for which he was elected.
The Chairman of the Authority shall be selected by a majority of its
members at the first annual meeting of each calendar year. The
members of the Authority shall serve four (4) year staggered terms as
follows: For the initial membership of the Authority, of the eight (8)
positions filled by resolution of the Mayor and Council of Hapeville,
two positions shall be filled for a one-year term, two positions shall be
GEORGIA LAWS 1982 SESSION
2527
filled for two-year terms, two positions shall be filled for three-year
terms and two positions for a four-year term. Thereafter, upon
completion of a term for appointment, each successor shall be
appointed for a four-year term and until their successors have been
selected and appointed. Any member of the Authority may be
selected and appointed to succeed himself. All appointments shall be
for a term commencing on January 1 and ending December 31. The
members of the Authority shall enter upon their duties immediately
after such appointment. The Authority shall elect one of its members
to serve as Vice Chairman who shall be elected for a term of one year
or until his successor is selected and qualified and annually thereafter
the Authority shall select one of its members in the same manner for a
one-year term. The Authority shall also select a Secretary-Treasurer
which Secretary-Treasurer need not necessarily be a member of the
Authority and, if not a member, he or she shall have no voting rights
and said Secretary-Treasurer shall be elected to serve at the pleasure
of the Authority. No member of the Authority shall hold more than
one office except that of Secretary-Treasurer. Four members of the
Authority shall constitute a quorum. A majority of the members shall
be empowered to exercise the rights and perform all the duties of the
Authority and no vacancies on the Authority shall impair the right of
the quorum to act. In the event of a vacancy on the Authority through
death, resignation or otherwise, the same shall be filled for the
unexpired term of the member ceasing to be a member of such
Authority for any reason in the same manner that such member
originally became a member of the Authority. The Authority shall
make rules and regulations for its own government. It shall have
perpetual existence. In the event the number of members of the
Authority or the qualifications of the membership or the manner in
which the members of the Authority shall be selected shall ever be the
subject of change, the same may be accomplished by an Act of the
General Assembly, except that the General Assembly may not alter
the term of office of any duly appointed member then serving.
4. Definitions. As used herein the following words and terms
shall have the following meanings:
(a) The word Authority shall mean the Hapeville Development
Authority herein created.
(b) The word Project shall be deemed to mean and include the
acquisition, construction, installation, leasing, furnishing, or equip-
ping of new industrial, commercial, business, office, trade or public
2528
GENERAL ACTS AND RESOLUTIONS, VOL. I
facilities or the improvement, modification, renovation, acquisition,
expansion, modernization, rehabilitation, leasing, equipping, furnish-
ing, or remodeling of existing industrial, commercial, business, office,
trade, or public facilities located or to be located within the City of
Hapeville, including, but not limited to: one or more buildings or
structures to be used in the production, manufacturing, processing,
assembling, storing or handling of any agricultural, manufactured,
mining or industrial product, or any combination of the foregoing; one
or more buildings or structures or property useful or necessary in the
transportation of persons or property; one or more buildings or
structures or property to be used, maintained and operated as a
multi-use coliseum and civic center type facilities to be used for
athletic contests, games, meetings, trade fairs, expositions, political
conventions, agricultural events, theatrical and musical performances
and all other public entertainments permitted by law, and the usual
facilities related thereto, including, without limitation, refreshment
stands and restaurants; one or more buildings or structures or prop-
erty useful or necessary in the accommodations of people, including
but without limitation, any hotel, motel, motor inn, lodging house,
lodge or any combination thereof; one or more buildings or structures
used for any industrial, commercial business, office, public or other
use; and parking facilities or parking areas, including but not limited
to related buildings and the usual and convenient facilities appertain-
ing to such undertakings, and extensions and improvements of such
facilities.
(c) The term cost of project shall include: all costs of construc-
tion, purchase or other form of acquisition; all costs of real or personal
property required for the purposes of such project and of all facilities
related thereto, including land and any rights or undivided interest
therein, easements, franchises, water rights, fees, permits, approvals,
licenses and certificates and the securing of such franchises, permits,
approvals, licenses and certificates and the preparation of applica-
tions therefor; all machinery, equipment, initial fuel and other sup-
plies required for such project; financing charges, interest prior to and
during construction and during such additional period as the Author-
ity may reasonably determine to be necessary for the placing of such
project in operation; costs of engineering architectural and legal
services; fees paid to fiscal agents for financial and other advice or
supervision; cost of plans and specifications and all expenses neces-
sary or incidental to the construction, purchase or acquisition of the
completed project or to determining the feasibility or practicability of
the project; administrative expenses and such other expenses as may
GEORGIA LAWS 1982 SESSION
2529
be necessary or incidental to the financing herein authorized. There
may also be included, as part of such cost of project, the repayment of
any loans made for the advance payment of any part of such cost,
including the interest thereon at rates to be determined by the
Authority, which loans are hereby authorized if made payable solely
from the proceeds of such Authoritys bonds or notes or revenues to
be received in connection with the leasing sale or financing of the
project. The cost of any project may also include a fund or funds for
the creation of a debt service reserve, a renewal and replacement
reserve, and such other reserves as may be reasonably required by the
Authority with respect to the financing and operation of its projects
and as may be authorized by any bond resolution or trust agreement
or indenture pursuant to the provisions of which the issuance of any
such bonds may be authorized. Any obligation or expense incurred
for any of the foregoing purposes shall be regarded as a part of the
cost of the project and may be paid or reimbursed as such out of the
proceeds of revenue bonds or notes issued.
(d) The terms revenue bonds and bonds shall mean any bonds
of the Authority which are hereunder authorized to be issued, includ-
ing refunding bonds, as though such revenue bonds had originally
been authorized to be issued under the provisions of the Revenue
Bond Law (Ga. Laws 1957, p. 36, et seq., as amended) amending the
law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws
1937, p. 761, et seq., as amended) and in addition shall also mean any
obligations of the Authority, the issuance of which are hereinafter
specifically provided for.
(e) Any project or combination of projects shall be deemed self-
liquidating if, in the judgment of the Authority the revenues and
earnings to be derived by the Authority therefrom, including, but not
limited to, any revenues derived from the City of Hapeville or other
political subdivision under any contracts with the Authority, will be
sufficient to pay the cost of operating, repairing and maintaining the
project to pay the principal and interest on the revenue bonds which
may be issued to finance, in whole or in part, the cost of such project,
projects, or combination of projects.
5. Powers. The Authority shall have the powers:
(a) To sue and be sued, except as expressly provided for herein;
2530
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) To adopt and alter a corporate seal;
(c) To acquire by purchase, lease or otherwise, and to hold, lease
and dispose of real and personal property of every kind and character
for its corporate purposes;
(d) To acquire in its own name by purchase, on such terms and
conditions and in such manner as it may deem proper, or by condem-
nation, upon the approval of the Mayor and Council of the City of
Hapeville, and in accordance with the provisions of any and all laws
applicable to the condemnation of property for public use, real
property, or rights or easements therein, or franchises necessary or
convenient for its corporate purposes, and to use the same so long as
its corporate existence shall continue and to lease or make contracts
with respect to the use of or dispose of the same in any manner it
deems to the best advantage of the Authority, the Authority being
under no obligation to accept and pay for any property condemned
under the provisions hereof, except from the funds provided under
the authority hereof, and in any proceedings to condemn, such orders
may be made by the court having jurisdiction of the suit, action or
proceedings as may be just to the Authority and to the owners of the
property to be condemned; and no property shall be acquired under
the provisions hereof upon which any lien or other encumbrance
exists, unless at the time such property is so acquired a sufficient sum
of money be deposited in trust to pay and redeem the fair value of
such lien or encumbrance;
(e) To appoint, select and employ officers, agents and employ-
ees, including engineering, architectural and construction experts,
fiscal agents and attorneys, and fix their respective compensations;
(f) To make contracts and leases and to execute all instruments
necessary or convenient, including contracts for construction of pro-
jects and leases of projects or contracts with respect to the use of
projects which it causes to be erected or acquired, and to contract
with the City of Hapeville and with the State of Georgia and any
departments, institutions, agencies, counties, municipalities or politi-
cal subdivisions of the State of Georgia, public corporations and with
others upon such terms and for such purposes as may be deemed
advisable for a term not exceeding fifty years; and the City of
Hapeville is hereby authorized to enter into contracts and related
agreements for the use by the City of Hapeville or the residents hereof
of any project, structure, building or facility or a combination of two
GEORGIA LAWS 1982 SESSION
2531
or more projects, structures, buildings or facilities of the Authority for
a term not exceeding fifty years; and said City shall be and the same is
hereby specifically authorized to levy taxes, without limitation as to
rate or amount, and to expend tax monies of the City and any other
available funds and to obligate said City to make payment thereof to
the Authority upon such terms as may be provided in any contract
entered into by and between the Authority and the City of Hapeville,
in order to enable the Authority to pay the principal of and interest on
any of its bonds as same mature and to create and maintain a reserve
for that purpose and also to enable the Authority to pay the cost of
maintaining, repairing and operating the property or facilities so
furnished by said Authority;
(g) To acquire, construct, own, repair, add to, extend, improve,
equip, operate, maintain and manage projects, as hereinabove
defined, the cost of any such project to be paid, in whole or in part,
from the proceeds of revenue bonds of the Authority or from such
proceeds and any grant or contribution from the United States of
America or any agency or instrumentality thereof or from the State of
Georgia or any agency or instrumentality thereof;
(h) 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
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;
(i) 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;
(j) To accept loans and/or grants of money or materials or
property of any kind from the United States of America or any agency
or instrumentality thereof, upon such terms and conditions as the
2532
GENERAL ACTS AND RESOLUTIONS, VOL. I
United States of America or such agency or instrumentality may
require;
(k) To accept loans and/or grants of money or materials or
property of any kind from the State of Georgia or any agency or
instrumentality or political subdivision thereof, upon such terms and
conditions as the State of Georgia or such agency or instrumentality
or political subdivision may require;
(l) To borrow money for any of its corporate purposes and to
issue negotiable revenue bonds payable solely from funds pledged for
that purpose, and to provide for tbe payment of the same and for the
rights of the holders thereof;
(m) To exercise any power usually possessed by private corpora-
tions performing similar functions, which is not in conflict with the
Constitution and laws of this State; and
(n) To do all things necessary or convenient to carry out the
powers expressly given hereunder.
6. Revenue Bonds. The Authority, or any authority or body
which has or which may in the future succeed to the powers, duties
and liabilities vested in the Authority created hereby, shall have
power and is hereby authorized to provide by resolution for the
issuance of negotiable revenue bonds, subject to the approval by the
Mayor and Council of the City of Hapeville, for the purpose of paying
all or any part of the cost as herein defined of any one or more
projects. The principal of and interest on such revenue bonds shall
be payable solely from the special funds herein provided for such
payment. The bonds of each issue shall be dated, shall bear interest at
such rate or rates per annum, payable at such time or times, shall
mature at such time or times not exceeding 40 years from their date or
dates, shall be payable in such medium of payment as to both
principal and interest as may be made redeemable before maturity, at
the option of the Authority, at such price or prices and under such
terms and conditions as may be fixed by the Authority in the
resolution providing for the issuance of the bonds.
7. Same; Form; Denomination; Registration; Place of Payment.
The Authority shall determine the form of the bonds, including any
interest coupons to be attached thereto, and shall fix the denomi-
nation or denominations of the bonds and the place or places of
GEORGIA LAWS 1982 SESSION
2533
payment of the principal thereof and the interest thereon, which may
be at any bank or trust company within or without the State. The
bonds may be issued in coupon or registered forms, or both, as the
Authority may determine, and provision may be made for the regis-
tration of any coupon bond as to principal alone and also as to both
principal and interest.
8. Same; Signature; Seal. In case any officer whose signature
shall appear on any bonds or whose facsimile signature shall appear
on any coupon shall cease to be such officer before the delivery of such
bonds, such signature shall nevertheless be valid and sufficient for all
purposes, the same as if such officer had remained in office until such
delivery. All such bonds shall be signed by the Chairman of the
Authority and the official seal of the Authority shall be affixed
thereto and attested by the Secretary-Treasurer of the Authority.
Either of such signatures on any coupons may be by facsimile
signature of the Chairman and Secretary-Treasurer of the Authority
in accordance with the provision of applicable law. Any bond may be
signed, sealed and attested on behalf of the Authority by such persons
as the actual time of the execution of such bonds shall be duly
authorized or hold the proper office, although at the date of such
bonds such persons may not have been so authorized or shall not have
held such office.
9. Same; Negotiability. All revenue bonds issued under the
provisions of this Act shall have and are hereby declared to be
negotiable under the Laws of this State, subject to provisions for
registration.
10. Same; Sale; Proceeds of Bonds. The Authority may sell such
bonds in such manner and for such price as it may determine to be for
the best interest of the Authority and the proceeds derived from the
sale of such bonds shall be used solely for the purpose provided in the
proceedings authorizing the issuance of such bonds.
11. Same; Interim Receipts and Certificates or Temporary Bonds.
Prior to the preparation of definitive bonds, the Authority may,
under like restrictions, issue interim receipts, interim certificates or
temporary bonds, with or without coupons exchangeable for defini-
tive bonds upon the issuance of the latter.
12. Same; Replacement of Lost or Mutilated Bonds. The Author-
ity may also provide for the replacement of any bonds or coupons
which shall become mutilated or be destroyed or lost.
2534
GENERAL ACTS AND RESOLUTIONS, VOL. I
13. Same; Conditions Precedent to Issuance. Such revenue bonds
may be issued without any other proceedings or the happening of any
other conditions or things other than those proceedings, conditions
and things which are specified or required hereunder. Any resolution,
providing for the issuance of revenue bonds under the provisions
hereof shall become effective immediately upon its passage and need
not be published or posed, and any such resolution may be passed at
any regular or special or adjourned meeting of the Authority.
14. Same; Credit not Pledged and Debt not Created. Revenue
bonds issued by the Authority hereunder shall not be deemed to
constitute a debt of the City of Hapeville, nor of the State of Georgia
or any municipality, county, authority, instrumentality or political
subdivision of the State of Georgia, which may contract with such
Authority.
15. Same; Trust Indentures as Security. In the discretion of the
Authority, any issue of such revenue bonds may be secured by a trust
indenture by and between the Authority and a corporate trustee,
which may be any trust company or bank having the powers of a trust
company within or without the State. Such trust indenture may
pledge or assign fees, tolls, revenues and earnings to be received by
the Authority. Either the resolution providing for the issuance of
revenue bonds or such trust indenture may contain such provisions
for protecting and enforcing the rights and remedies of the bondhold-
ers as may be reasonable and proper and not in violation of law,
including covenants setting forth the duties of the Authority in
relation to the acquisition of property, the construction of the project,
the maintenance, operation, repair and insuring of the project, and
the custody, safeguarding and application of all monies; and may also
provide that any project shall be constructed and paid for under the
supervision and approval of consulting engineers or architects
employed or designated by the Authority, and satisfactory to the
original purchasers of the bonds; and may also require that the
security given by contractors and by any depositary of the proceeds of
the bonds or revenues or other monies be satisfactory to such pur-
chasers, and may also contain provisions concerning the conditions, if
any, upon which additional revenue bonds may be issued. It shall be
lawful for any bank or trust company incorporated under the laws of
this State or any other State or the United States to act as such
depositary and to furnish such indemnifying bonds or pledge such
securities as may be required by the Authority. Such indenture may
set forth the rights and remedies of the bondholders and of the
GEORGIA LAWS 1982 SESSION
2535
trustee, and may restrict the individual right of action of bondholders
as is customary in trust indentures securing bonds and debentures of
corporations. In addition to the foregoing, such trust indenture may
contain such other provisions as the Authority may deem reasonable
and proper for the security of the bondholders. All expenses incurred
in carrying out such trust indenture may be treated as a part of the
cost of maintenance, operation and repair of the project affected by
such indenture.
16. To Whom Proceeds Shall be Paid. The Authority shall, in the
resolution providing for the issuance of revenue bonds or in the trust
indenture, provide for the payment of the proceeds of the sale of
bonds to any officer or person who, or any agency, bank or trust
company which, shall act as trustee of such funds and shall hold and
apply the same to the purposes hereof, subject to such regulations as
such resolutions or trust indentures may provide.
17. Sinking Fund. The revenues, fees, tolls and earnings derived
from any particular project or projects, regardless of whether or not
such fees, earnings, and revenues were produced by a particular
project for which bonds have been issued, unless otherwise pledged
and allocated, may be pledged and allocated by the Authority to the
payment of the principal of and interest on revenue bonds of the
Authority, as the resolution authorizing the issuance of the bonds or
in the trust instrument may provide, and such funds, so pledged from
whatever source received, which said pledge may include funds
received from one or more or all sources, shall be set aside at regular
intervals as may be provided in the resolution or trust indenture, into
a sinking fund, which said sinking fund shall be pledged to and
charged with the payment of (1) the interest upon such revenue bonds
as such interest shall fall due, (2) the principal of the bonds as the
same shall fall due, (3) the necessary charges of paying agents for
paying principal and interest and other investment charges, and (4)
any premium upon bonds retired by call or purchase as hereinabove
provided. The use and disposition of such sinking fund shall be
subject to such regulations as may be provided in the resolution
authorizing the issuance of the revenue bonds or in the trust inden-
ture, but, except as may otherwise be provided in such resolution or
trust indenture, such sinking fund shall be maintained as a trust
account for the benefit of all revenue bonds without distinction or
priority of one over another. Subject to the provisions of the
resolution authorizing the issuance of the bonds, or in the trust
indenture, any surplus monies in the sinking fund may be applied to
2536
GENERAL ACTS AND RESOLUTIONS, VOL. I
the purchase or redemption of bonds and any such bonds so pur-
chased or redeemed shall forthwith be cancelled and shall not again
be issued.
18. Remedies of Bondholders. Any holder of revenue bonds
issued under the provisions of this Act or any of the coupons apper-
taining thereto, and the trustee under the trust indenture, if any,
except to the extent the rights herein given may be restricted by
resolution passed before the issuance of the bonds or by the trust
indenture, may, either at law or in equity, by suit, action, mandamus,
or other proceedings, protect and enforce any and all rights under the
laws of the State of Georgia or granted hereunder or under such
resolution or trust indenture, and may enforce and compel perfor-
mance of all duties required by this Act or by such resolution or trust
indenture, to be performed by the Authority, or any officer thereof,
including the fixing, charging, and collecting of revenues, fees, tolls,
and other charges for the use of the facilities and services furnished.
19. Funding and Refunding Bonds. The Authority is hereby
authorized to provide by resolution, subject to the approval of the
Mayor and Council of the City of Hapeville, for the issuance of bonds
of the Authority for the purpose of funding or refunding any revenue
bonds issued under the provisions of this Act and then outstanding,
together with accrued interest thereon and premium, if any. The
issuance of such funding or refunding bonds, the maturities and all
other details thereof, the rights of the holders thereof, and the duties
of the Authority in respect to the same, shall be governed by the
foregoing provisions of this Act insofar as the same may be applica-
ble.
20. Venue and Jurisdiction. Any action to protect or enforce any
rights under the provisions of this Act or any suit or action against
such Authority shall be brought in the Superior Court of Fulton
County, Georgia, and any action pertaining to the validation of any
bonds issued under the provisions of this Act shall likewise be
brought in said court which shall have exclusive, original jurisdiction
of such actions.
21. Validation. Bonds of the Authority shall be confirmed and
validated in accordance with the procedure of the Revenue Bond
Law, as amended, or as the same may be hereafter amended. The
petition or validation shall also make a party defendant to such action
any municipality, county, authority, political subdivision or instru-
GEORGIA LAWS 1982 SESSION
2537
mentality of the State of Georgia which has contracted with the
Authority for the services and facilities of the project for which bonds
are to be issued and sought to be validated and any such municipality,
county, authority, political subdivisions or instrumentality shall be
required to show cause, if any exist, why such contract or contracts
and the terms and conditions thereof should not be inquired into by
the court and the contract or contracts adjudicated as a part of the
basis of the security for the payment of any such bonds of the
Authority. The bonds, then validated, and the judgment of validation
shall be final and conclusive with respect to such bonds and the
security for the payment thereof and interest thereon and against the
Authority issuing the same, and any municipality, county, authority,
political subdivision or instrumentality, if a party to the validation
proceedings, contracting with the said Authority.
22. Interest of Bondholders Protected. While any of the bonds
issued by the Authority remain outstanding, the powers, duties or
existence of said Authority or of its officers, employees or agents shall
not be diminished or impaired in any manner that will affect
adversely the interests and rights of the holders of such bonds.
23. Monies Received Considered Trust Funds. All monies
received pursuant to the authority of this Act, whether as proceeds
from the sale of revenue bonds, as grants or other contributions, or as
revenues, income, fees and earnings, shall be deemed to be trust funds
to be held and applied solely as provided in this Act.
24. Rates, Charges and Revenues; Use. The Authority is hereby
authorized to prescribe and fix rents and rates and to revise same
from time to time and to collect payments, fees, tolls and charges on
each project or for the services, facilities and commodities furnished;
and in anticipation of the collection of the revenues of such undertak-
ings or projects, to issue revenue bonds as herein provided to finance,
in whole or in part, the cost of the acquisition, construction, recon-
struction, improvement, betterment or extension of its undertakings
or projects; and to pledge to the punctual payment of said bonds, and
interest thereon, all or any part of the revenues of such undertakings
or projects, including the revenues of improvements, betterments or
extensions thereto thereafter made.
25. Rules and Regulations for Operation of Projects. It shall be
the duty of the Authority to prescribe rules and regulations for the
operation of the project or projects constructed under the provisions
2538
GENERAL ACTS AND RESOLUTIONS, VOL. I
hereof, including the basis on which services and facilities, or both,
shall be furnished.
26. Governmental Function. It is hereby declared that the
Authority is created for a public purpose and will be performing an
essential governmental function in the exercise of the powers con-
ferred upon it hereunder in the development and promotion of civic
and cultural growth, public welfare, trade, commerce, education,
amusement, recreation or to alleviate traffic congestion in the City of
Hapeville and thereby better protect the lives and property of its
residents and others using its streets.
27. Immunity From Tort Actions. The Authority shall have the
same immunity and exemption from liability for torts and negligence
as the State of Georgia and the officers, agents and employees of the
Authority, when in the performance of the work of the Authority,
shall have the same immunity and exemption from liability for torts
and negligence as the officers, agents and employees of the State of
Georgia. The Authority may be sued in the same manner as private
corporations may be sued on any contractual obligations to the
Authority.
28. Property Subject to Levy and Sale. The property of the
Authority shall not be subject to levy and sale under legal process
except such property, revenue, income or funds as may be pledged,
assigned, mortgaged or conveyed to secure an obligation of the
Authority, and any such property, revenue, funds or income may be
sold under legal process or under any power granted by the Authority
to enforce payment of the obligation.
29. Construction. This amendment and all provisions, rights,
powers and authority granted hereunder shall be effective, notwith-
standing any other provision of the Constitution to the contrary, and
this amendment and any law enacted with reference to the Authority
shall be liberally construed for the accomplishment of its purposes.
30. Special Tax Districts. The City of Hapeville, shall be
empowered and authorized to create special tax districts within the
City of Hapeville upon the areas of any projects for redevelopment or
development that said Authority may determine, and to levy and
collect taxes within said districts based on values of real property
fixed by the tax digest of the City of Hapeville to meet, pay for and
retire any and all financial obligations of the Authority, its bonds
GEORGIA LAWS 1982 SESSION
2539
and/or revenue certificates, and may pledge said revenue, and to levy
and collect taxes within said districts for the retirement of said
financial obligations. No such special taxes shall be levied by the City
of Hapeville for any purpose against property used exclusively for
residential purposes within any such tax district.
31. Effective Date. This amendment shall be effective immedi-
ately upon proclamation of its ratification by the Governor.
32. General Assembly. This amendment is self-enacting and
does not require any enabling legislation for it to become effective.
However, the General Assembly may, by law, further define and
prescribe the powers and duties of the Authority and the exercise
thereof and may enlarge and restrict the same and may, likewise,
further regulate the management and conduct of the Authority not
inconsistent with any other provisions of this Constitution. The
Authority shall be an instrumentality of the State of Georgia, and the
scope of its operation shall be limited to the territory embraced
within the corporate limits of the City of Hapeville as the same now or
may hereafter exist.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to create the Hapeville Devel-
opment Authority and to provide for
the powers, duties, and responsibili-
ties of said Authority; and to author-
ize the City of Hapeville to contract
with said Authority, to create special
tax districts and levy taxes therein,
and to levy taxes within the munici-
pality and expend the same as pay-
ments pursuant to contractual
agreements which may arise be-
tween the City of Hapeville and said
Authority?
2540
GENERAL ACTS AND RESOLUTIONS, VOL. I
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
TOWNS COUNTY SALES TAX FOR
EDUCATIONAL PURPOSES.
Proposed Amendment to the Constitution.
No. 128 (Senate Resolution No. 321).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that
unless the joint county and municipal sales and use tax is approved
for imposition within Towns County prior to November 1,1982, then
the Board of Education of the Towns County School District shall be
required to impose, levy, and collect a 1 percent sales and use tax for
educational purposes and adjust millage rate limitations upon and
the millage rate levied by the Towns County School District on and
after January 1,1984, to take into account the proceeds received from
that tax by the school district the preceding year; to provide for the
submission of this amendment for ratification or rejection; and for
other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VIII, Section VII, Paragraph I of the Constitu-
tion is amended by adding at the end thereof a new undesignated
paragraph to read as follows:
The Board of Education of the Towns County School District
shall impose, levy, and collect a sales and use tax for educational
purposes of that school district. This tax shall be at the rate of 1
percent, but in all other respects, except as otherwise provided in this
paragraph, shall correspond to the tax provided for by Article 2,
Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating
GEORGIA LAWS 1982 SESSION
2541
to the joint county and municipality sales and use tax. The ad
valorem tax millage rate limitation applicable to the Towns County
School District under this Section VII of the Constitution shall be
reduced for every taxable year beginning on or after January 1,1984,
by a millage rate which, if levied against property taxable for educa-
tional purposes within the Towns County School District, would
produce an amount of revenue equal to the proceeds of the local sales
and use tax received by that school district in the immediately
preceding taxable year. The Towns County School District shall also
comply with the provisions of Code Section 48-8-91 as if the Towns
County School District were a county or municipality within the
meaning of that Code section and as if the tax provided for herein
were levied pursuant to Article 2, Chapter 8, Title 48 of the Official
Code of Georgia Annotated. No referendum shall be required for the
imposition of this tax. Nothing in this paragraph shall prohibit
Towns County and those municipalities located therein from here-
after imposing as an additional tax that joint county and municipality
sales and use tax authorized by Article 2, Chapter 8, Title 48 of the
Official Code of Georgia Annotated, but if such joint county and
municipality sales and use tax is approved for imposition within the
special district constituting Towns County prior to November 1,1982,
then this paragraph shall be null, void, and of no force and effect. The
Towns County School District is authorized to contract or otherwise
provide for the collection and administration of the tax required to be
imposed under this paragraph. The tax authorized by this paragraph
may be imposed, levied, and collected as provided herein without
further action by the General Assembly, but the General Assembly
shall be authorized by local law to control the subject matter of this
paragraph and to further define and implement its provisions. This
authority may be exercised by the General Assembly notwithstanding
any general law heretofore or hereafter enacted dealing with the
subject matter of this paragraph and any local law adopted pursuant
to the authority of this paragraph shall control that subject matter
notwithstanding the provisions of any conflicting general law.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
2542
GENERAL ACTS AND RESOLUTIONS, VOL. I
( ) YES Shall the Constitution be amended
( ) NO so as to provide that unless the joint
county and municipal sales and use
tax is approved for imposition
within Towns County prior to Nov-
ember 1,1982, then the Board of Ed-
ucation of the Towns County School
District shall be required to impose,
levy, and collect a 1 percent sales an
use tax for educational purposes and
adjust millage rate limitations upon
and the millage rate levied by the
Towns County School District on
and after January 1, 1984, to take
into account the proceeds received
from that tax by the school district
the preceding year?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
CITY OF CHAMBLEE HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 129 (Senate Resolution No. 330).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the
amount of the homestead exemption from city ad valorem taxes for
certain residents of the City of Chamblee; to provide for the submis-
sion of this amendment for ratification or rejection; and for other
purposes.
GEORGIA LAWS 1982 SESSION
2543
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 under the age of 65 of the City of
Chamblee actually occupied by the owner as a residence and home-
stead, but only so long as actually occupied by the owner primarily as
such, is exempted from city ad valorem taxes, except taxes levied by
said city for the payment of interest on and retirement of bonded
indebtedness, in an amount of $20,000.00 of its value. The exemption
granted to the homestead within this paragraph shall extend to and
shall apply to those properties, the legal title to which is vested in one
or more titleholders, if actually occupied by one or more such
titleholers as a residence. In such instances, such exemptions shall be
granted to such properties if claimed in the manner required by the
city by one or more of the owners actually residing on such property.
The full value of the homestead of each resident who is totally
disabled or is 65 years of age or older, of the City of Chamblee,
actually occupied by the owner primarily as such, is exempted from
all city ad valorem taxes except taxes levied by said city for the
payment of interest on and retirement of bonded indebtedness.
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
( ) NO so as to increase the homestead ex-
emptions for resident homeowners
of the City of Chamblee to an
amount of $20,000.00 for a resident
homeowner under the age of 65 and
to exempt from all city ad valorem
taxes the full value of the homstead
of each resident homeowner who is
totally disabled or is 65 years of age
or older?
2544
GENERAL ACTS AND RESOLUTIONS, VOL. I
AH persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
BRYAN COUNTY AD VALOREM TAX TO
SUPPORT BRYAN COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY.
Proposed Amendment to the Constitution.
No. 130 (Senate Resolution No. 333).
A RESOLUTION
Proposing an amendment to the Constitution 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
promoting 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; 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 VII, Paragraph V of the Constitu-
tion is amended by striking from the provisions of Paragraph V
creating the Bryan County Industrial Development Authority, as
proposed by an amendment ratified on November 5, 1968, and
appearing in Ga. Laws 1968, pp. 1680-1686, the following:
GEORGIA LAWS 1982 SESSION
2545
H. The governing authority of Bryan County is hereby autho-
rized and directed to levy and collect an annual ad valorem tax of two
(2) mills for developing and promoting industry and is directed to pay
to the Authority all funds derived from such levy to be used for the
purposes herein set forth.,
and inserting in lieu thereof the following:
H. The governing authority of Bryan County is authorized and
directed to levy and collect an annual ad valorem tax as requested by
the Bryan County Industrial Development Authority but not to
exceed two mills. The governing authority is hereby directed to pay
to the Bryan County Industrial Development Authority all funds
derived from such levy to be used for the purposes herein set forth.
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
( ) NO so as to change the requirement that
the governing authority of Bryan
County must levy and collect an an-
nual ad valorem tax of two mills for
developing and promoting industry
by authorizing the governing author-
ity to levy and collect an annual ad
valorem tax of from zero to a maxi-
mum of two mills based upon the
recommendation of the Bryan
County Industrial Development Au-
thority and providing that all such
funds levied and collected must be
paid over to the Bryan County In-
dustrial Development Authority for
the purposes authorized?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
2546
GENERAL ACTS AND RESOLUTIONS, VOL. I
If such amendment shall be ratified as provided in said Para-
graph of the Constitution, it shall become a part of the Constitu-
tion of this state.
SOVEREIGN IMMUNITY.
Proposed Amendment to the Constitution.
No. 131 (Senate Resolution No. 340).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for
the sovereign immunity of the state and all of its departments and
agencies; to provide for a waiver thereof to a certain extent in certain
actions; to provide for a waiver thereof by the General Assembly; to
provide for certain applications of this amendment; to provide for the
submission of this amendment for ratification or rejection; and for
other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article I, Section I of the Constitution is amended by
adding a new Paragraph XXVI as follows:
Paragraph XXVI. Sovereign immunity extends to the state and
all of its departments and agencies. However, the defense of sover-
eign immunity is waived as to any action ex contractu for the breach
of any written contract now existing or hereafter entered into by the
state or its departments and agencies. Also the defense of sovereign
immunity is waived as to those actions for the recovery of damages for
any claim against the state or any of its departments and agencies for
which liability insurance protection for such claims has been provided
but only to the extent of any liability insurance provided. Moreover,
the sovereign immunity of the state or any of its departments and
agencies may hereafter be waived further by Act of the General
Assembly which specifically provides that sovereign immunity is
hereby waived and the extent of the waiver. No waiver of sovereign
immunity shall be construed as a waiver of any immunity provided to
the state or its departments and agencies by the United States
Constitution. The provisions of this paragraph shall not have the
effect of permitting the state or any of its departments or agencies to
interpose the defense of sovereign immunity as to any action against
the state or any of its departments or agencies filed prior to January 1,
GEORGIA LAWS 1982 SESSION
2547
1983, if such defense could not have been interposed on 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
( ) NO so as to clarify the status of sovereign
immunity and to waive the defense
of sovereign immunity in contract
actions and in other actions to the
extent of liability insurance and as
otherwise may be provided by law?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
COUNTYWIDE LIBRARY SYSTEMS IN CERTAIN
COUNTIES (500,000 OR MORE).
Proposed Amendment to the Constitution.
No. 132 (House Resolution No. 158).
A RESOLUTION
Proposing an amendment to the Constitution to authorize the
General Assembly to provide by law for the creation of a countywide
public library system within all counties of this state having a
population of 550,000 or more according to the United States decen-
nial census of 1980 or any future such census and authorizing the
2548
GENERAL ACTS AND RESOLUTIONS, VOL. I
General Assembly to transfer existing library facilities and systems of
such county and of any municipality located wholly or partially
within such county to the countywide public library system; to
provide for the submission of this amendment for ratification or
rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article IX, Section IV, Paragraph II of the Constitu-
tion is amended by adding at the end thereof the following:
Any other provisions of this Constitution to the contrary not-
withstanding, the General Assembly is authorized to provide by law
for any or all matters necessary or convenient for the creation of a
countywide public library service or system in any county of this state
having a population of 550,000 or more according to the United States
decennial census of 1980 or any future such census. Without limiting
the generality of the foregoing, the General Assembly may provide by
such law for the transfer of public library systems and services of any
such county and of any municipality located wholly or partially
within any such county to the countywide library service or system
created by such law and may provide for the transfer of any or all
physical facilities, obligations, debts, assets, records, employees,
other personnel, causes of actions, and rights of public libraries or
public library systems of such county or any such municipality to
such countywide public library service or system. The General
Assembly may further provide by any such law for the funding of the
countywide public library system or service from the funds of any
such county and for the managing or governing body of such county-
wide public library system or service. Any law adopted pursuant to
the authority of this paragraph shall control the subject matter
thereof, notwithstanding the provisions of any general or local law to
the contrary, whether presently existing or hereafter enacted. The
provisions of this paragraph shall be liberally construed to enable the
General Assembly to fully implement and carry out 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.
GEORGIA LAWS 1982 SESSION
2549
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to authorize the General As-
sembly to provide by law for the cre-
ation of a countywide public library
system within all counties of this
state having a population of 550,000
or more according to the United
States decennial census of 1980 or
any future such census and authoriz-
ing the General Assembly to transfer
existing library facilities and sys-
tems of such county and of any mu-
nicipality located wholly or partially
within such county to the county-
wide public library system?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
INCREASED PENSIONS FOR MEMBERS OF
FIREMEN AND POLICE PENSION FUND
OF CITY OF MACON.
Proposed Amendment to the Constitution.
No. 133 (House Resolution No. 303).
A RESOLUTION
Proposing an amendment to the Constitution, so as to increase the
amount of the pensions paid to certain retired firemen or policemen;
to provide for the submission of this amendment for ratification or
rejection; and for other purposes.
2550
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article X, Section I, Paragraph V of the Constitution
is hereby amended by adding at the end thereof a new paragraph to
read as follows:
Any other provision of this Constitution to the contrary notwith-
standing, any retired fireman or policeman who was a member of the
Firemen and Police Pension Fund of the City of Macon, as provided
for in Section 70 of an Act establishing a charter for the City of
Macon, approved August 3, 1927 (Ga. Laws 1927, p. 1283), as
amended, particularly by an Act approved March 9,1939 (Ga. Laws
1939, p. 1149), and an Act approved February 17, 1949 (Ga. Laws
1949, p. 759) and who was receiving a pension prior to July 1,1969,
under the provisions of Section 70 of said Act, shall hereafter receive a
pension in an amount two times the amount such fireman or police-
man is receiving from the City of Macon on the date this amendment
is ratified. The increase provided for herein shall not exceed $125.00
per month. The payment and receipt of such pension shall be as
provided in Section 70 of said Act. The provisions of this paragraph
shall not apply to or increase the pension of any fireman or policeman
who is receiving on the effective date of this amendment a pension
greater than $250.00 per month.
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
( ) NO so as to increase the amount of the
pensions paid to certain retired
firemen or policemen?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
GEORGIA LAWS 1982 SESSION
2551
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
PROPOSED AMENDMENTS TO CONSTITUTION
OF 1983.
Proposed Amendment to the Constitution.
No. 134 (House Resolution No. 510).
A RESOLUTION
To amend Resolution Act No. 1 (House Resolution No. 4),
adopted at the 1981 extraordinary session of the General Assembly
(Ga. L. 1981, Ex. Sess., p. 143), which resolution proposes a new
Constitution for the State of Georgia to be presented to the people for
ratification or rejection at the general election in 1982, so as to make a
technical change regarding the pardon or parole of persons convicted
of armed robbery and delete certain references to earned time served
for such offense; to authorize the General Assembly by law to prohibit
the granting and to prescribe the terms and conditions for the
granting of pardon or parole to persons incarcerated a second or
subsequent time for an offense punishable by life imprisonment and
to persons who have received consecutive life sentences for certain
acts; to change the provisions relating to the County Court of Baldwin
County and the County Court of Putnam County; to provide for
certain editorial changes; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Resolution Act No. 1 (House Resolution No. 4),
adopted at the 1981 extraordinary session of the General Assembly
(Ga. L. 1981, Ex. Sess., p. 143), which resolution proposes a new
Constitution for the State of Georgia to be presented to the people for
ratification or rejection at the general election in 1982, is amended by
striking from Section 1 thereof Paragraph II of Section II of Article IV
and inserting in its place a new Paragraph II to read as follows:
2552
GENERAL ACTS AND RESOLUTIONS, VOL. I
Paragraph II. Powers and authority, (a) Except as other-
wise provided in this Paragraph, the State Board of Pardons and
Paroles shall be vested with the power of executive clemency, includ-
ing the powers to grant reprieves, pardons, and paroles; to commute
penalties; to remove disabilities imposed by law; and to remit any part
of a sentence for any offense against the state after conviction.
(b) When a sentence of death is commuted to life imprisonment,
the board shall not have the authority to grant a pardon to the
convicted person until such person has served at least 25 years in the
penitentiary; and such person shall not become eligible for parole at
any time prior to serving at least 25 years in the penitentiary. When a
person is convicted of armed robbery, the board shall not have the
authority to consider such person for pardon or parole until such
person has served at least five years in the penitentiary.
(c) Notwithstanding the provisions of subparagraph (b) of this
Paragraph, the General Assembly, by law, may prohibit the board
from granting and may prescribe the terms and conditions for the
boards granting a pardon or parole to:
(1) Any person incarcerated for a second or subsequent time
for any offense for which such person could have been sentenced
to life imprisonment; and
(2) Any person who has received consecutive life sentences
as the result of offenses occurring during the same series of acts.
(d) The chairman of the board, or any other member designated
by the board, may suspend the execution of a sentence of death until
the full board shall have an opportunity to hear the application of the
convicted person for any relief within the power of the board.
(e) Notwithstanding any other provisions of this Paragraph, the
State Board of Pardons and Paroles shall have the authority to
pardon any person convicted of a crime who is subsequently deter-
mined to be innocent of said crime.
Section 2. Said resolution is further amended by striking in its
entirety from Section 1 thereof Paragraph V of Section I of Article VI
and inserting in its place a new Paragraph V to read as follows:
GEORGIA LAWS 1982 SESSION
2553
Paragraph V. Uniformity of jurisdiction, powers, etc.
Except as otherwise provided in this Constitution, the courts of each
class shall have uniform jurisdiction, powers, rules of practice and
procedure, and selection, qualifications, terms, and discipline of
judges. The provisions of this Paragraph shall be effected by law
within 24 months of the effective date of this Constitution.
Section 3. Said resolution is further amended by striking in its
entirety from Section 1 thereof Paragraph VII of Section VII of
Article VI and inserting in its place a new Paragraph VII to read as
follows:
Paragraph VII. Discipline, removal, and involuntary
retirement of judges. Any judge may be removed, suspended, or
otherwise disciplined for willful misconduct in office, or for willful
and persistent failure to perform the duties of office, or for habitual
intemperance, or for conviction of a crime involving moral turpitude,
or for conduct prejudicial to the administration of justice which
brings the judicial office into disrepute. Any judge may be retired for
disability which constitutes a serious and likely permanent interfer-
ence with the performance of the duties of office. The Supreme Court
shall adopt rules of implementation.
Section 4. Said resolution is further amended by striking from
Section 1 thereof subparagraph (6) of Paragraph I of Section X of
Article VI, which reads as follows:
(6) Justice of the peace courts, small claims courts, and magis-
trate courts operating on the effective date of this article, the County
Court of Echols County, the County Court of Baldwin County, and
the County Court of Putnam County shall become and be classified as
magistrate courts.,
and inserting in lieu thereof a new subparagraph (6) to read as
follows:
(6) Justice of the peace courts, small claims courts, and magis-
trate courts operating on the effective date of this Constitution and
the County Court of Echols County shall become and be classified as
magistrate courts. The County Court of Baldwin County and the
County Court of Putnam County shall become and be classified as
state courts, with the same jurisdiction and powers as other state
courts.
2554
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. Said resolution is further amended by striking in its
entirety from Section 1 thereof Paragraph IV of Section V of Article
VIII and inserting in its place a new Paragraph IV to read as follows:
Paragraph IV. Changes in school boards and superinten-
dent. (a) The composition of school boards, the term of office, and
the methods of selecting board members and school superintendents,
including whether elections shall be partisan or nonpartisan, shall be
as provided by law applicable thereto on June 30,1983, but may be
changed thereafter only by local law, conditioned upon approval by a
majority of the qualified voters voting thereon in the system affected.
It shall not be necessary for a local law which reapportions election
districts from which members of a local board of education are elected
to be conditioned on the approval of the voters as herein required.
(b) School systems which are authorized on June 30, 1983, to
make the changes listed in subparagraph (a) of this Paragraph by
local law without a referendum may continue to do so.
Section 6. Said resolution is further amended by striking in its
entirety from Section 1 thereof Paragraph II of Section V of Article
IX and inserting in its place a new Paragraph II to read as follows:
Paragraph II. Special district debt. Any county, municipal-
ity, or political subdivision of this state may incur debt on behalf of
any special district created pursuant to Paragraph VI of Section II of
this article. Such debt may be incurred on behalf of such special
district where the county, municipality, or other political subdivision
shall have, at or before the time of incurring such debt, provided for
the assessment and collection of an annual tax within the special
district sufficient in amount to pay the principal of and interest on
such debt within 30 years from the incurrence thereof; and no such
county, municipality, or other political subdivision shall incur any
debt on behalf of such special district without the assent of a majority
of the qualified voters of such special district voting in an election
held for that purpose as provided by law. No such county, municipal-
ity, or other political subdivision shall incur any debt on behalf of
such special district in an amount which, when taken together with all
other debt outstanding incurred by such county, municipality, or
political subdivision and on behalf of any such special district,
exceeds 10 percent of the assessed value of all taxable property within
such county, municipality, or political subdivision. The proceeds of
the tax collected as provided herein shall be placed in a sinking fund
GEORGIA LAWS 1982 SESSION
2555
to be held on behalf of such special district and used exclusively to
pay off the principal of and interest on such debt thereafter maturing.
Such moneys shall be held and kept separate and apart from all other
revenues collected and may be invested and reinvested as provided by
law.
Section 7. Said resolution is further amended by striking in its
entirety from Section 1 thereof subparagraph (d) of Paragraph IV of
Section I of Article XI and inserting in its place a new subparagraph
(d) to read as follows:
(d) Notwithstanding the provisions of subparagraphs (a) and
(b), the following amendments to the Constitutions of 1877 and 1945
shall be continued in force as a part of this Constitution: amend-
ments to the Constitution of 1877 and the Constitution of 1945 which
created or authorized the creation of metropolitan rapid transit
authorities, port authorities, and industrial areas and which were
continued in force as a part of the Constitution of 1976 pursuant to
the provisions of Article XIII, Section I, Paragraph II of the Constitu-
tion of 1976 and which are in force on the effective date of this
Constitution.
1981 PROPOSED AMENDMENT REPEALED.
No. 135 (House Resolution No. 513).
A RESOLUTION
To repeal Resolution Act No. 68 (House Resolution No. Ill),
adopted at the 1981 regular session of the General Assembly (Ga. L.
1981, p. 1911), which resolution proposed 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; and for other purposes.
2556
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Resolution Act No. 68 (House Resolution No. Ill),
adopted at the 1981 regular session of the General Assembly (Ga. L.
1981, p. 1911), which resolution proposed to amend the third unnum-
bered paragraph of Paragraph I of Section I of Article XII of the
Constitution 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 Articles with related changes within the Articles or with
related changes in one or more other Articles may be submitted as a
single amendment.,
is repealed in its entirety.
1981 PROPOSED AMENDMENT REPEALED.
No. 136 (House Resolution No. 517).
A RESOLUTION
To repeal Resolution Act No. 69 (House Resolution No. 119),
adopted at the 1981 regular session of the General Assembly (Ga. L.
1981, p. 1913), which resolution proposed an amendment to the
Constitution so as to provide the manner of filling vacancies in certain
elected constitutional offices of the state; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Resolution Act No. 69 (House Resolution No. 119),
adopted at the 1981 regular session of the General Assembly (Ga. L.
1981, p. 1913), which resolution proposed to amend Section III of
Article V of the Constitution by adding a new Paragraph VII to read
as follows:
GEORGIA LAWS 1982 SESSION
2557
Paragraph VII. Vacancies. A vacancy in the office of Secretary
of State, Attorney General, State School Superintendent, Comptrol-
ler General, Commissioner of Agriculture, or Commissioner of Labor
shall be filled by appointment of the Governor until the first day of
January after the next general election which is held more than 30
days after the vacancy occurs. If a portion of the original term remains
unexpired after that first day of January, a successor for the unex-
pired term shall be elected at that general election.,
is repealed in its entirety.
CHARTER COMMISSION FOR CITY OF TIFTON
AND TIFT COUNTY AUTHORIZED.
Proposed Amendment to the Constitution.
No. 137 (House Resolution No. 540).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize
the General Assembly to provide by local Act for the creation of a
charter commission to study all matters relating to the consolidation
of the government of the City of Tifton and Tift County and for the
establishment of a successor government with powers and jurisdic-
tion throughout the territorial limits of Tift County and to draft a
proposed charter to create such successor government, which pro-
posed charter shall be submitted to the voters of Tift County for
approval or rejection in such manner as the General Assembly shall
provide by said local Act; to provide for the submission of this
amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article IX, Section IV, Paragraph I of the Constitu-
tion is amended by adding at the end thereof the following:
2558
GENERAL ACTS AND RESOLUTIONS, VOL. I
Any other provisions of this Constitution to the contrary not-
withstanding, the General Assembly is authorized to provide by local
Act for the creation of a charter commission to study all matters
relating to the establishment of a single county-wide government with
powers and jurisdiction throughout the territorial limits of Tift
County which single government shall supersede and replace the
existing governments of the council of the City of Tifton, hereinafter
referred to as the City of Tifton, and Tift County and may also
supersede and replace any public authorities and special service
districts located and operating within Tift County.
Said local Act may further authorize said charter commission to
draft a proposed charter creating such county-wide government and
for the submission of such charter to the voters of Tift County for
approval or rejection in such manner as the General Assembly shall
provide by said local Act.
To carry out the purposes of this amendment, the General Assem-
bly is expressly authorized to delegate its powers by said local Act to
said charter commission and may authorize said commission to draft
a proposed county-wide government charter which may include any
provisions necessary to effectuate the purposes of this amendment.
To that end, and without limiting the generality of the foregoing, the
General Assembly is authorized to provide by said local Act that said
charter commission may draft a proposed charter which may provide
for any one or more of the following:
(1) For the abolishment of the existing governments of the
City of Tifton and Tift County and for the creation of a new single
government having all powers formerly exercised by the City of
Tifton and Tift County, and having such other powers as may be
necessary or desirable including such rights, powers, duties, and
liabilities as are now or may hereafter be vested in municipalities
or counties, or both, by the Constitution of Georgia or by other
provision of law; the form and composition of said new govern-
ment to be as said charter shall provide.
(2) For the new county-wide government to continue to be
eligible to have, hold, enjoy, and be entitled to any assistance,
credits, benefits, monies, grants, grants-in-aid, funds, loans, aid,
appropriations and matching funds to the same extent that any
municipality or county of the State of Georgia now or may
hereafter enjoy or possess under the Constitution and laws of the
GEORGIA LAWS 1982 SESSION
2559
State of Georgia or by other provisions of law or under any present
or future state or federal programs.
(3) For the abolishment of any city and county courts, and
any other courts including courts created in lieu of constitutional
courts, presently existing in the City of Tifton and Tift County,
except the Superior Court, the Probate Court, and the State Court
of Tift County, and for the creation of one or more new courts
having the jurisdiction and powers of the former courts in such
manner as said charter shall provide.
(4) For the abolishment of any public authorities and spe-
cial service districts located within Tift County whether created
by law or by provisions of this Constitution, and for the transfer of
all powers, duties, and obligations of such authorities and districts
to the new county-wide government in such manner as said
charter shall provide.
(5) For the abolishment of any one or more public offices
including coroner, county surveyor, tax commissioner, and county
treasurer or positions of public employment of the City of Tifton
and Tift County, and any public authorities or special service
districts located and operating within Tift County.
(6) For the creation of the governing authority of the single
county-wide government including the number of members of said
governing authority, their powers, duties, terms of office, manner
of election or appointment, compensation, method of removal,
and all other matters incidental or necessary to the creation of said
county-wide governing authority.
(7) For the creation of the various departments, boards,
bureaus, officers, commissions, and positions of public employ-
ment of said county-wide government and all other matters
necessary or incidental thereto.
(8) For the creation of two or more taxing districts whereby
taxes shall be assessed, levied, and collected by said county-wide
government in accordance with the kind, character, type and
degree of services provided by said government within said taxing
districts, and the rate and manner of taxation may vary in any one
district from that in another or other districts, and may provide
that the powers, authority, duties, liabilities, and functions of any
2560
GENERAL ACTS AND RESOLUTIONS, VOL. I
such new governing authority so created may vary from district to
district.
(9) For the assumption by said county-wide government of
all bonded indebtedness and all other obligations of whatever kind
of all governmental units, public authorities and special service
districts which are consolidated by said charter and a method by
which said county-wide government shall assume the payment of
any obligations issued under the Revenue Bond Law.
(10) For the transfer to said county-wide government of
assets, contracts, and franchises of all governmental units, and any
public authorities and special service districts which are consoli-
dated or merged with said county-wide government.
(11) For the purposes for which said county-wide govern-
ment or governing authority of any agency thereof may levy taxes
and the debt limitations applicable to such county-wide govern-
ment or any agency thereof.
(12) For the method or methods by which said charter may
be amended.
(13) For broad exploratory and investigative powers to said
charter commission to explore and investigate the consolidation of
any aspect of government that it desires whether or not specifi-
cally enumerated in the foregoing twelve paragraphs of this
amendment.
Said local Act may further provide for the qualifications and
compensation of the members of said charter commission and for the
expenses of said charter commission. The compensation of the
members of the charter commission and the expenses of the commis-
sion may be shared by the City of Tifton and Tift County in such
manner as the General Assembly shall provide by said local Act, and
the governing authority of the City of Tifton and the governing
authority of Tift County are authorized to expend public funds for
such purposes.
Nothing herein shall be construed to authorize the General
Assembly or any charter commission created pursuant to any local
Act passed by the General Assembly in pursuance of this amendment
to:
GEORGIA LAWS 1982 SESSION
2561
(1) Alter or affect the status of the Tift County School
District and the Tift County Board of Education or any constitu-
tional provision by which such named agency was authorized or
preserved or to transfer any of its powers, duties, or obligations.
(2) Impair or diminish any civil service pension and retire-
ment rights existing at the time of the ratification of this amend-
ment.
(3) Abolish the office of sheriff.
(4) Affect the status of any incorporated municipality
located within Tift County other than the City of Tifton and the
status or relationship that such incorporated municipalities bear
to Tift County and the City of Tifton prior to the adoption of this
amendment shall continue to the same extent with any newly
created county-wide governing authority that may be created
under the provisions of this amendment.
(5) Impair or diminish any homestead or other exemptions
from taxation now or hereafter specified in this Constitution.
None of the foregoing limitations shall be construed, however, as
prohibiting the General Assembly from exercising any legislative
power with respect to the school district, board of education, office of
sheriff, civil service and pension rights, incorporated municipalities
and homestead exemptions which existed prior to the adoption of this
paragraph.
The powers herein granted to the General Assembly:
(1) Are remedial and shall be liberally construed to effectu-
ate their purpose.
(2) May be exercised by the General Assembly notwith-
standing any other provisions of this Constitution or of law.
(3) Shall not be exhausted by their initial exercise but may
be exercised from time to time as said General Assembly may
determine.
(4) Are cumulative of all other powers now held by the
General Assembly and are not in lieu thereof.
2562
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
( ) NO so as to authorize the General As-
sembly to provide by local Act for
the creation of a charter commission
to study all matters relating to the
consolidation of the governments of
the City of Tifton and Tift County
and for the establishment of a suc-
cessor government with powers and
jurisdiction throughout the territo-
rial limits of Tift County and to
draft a proposed charter to create
such successor government, which
proposed charter shall be submitted
to the voters of Tift County for ap-
proval or rejection in such manner as
the General Assembly shall provide
by said local Act?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2563
WARE COUNTY COUNTY MANAGER.
Proposed Amendment to the Constitution.
No. 138 (House Resolution No. 563).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize
the board of commissioners of Ware County to create the office of
county manager, appoint and remove the county manager, fix his
compensation, and prescribe his duties, powers, and responsibilities;
to provide for the submission of this amendment for ratification or
rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article IX, Section I, Paragraph VI of the Constitu-
tion is amended by adding at the end thereof the following:
The board of commissioners of Ware County is authorized to
create the office of county manager, appoint and remove the county
manager, fix his compensation, and prescribe his duties, powers, and
responsibilities by local ordinance or resolution.
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
( ) NO so as to authorize the board of com-
missioners of Ware County to create
the office of county manager, ap-
point and remove the county man-
ager, fix his compensation, and pre-
scribe his duties, powers, and
responsibilities by local ordinance or
resolution?
2564
GENERAL ACTS AND RESOLUTIONS, VOL. I
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
CRISP COUNTY HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 139 (House Resolution No. 573).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide an
additional homestead exemption of $2,000.00 from ad valorem taxes
levied for educational purposes by, for, or on behalf of the Crisp
County School System for all residents of the Crisp County School
District who are 65 years of age or over; 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 VII, Section I, Paragraph IV of the Constitu-
tion is amended by adding at the end thereof a new paragraph to read
as follows:
The amount of $2,000.00 of the assessed value of the homestead
of each resident of the Crisp County School District who is 65 years of
age or over is exempted from all ad valorem taxes for educational
purposes levied by, for, or on behalf of the Crisp County School
System, including taxes to retire school bond indebtedness. The
homestead exemption provided for herein shall be in addition to, and
not in lieu of, any other homestead exemptions applicable to residents
GEORGIA LAWS 1982 SESSION
2565
of Crisp County or the Crisp County School District. The procedures
and requirements provided by law relative to qualifying for and
claiming homestead exemptions, which are not in conflict or inconsis-
tent with this paragraph, shall apply to the homestead exemption
provided for herein. 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
( ) NO to provide an additional homestead
exemption of $2,000.00 from ad
valorem taxes levied for educational
purposes by, for, or on behalf of the
Crisp County School System for all
residents of the Crisp County School
District who are 65 years of age or
over?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
2566
GENERAL ACTS AND RESOLUTIONS, VOL. I
HABERSHAM COUNTY SALES TAX FOR
EDUCATIONAL PURPOSES.
Proposed Amendment to the Constitution.
No. 140 (House Resolution No. 591).
A RESOLUTION
Proposing an amendment to the Constitution so as to require the
Board of Education of the Habersham County School District to
impose, levy, and collect a 1 percent sales and use tax for educational
purposes and to adjust millage rate limitations upon and the millage
rate levied by the Habersham County School District on and after
January 1,1984, to take into account the proceeds received from that
tax by the school district the preceding year; to provide for the
submission of this amendment for ratification or rejection; and for
other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VIII, Section VII, Paragraph I of the Constitu-
tion is amended by adding at the end thereof a new undesignated
paragraph to read as follows:
The Board of Education of the Habersham County School Dis-
trict shall impose, levy, and collect a sales and use tax for educational
purposes of that school district. This tax shall be at the rate of 1
percent, but in all other respects, except as otherwise provided in this
paragraph, shall correspond to the tax provided for by Article 2,
Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating
to the joint county and municipality sales and use tax. The ad
valorem tax millage rate limitation applicable to the Habersham
County School District under this Section VII of the Constitution
shall be reduced for every taxable year beginning on or after January
1,1984, by a millage rate which, if levied against property taxable for
educational purposes within the Habersham County School District,
would produce an amount of revenue equal to the proceeds of the
local sales and use tax received by that school district in the immedi-
ately preceding taxable year. The Habersham County School District
shall also comply with the provisions of Code Section 48-8-91 as if the
Habersham County School District were a county or municipality
GEORGIA LAWS 1982 SESSION
2567
within the meaning of that Code section and as if the tax provided for
herein were levied pursuant to Article 2, Chapter 8, Title 48 of the
Official Code of Georgia Annotated. No referendum shall be required
for the imposition of this tax. Nothing in this paragraph shall
prohibit Habersham County and those municipalities located therein
from imposing as an additional tax that joint county and municipality
sales and use tax authorized by Article 2, Chapter 8, Title 48 of the
Official Code of Georgia Annotated. The Habersham County School
District is authorized to contract or otherwise provide for the collec-
tion and administration of the tax required to be imposed under this
paragraph. The tax authorized by this paragraph may be imposed,
levied, and collected as provided herein without further action by the
General Assembly, but the General Assembly shall be authorized by
local law to control the subject matter of this paragraph and to
further define and implement its provisions. This authority may be
exercised by the General Assembly notwithstanding any general law
heretofore or hereafter enacted dealing with the subject matter of this
paragraph and any local law adopted pursuant to the authority of this
paragraph shall control that subject matter notwithstanding the
provisions of any conflicting general law.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to require the Board of Educa-
tion of the Habersham County
School District to impose, levy, and
collect a 1 percent sales and use tax
for educational purposes and to ad-
just millage rate limitations upon
and the millage rate levied by the
Habersham County School District
on and after January 1,1984, to take
into account the proceeds received
from that tax by the school district
the preceding year?.
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
2568
GENERAL ACTS AND RESOLUTIONS, VOL. I
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
CITY OF COVINGTON HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 141 (House Resolution No. 594).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a
homestead exemption for residents of the City of Covington in an
amount to be fixed by the governing authority of the city at not more
than $20,000.00 from all ad valorem taxes levied and collected by the
city; to provide for the submission of this amendment for ratification
or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu-
tion is hereby amended by adding at the end thereof the following
paragraph:
The governing authority of the City of Covington may grant an
exemption from city ad valorem taxes on a homestead owned and
occupied by a resident of the city as a residence and homestead, and
only so long as actually occupied by the owner primarily as such, in an
amount to be fixed by the governing authority at not more than
$20,000.00 of its value. The governing authority of the city may by
ordinance provide the procedures and requirements necessary for the
proper administration of this exemption. The exemption granted to
the homestead within this paragraph shall extend to and shall apply
to those properties, the legal title to which is vested in one or more
titleholders, if actually occupied by one or more such owners as a
residence. In such instances, such exemptions shall be granted to
GEORGIA LAWS 1982 SESSION
2569
such properties, if claimed in the manner required by the city by one
or more of the owners actually residing on such property. Such
exemptions shall also extend to those homesteads, the title to which is
vested in an administrator, executor, or trustee, if one or more of the
heirs or cestui que uses residing on such property shall claim the
exemption granted by this paragraph in the manner required by the
city.
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
( ) NO so as to provide for a homestead ex-
emption for residents of the City of
Covington in an amount to be fixed
by the governing authority of the
city at not more than $20,000.00
from all ad valorem taxes levied and
collected by the city?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
I
2570 GENERAL ACTS AND RESOLUTIONS, VOL. I
CRISP COUNTY CORDELE INDUSTRIAL
AUTHORITY MEMBERS.
Proposed Amendment to the Constitution.
No. 142 (House Resolution No. 597).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the
membership of the Crisp County-Cordele Industrial Development
Authority; to provide for the submission of this amendment for
ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. The Constitution is amended by striking from the
amendment to the Constitution which created the Crisp County-
Cordele Industrial Development Authority, which was ratified at the
1968 general election, which is set forth in Georgia Laws 1968, pages
1757-1764, and which was continued in force by the Constitution of
1976, subparagraph B. thereof which reads as follows:
B. The Authority shall be composed of five members, one of
whom shall be the chairman of the Commissioners of Roads and
Revenues of Crisp County, one of whom shall be the Chairman of the
City Commissioners of Cordele, and one of whom shall be the
president of the Cordele-Crisp County Chamber of Commerce. The
Commissioners of Roads and Revenues of Crisp County shall appoint
one member who shall be a resident of Crisp County within or without
the city limits of Cordele and shall serve for a term of three years and
until his successor is duly appointed and qualified. Thereafter,
successors to the initial member appointed by the Commissioners of
Roads and Revenues of Crisp County shall serve for three years and
until their successors are duly elected and qualified. The City
Commissioners of Cordele shall appoint one member who shall be a
resident of Crisp County within or without the city limits of Cordele
and shall serve for a term of two years and until their successors are
duly appointed and qualified. Thereafter, successors to the initial
member appointed by the City Commissioners shall serve for three
years and until their successors are duly elected and qualified.
Provided, however, under no circumstances shall the Commissioners
GEORGIA LAWS 1982 SESSION
2571
of Roads and Revenues of Crisp County or the City Commissioners of
Cordele appoint a member of either Commission. In the event a
vacancy occurs on the Authority for any reason, the appointing
Authority shall appoint a member to serve the unexpired term. The
Authority is hereby empowered to elect its own Chairman, Vice-
Chairman and Secretary from its members. The members of the
Authority shall receive no compensation for their services on the
Authority.,
and inserting in lieu thereof a new subparagraph B. to read as follows:
B. The Authority shall be composed of seven members, one of
whom shall be the chairman of the Crisp County Board of Commis-
sioners, one of whom shall be the Chairman of the City Commis-
sioners of Cordele, one of whom shall be the Chairman of the Crisp
County Power Commission, and one of whom shall be the president of
the Cordele-Crisp County Chamber of Commerce. The Crisp County
Board of Commissioners shall appoint one member who shall be a
resident of Crisp County within or without the city limits of Cordele,
and such member shall serve for a term of three years and until his
successor is duly appointed and qualified. Thereafter, successors to
the member appointed by the Crisp County Board of Commissioners
shall serve for terms of three years and until a successor is duly
appointed and qualified. The City Commissioners of Cordele shall
appoint one member who shall be a resident of Crisp County within or
without the city limits of Cordele, and such member shall serve for a
term of two years and until his successor is duly appointed and
qualified. Thereafter, successors to the initial member appointed by
the City Commissioners of Cordele shall serve for terms of three years
and until a successor is duly appointed and qualified. The Crisp
County Power Commission shall appoint one member who shall be a
resident of Crisp County within or without the corporate limits of the
City of Cordele, and such member and successors to such member
shall be appointed for a term of three years and until a successor is
appointed and qualified. Provided, however, under no circumstances
shall the Crisp County Board of Commissioners, the City Commis-
sioners of Cordele, or the Crisp County Power Commission appoint a
member of any of such bodies as a member of the Authority. No
vacancy shall impair the power of the Authority to act, provided that
five members are in accord with such action. In the event a vacancy
occurs on the Authority for any reason, the appointing authority shall
appoint a member to serve the unexpired term. The Authority is
empowered to elect its own chairman, vice-chairman, and secretary
2572
GENERAL ACTS AND RESOLUTIONS, VOL. I
from its members. The members of the Authority shall receive no
compensation for their services on the Authority.
Section 2. The Constitution is further amended by striking from
said amendment creating the Crisp County-Cordele Industrial Devel-
opment Authority subparagraph E. thereof, which reads as follows:
Any three (3) members shall constitute a quorum for the trans-
action of the ordinary business of the Authority; however, any action
with respect to any project of the Authority must be approved by not
less than three (3) affirmative votes.,
and inserting in lieu thereof a new subparagraph E. to read as follows:
E. Any five members shall constitute a quorum for the trans-
action of the ordinary business of the Authority; however, any action
with respect to any project of the Authority must be approved by not
less than five affirmative votes, subject, however, in the event of a
vacancy, to the provisions of subparagraph B. hereof.
Section 3. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to provide for an increase in
membership of the Crisp County-
Cordele Industrial Development Au-
thority?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2573
DeKALB COUNTY AUTHORITY OF GENERAL
ASSEMBLY TO ABOLISH OFFICE OF JUSTICE
OF THE PEACE, ETC.
Proposed Amendment to the Constitution.
No. 143 (House Resolution No. 617).
A RESOLUTION
Proposing an amendment to the Constitution to authorize the
General Assembly at any time to abolish by local law the offices of
justice of the peace, the offices of constable, and justice courts within
DeKalb County and to authorize the General Assembly by local law to
provide that other courts within DeKalb County shall exercise and be
vested with the jurisdiction of justice courts in such manner as the
General Assembly shall determine, provided that judges of the
Recorders Court of DeKalb County and magistrates of such court are
elected by the qualified voters of the county or by the qualified voters
of districts within the county pursuant to parallel local legislation
adopted by the General Assembly; to provide for the submission of
this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VI, Section VII, Paragraph III of the Constitu-
tion is amended by adding at the end thereof the following paragraph:
Subject to the limitations hereinafter provided, the General
Assembly at any time is authorized to abolish by local law the offices
of justice of the peace, the offices of constable, and justice courts in
DeKalb County. The General Assembly may by local law provide that
other courts within DeKalb County shall exercise and be vested with
the jurisdiction of justice courts in such manner as the General
Assembly shall determine and may provide for any other matters
necessary or convenient to abolish the offices of justice of the peace,
the offices of constable, and justice courts in DeKalb County. As a
necessary condition for any local Act adopted pursuant to the author-
ity of this paragraph to become effective, the General Assembly must
also provide by local Act, which must become effective at the same
time as the local Act adopted pursuant to the paragraph, for the
election of the judges of the Recorders Court of DeKalb County and
2574
GENERAL ACTS AND RESOLUTIONS, VOL. I
for the election of magistrates of the Recorders Court of DeKalb
County. Such parallel local Act shall provide for the election of such
magistrates and judges by the voters of DeKalb County voting within
districts established for such purpose or voting countywide in such
manner as the General Assembly shall provide by said local Act. Any
local law adopted pursuant to the authority of this paragraph shall
control the subject matter thereof, notwithstanding the provisions of
any general law, whether presently existing or hereafter enacted.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to authorize the General As-
sembly at any time to abolish by lo-
cal law the offices of justice of the
peace, the offices of constable, and
justice courts within DeKalb County
and to authorize the General Assem-
bly by local law to provide that other
courts within DeKalb County shall
exercise and be vested with the juris-
diction of justice courts in such man-
ner as the General Assembly shall
determine, provided that judges of
the Recorders Court of DeKalb
County and magistrates of such
court are elected by the qualified
voters of the county or by the quali-
fied voters of districts within the
county pursuant to parallel local leg-
islation adopted by the General As-
sembly?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2575
COLUMBIA COUNTY CIVIL JURISDICTION
OF JUSTICES OF THE PEACE.
Proposed Amendment to the Constitution.
No. 144 (House Resolution No. 622).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase
jurisdiction of civil cases over which the Justices of the Peace of
Columbia County shall have jurisdiction; to provide for the submis-
sion of this amendment for ratification or rejection; and for other
purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitu-
tion is amended by adding at the end thereof the following paragraph:
Provided, however, that in Columbia 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 $750.00 and shall sit monthly
at fixed times and places; but in all cases there may be an appeal to a
jury in said court or an appeal to the superior court under such
regulations as may be prescribed by law.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to increase the jurisdiction of
civil cases over which the Justices of
the Peace of Columbia County shall
have jurisdiction?
2576
GENERAL ACTS AND RESOLUTIONS, VOL. I
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
WHITFIELD COUNTY HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 145 (House Resolution No. 625).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the
amount of the homestead exemption of each resident of Whitfield
County from $2,000.00 to $10,000.00 for the purposes of all Whitfield
County taxes, except Whitfield County school district taxes and taxes
to pay interest on and retire bonded indebtedness; to provide for the
submission of this amendment for ratification or rejection; and for
other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu-
tion is amended by adding at the end thereof the following:
The homestead of each resident of Whitfield County actually
occupied by the owner as a residence and homestead, and only so long
as actually occupied by the owner primarily as such, is exempted, in
the amount of $10,000.00 of its value, from all ad valorem taxation for
county purposes, except to pay interest on and retire bonded indebt-
edness and except for county ad valorem taxes levied by or on behalf
of the Whitfield County school district. The value of all property in
excess of the foregoing exemption shall remain subject to taxation.
GEORGIA LAWS 1982 SESSION
2577
Except for the amount of the exemption and its application to county
taxes other than school taxes, the provisions of this Constitution and
of law relating to the basic homestead exemption of $2,000.00 shall
apply to the homestead exemption granted herein. 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
( ) NO so as to increase the amount of the
homestead exemption of each resi-
dent of Whitfield County from
$2,000.00 to $10,000.00 for the pur-
poses of all Whitfield County taxes,
except Whitfield County school dis-
trict taxes and taxes to pay interest
on and retire bonded indebted-
ness?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
2578
GENERAL ACTS AND RESOLUTIONS, VOL. I
MOULTRIE-COLQUITT COUNTY DEVELOPMENT
AUTHORITY BONDS.
Proposed Amendment to the Constitution.
No. 146 (House Resolution No. 634).
A RESOLUTION
Proposing an amendment to the Constitution so as to remove the
maximum amount of interest that bonds issued by the Moultrie-
Colquitt County Development Authority may bear and the maximum
amount of interest that the Authority may pay on funds borrowed
from financial institutions; to provide for a code of ethics for members
of the Authority; to prohibit certain persons from serving on the
Authority; to provide for the notification of meetings of the Author-
ity; to provide for the submission of this amendment for ratification
or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. The amendment to the Constitution of Georgia of
1945 which created the Moultrie-Colquitt County Development
Authority, which amendment was ratified at the general election held
in 1960 and which is set forth in Ga. L. 1960, p. 1402, as amended,
particularly by a resolution ratified at the general election held in
1976 and which is set forth in Ga. L. 1976, p. 1773, and which was
continued in full force and effect by the provisions of the Constitution
of Georgia of 1976, is amended by striking therefrom the following:
I. The Authority is hereby authorized to issue revenue bonds to
carry out the purposes of this amendment. Revenue bonds so issued
shall be paid from the income of the Authority from whatever sources
received including appropriations of public funds made to it. Such
revenue bonds may be authorized by resolutions of the Moultrie-
Colquitt County Development Authority which may be adopted at a
regular or special meeting by a majority vote of the members of said
Authority. Said Authority in determining the cost of any undertaking
for which revenue bonds are to be issued may include all costs relative
to the issuance thereof as well as engineering, inspection, fiscal and
legal expenses, and interest estimated to accrue during the construc-
tion period, and for six months thereafter and such bonds shall bear
GEORGIA LAWS 1982 SESSION
2579
such date or dates, mature at such time or times, not exceeding thirty
years from their respective dates, bear interest at such rate or rates
not exceeding eight percent per annum, and may be in such denomi-
nations and may carry such registration privileges and be subject to
redemption and may contain such terms, convenants, assignments
and conditions as the resolution authorizing the issuance of such
bonds may provide. All bonds and the interest thereon so issued by
said Authority are hereby declared to be nontaxable for any and all
purposes. Such bonds issued by the said Authority shall be validated
in the Superior Court of Colquitt County in the same manner as
revenue bonds of municipalities are validated as provided in Code
sections 87-815 et seq. of the Code of Georgia. In the event no bill of
exceptions shall be filed within the time prescribed by law, or if filed,
the judgment shall be affirmed by the supreme court or the court of
appeals, the judgment of the superior court, confirming and validat-
ing the issuance of such bonds, shall be forever conclusive as to the
validity of said bonds and the security thereof against said Authority.
In addition, the Authority is hereby authorized to borrow funds from
financial institutions at a rate of interest not to exceed eight percent
per annum.,
and inserting in lieu thereof the following:
I. The Authority is authorized to issue revenue bonds to carry
out the purposes of this amendment. Revenue bonds so issued shall
be paid from the income of the Authority from whatever sources
received including appropriations of public funds made to it. Such
revenue bonds may be authorized by resolutions of the Moultrie-
Colquitt County Development Authority which may be adopted at a
regular or special meeting by a majority vote of the members of said
Authority. Said Authority, in determining the cost of any undertak-
ing for which revenue bonds are to be issued, may include all costs
relative to the issuance thereof as well as engineering, inspection,
fiscal and legal expenses, and interest estimated to accrue during the
construction period and for six months thereafter; and such bonds
shall bear such date or dates, mature at such time or times not
exceeding 30 years from their respective dates, bear interest at such
rate or rates and may be in such denominations and may carry such
registration privileges and be subject to redemption and may contain
such terms, convenants, assignments, and conditions as the resolution
authorizing the issuance of such bonds may provide. All bonds and
the interest thereon so issued by said Authority are declared to be
nontaxable for any and all purposes. Such bonds issued by said
2580
GENERAL ACTS AND RESOLUTIONS, VOL. I
Authority shall be validated in the Superior Court of Colquitt County
in the same manner as revenue bonds of municipalities are validated
as provided in Code Sections 36-82-74 through 36-82-83 of the
Official Code of Georgia Annotated. In the event no bill of exceptions
shall be filed within the time prescribed by law or, if filed, the
judgment shall be affirmed by the Supreme Court or the Court of
Appeals, the judgment of the superior court, confirming and validat-
ing the issuance of such bonds, shall be forever conclusive as to the
validity of said bonds and the security thereof against said Authority.
In addition, the Authority is authorized to borrow funds from finan-
cial institutions.
Section 2. Said amendment, as amended, is further amended by
adding after the paragraph which reads as follows:
N. There shall be no limitations upon the amount of debt which
the Authority may incur, but no debt created by the Authority shall
be a debt of the City of Moultrie, Colquitt County or the State of
Georgia.,
the following:
0. The members of the Authority shall represent the citizens of
Moultrie and Colquitt County in a fiduciary capacity while carrying
out their duties. Each member of the Authority shall:
(1) Uphold the Constitution, laws, and regulations of the
United States, the State of Georgia, and all governments therein
and never be a party to their evasion;
(2) Never discriminate by the dispensing of special favors or
privileges to anyone, whether or not for remuneration;
(3) Not engage in any business with the government, either
directly or indirectly, which is inconsistent with the conscientious
performance of his governmental duties;
(4) Never use any information coming to him confidentially
in the performance of governmental duties as a means for making
private profit;
(5) Expose corruption wherever discovered;
GEORGIA LAWS 1982 SESSION
2581
(6) Never solicit, accept, or agree to accept gifts, loans,
gratuities, discounts, favors, hospitality, or services from any
person, association, or corporation under circumstances from
which it could reasonably be inferred that a major purpose of the
donor is to influence the performance of the members official
duties;
(7) Never accept any economic opportunity under circum-
stances where he knows or should know that there is a substantial
possibility that the opportunity is being afforded him with intent
to influence his conduct in the performance of his official duties;
(8) Never engage in other conduct which is unbecoming to a
member or which constitutes a breach of public trust; and
(9) Never take any official action with regard to any matter
under circumstances in which he knows or should know that he
has a direct or indirect monetary interest in the subject matter of
such matter or in the outcome of such official action.
P. No person shall be permitted to serve on the Authority if he,
or a corporation, partnership, or association in which he is an officer,
conducts any business for profit with a person, corporation, partner-
ship, or association which has a loan from the Authority outstanding
until such loan is repaid in full. The Authority shall be required to
declare a vacancy in the office of any member found violating the
provisions of this paragraph.
Q. The Authority shall give the public advance notice of all
meetings. The advance notice of the meeting shall be given by
notifying the broadcast and print news media of the county of the
date, time, place, and purpose of the meeting at least 72 hours prior to
the date thereof. The notice to the news media may be made by
telephone or by written notice. The requirement of advance public
notice of a meeting shall not apply to a meeting called as a result of a
bona fide emergency, but public notice of the emergency meeting
shall be given by the Authority as far in advance of the meeting as
practicable under the emergency circumstances.
Section 3. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
2582
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
( ) NO so as to remove the maximum
amount of interest that bonds issued
by the Moultrie Colquitt County De-
velopment Authority may bear and
the maximum amount of interest
that the Authority may pay on funds
borrowed from financial institutions
and to provide a code of ethics for
members of the Authority?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
MERIWETHER COUNTY CIVIL JURISDICTION
OF JUSTICES OF THE PEACE.
Proposed Amendment to the Constitution.
No. 147 (House Resolution No. 636).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the
dollar amount of civil cases over which the Justices of the Peace of
Meriwether County shall have jurisdiction and provide for bond
requirements; to provide for the submission of this amendment for
ratification or rejection; and for other purposes.
GEORGIA LAWS 1982 SESSION
2583
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitu-
tion is amended by adding at the end a new undesignated paragraph
to read as follows:
Provided, however, that in Meriwether County the justice of the
peace shall have jurisdiction in all civil cases arising ex contractu and
in cases of injury or damage to and conversion of personal property
when the principal sum does not exceed $1,000.00, and shall give a
bond payable to the judge of the probate court of said county in the
amount of $10,000.00, with any premiums due on said bond to be paid
by that justice of the peace.
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
( ) NO so as to increase the dollar amount of
civil cases over which the Justices of
the Peace of Meriwether County
shall have jurisdiction and provide
for bond requirements be ap-
proved?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
2584
GENERAL ACTS AND RESOLUTIONS, VOL. I
PIERCE COUNTY SCHOOL DISTRICT
HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 148 (House Resolution No. 639).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that
each resident of the Pierce County School District who is 62 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
Pierce County School District taxes in the amount of $10,000.00 of
the assessed value of the homestead owned and occupied by him as a
residence; to provide for the submission of this amendment for
ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu-
tion is amended by adding at the end thereof the following paragraph:
The homestead of each resident of the Pierce County School
District who is 62 years of age or over and who does not have an
income from all sources, including the income of all members of the
family residing within said homestead, exceeding $12,000.00 per
annum, is hereby granted an exemption of $10,000.00 of its assessed
value from all ad valorem taxation for educational purposes levied for
and in behalf of such school system, including taxes to retire school
bond indebtedness. No such exemption shall be granted unless an
affidavit of the owner of the homestead is filed with the Tax Receiver
of Pierce County giving his age, the amount of income which he
received for the immediately preceding calendar year, the income
which the members of his family residing within the homestead
received for such period, and such other additional information
relative to receiving the benefits of the exemption granted by this
paragraph as will enable the tax receiver to make a determination as
to whether such owner is entitled to said exemption. The tax receiver
shall provide affidavit forms for this purpose. The exemption granted
to the homestead within this paragraph shall extend to and shall
GEORGIA LAWS 1982 SESSION
2585
apply to those properties, the legal title to which is vested in one or
more titleholders, if actually occupied by one or more such owners as
a residence, and one or more such titleholders possesses the qualifica-
tions provided for in this paragraph. In such instances, such exemp-
tions shall be granted to such properties, if claimed in the manner
herein provided by one or more of the owners actually residing in such
property. Such exemptions shall also extend to those homesteads, the
title to which is vested in an administrator, executor or trustee, if one
or more of the heirs or cestui que uses residing on such property shall
possess the qualifications provided for herein and shall claim the
exemptions granted by this paragraph in the manner herein provided.
The exemption provided for herein shall apply to all taxable years
beginning after December 31,1982.
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
( ) NO so as to provide that each resident of
the Pierce County School District
who is 62 years of age or over and
whose income from all sources, in-
cluding the income of all family
members residing within said home-.
stead, does not exceed $12,000.00
per annum shall be granted a home-
stead exemption of $10,000.00 from
all Pierce County School District ad
valorem taxes?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
2586
GENERAL ACTS AND RESOLUTIONS, VOL. I
CAMDEN COUNTY HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 149 (House Resolution No. 640).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a
homestead exemption in an amount of $4,000.00 from all county and
county school ad valorem taxes for residents of Camden County; to
provide an additional homestead exemption in an amount of
$4,000.00 from all county and county school ad valorem taxes for
residents of Camden County who are 60 years of age or older and who
have an income from all sources in an amount not exceeding
$12,000.00; to provide procedures in connection with obtaining such
exemptions; to provide for submission of this amendment for ratifica-
tion 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 amended by adding at the end thereof the following:
Any other provision of the Constitution to the contrary notwith-
standing, the homestead of each resident of Camden County actually
occupied by the owner as a residence and homestead, but only so long
as actually occupied by the owner primarily as such, is exempted from
all county and county school ad valorem taxes in an amount of
$4,000.00 of its value. In addition to the $4,000.00 homestead
exemption provided for above, the homestead of each resident of
Camden County who is 60 years of age or older and who has an income
not exceeding $12,000.00 is exempted from all county and county
school taxes in an amount of $4,000.00 of its value. The homestead
exemptions provided herein shall continue for so long as any such
resident of Camden County actually occupies said homestead as his
residence. Provided, however, no homestead exemption from ad
valorem taxation by Camden County shall exceed the sum of
$8,000.00. The value of the homestead in excess of the above
exempted amount or amounts shall remain subject to ad valorem
taxation by Camden County. No resident shall receive the benefits of
such homestead exemption unless he or his agent provides the
GEORGIA LAWS 1982 SESSION
2587
governing authority of the county, or a person designated by the
governing authority, with an affidavit stating that he is a resident and
that his property is his homestead and residence and containing such
additional information as will enable the governing authority to make
a determination as to whether such person is entitled to such exemp-
tion. The governing authority shall provide the necessary forms for
such purpose. No resident who is entitled to the additional exemp-
tion as provided for above shall be qualified to receive the benefits of
such homestead exemption unless he files an affidavit with the
governing authority of Camden County, or with the person desig-
nated by the governing authority of Camden County, giving his age
and the amount of income which he receives and such additional
information as may be required to make a determination as to
whether such owner is entitled to such exemption. Such applications
shall be processed in the same manner as other applications for
homestead exemptions and the provisions of law applicable to the
processing of homestead exemptions, as the same now exist or may
hereafter be amended, shall apply thereto; but after any such person
has filed the proper application and certificates as provided above
and has been allowed the exemption provided herein, it shall not be
necessary that he make application and file said certificates there-
after for any year and the said exemption shall continue to be allowed
to such person. It shall be the duty of any such person, however, to
notify the governing authority in the event he becomes ineligible for
any reason for the exemptions provided in this paragraph. The
General Assembly may provide by law for the proper administration
of this exemption, including penalties necessary therefor. The
increased exemptions provided herein shall apply to all taxable years
beginning after December 31,1982.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to provide a homestead exemp-
tion in an amount of $4,000.00 from
all county and county school ad
p
2588 GENERAL ACTS AND RESOLUTIONS, VOL. I
valorem taxes for residents of Cam-
den County and to provide an addi-
tional homestead exemption in an
amount of $4,000.00 from all county
and county school ad valorem taxes
for residents of Camden County who
are 60 years of age or older and who
have an income from all sources
in an amount not exceeding
$12,000.00?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
JEFFERSON COUNTY AD VALOREM TAXATION.
Proposed Amendment to the Constitution.
No. 150 (House Resolution No. 657).
A RESOLUTION
Proposing an amendment to the Constitution so as to permit the
General Assembly to authorize local taxing jurisdictions in Jefferson
County to grant discounts for early payment of ad valorem taxes; to
provide for the submission of this amendment for ratification or
rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu-
tion is hereby amended by adding a new paragraph immediately
preceding the last paragraph thereof to read as follows:
GEORGIA LAWS 1982 SESSION
2589
Subject to the conditions provided by local law, the General
Assembly may authorize each local taxing jurisdiction in Jefferson
County to grant a reasonable discount for early payment of ad
valorem taxes owed to the local taxing jurisdiction. No such discount
shall be granted except upon payment in full by the taxpayer of all ad
valorem taxes due and payable to the local taxing jurisdiction.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to permit the General Assem-
bly to authorize local taxing jurisdic-
tions in Jefferson County to grant
discounts for early payment of ad
valorem taxes?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
2590
GENERAL ACTS AND RESOLUTIONS, VOL. I
CITY OF PINE LAKE HOMESTEAD
EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 151 (House Resolution No. 663).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize
the mayor and council of the City of Pine Lake in DeKalb County to
exempt from ad valorem taxation an amount not to exceed $4,000.00
of the value of the homestead of residents of the City of Pine Lake; 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 amended by adding at the end thereof a new paragraph to read
as follows:
The mayor and council of the City of Pine Lake shall be autho-
rized to exempt up to the first $4,000.00 in value from ad valorem
property taxation by the City of Pine Lake on the homestead of each
resident of the City of Pine Lake so long as the homestead is actually
occupied by the owner as a residence and homestead. No resident
shall receive the benefits of such homestead exemption unless he or
his agent provides the governing authority of the city, or a person
designated by the governing authority, with an affidavit stating that
he is a resident and that his property is his homestead and residence
and containing such additional information as will enable the govern-
ing authority to make a determination as to whether such person is
entitled to such exemption. Any person who receives a homestead
exemption from DeKalb County ad valorem taxes shall be entitled to
the exemption provided in this paragraph upon making proper appli-
cation to the governing authority. The governing authority shall
provide the necessary forms for such purpose. After any such person
has filed the proper application as provided above and has been
allowed the exemption provided herein, it shall not be necessary that
he make application thereafter for any year and the said exemption
shall continue to be allowed to such person. It shall be the duty of any
GEORGIA LAWS 1982 SESSION
2591
such person, however, to notify the governing authority in the event
he becomes ineligible for any reason for the exemption provided in
this paragraph. The General Assembly may provide by law for the
proper administration of this exemption, including penalties neces-
sary therefor. The increased exemption provided for herein shall
apply to all taxable years beginning after December 31,1983.
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
( ) NO so as to authorize the mayor and
council of the City of Pine Lake to
exempt from ad valorem taxes an
amount not to exceed $4,000.00 of
the value of the homestead of re-
sidents of the City of Pine Lake?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
2592
GENERAL ACTS AND RESOLUTIONS, VOL. I
LOWNDES COUNTY CIVIL JURISDICTION
OF JUSTICES OF THE PEACE.
Proposed Amendment to the Constitution.
No. 152 (House Resolution No. 669).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the
jurisdiction of civil cases over which Justices of the Peace of Lowndes
County shall have jurisdiction; to provide for the submission of this
amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitu-
tion is amended by adding at the end thereof the following paragraph:
Provided, however, that in Lowndes County, the justices of the
peace shall have jurisdiction in all civil cases arising ex contractu and
in cases of injury or damage to and conversion of personal property,
when the principal sum does not exceed $1,000.00.
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
( ) NO so as to increase the jurisdiction of
civil cases over which the Justices of
the Peace of Lowndes County shall
have jurisdiction?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
GEORGIA LAWS 1982 SESSION
2593
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
LOWNDES COUNTY BUSINESS LICENSES.
Proposed Amendment to the Constitution.
No. 153 (House Resolution No. 670).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that
the board of commissioners of Lowndes County shall have the right
and power to assess and collect license fees and taxes from all persons,
firms, and corporations doing business in the unincorporated area of
Lowndes County; to provide for the submission of this amendment
for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article IX, Section V, Paragraph I of the Constitution
is amended by adding at the end thereof the following new paragraph:
The board of commissioners of Lowndes County, Georgia, as the
governing authority of said county, is authorized and empowered to
levy, assess, and collect license fees and taxes from all persons, firms,
and corporations doing business in the unincorporated area of said
county, except those businesses regulated by the Public Service
Commission and those corporations organized under Chapter 3 of
Title 46 of the Official Code of Georgia Annotated, and is further
authorized and empowered to classify all such businesses and busi-
ness enterprises and to assess different fees and taxes against differ-
ent classes of business being conducted in the unincorporated areas of
said county; and, in order to provide for the public welfare, health,
and security of the people of Lowndes County, the governing author-
ity of said county is further authorized and empowered to regulate
2594
GENERAL ACTS AND RESOLUTIONS, VOL. I
and exercise police powers over any businesses operated or conducted
within the unincorporated areas of said county, except those busi-
nesses regulated by the Public Service Commission and those corpo-
rations organized under Chapter 3 of Title 46 of the Official Code of
Georgia Annotated, and to prescribe and enforce such rules and
regulations as may be necessary to effectuate the powers herein
granted. Violation of any such regulations adopted by said governing
authority of Lowndes County shall constitute a misdemeanor punish-
able upon conviction thereof as prescribed by the general laws of the
State of Georgia.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to provide that the board of
commissioners of Lowndes County
shall have the right and power to as-
sess and collect license fees and taxes
from all persons, firms, and corpora-
tions doing business in the unincor-
porated area of Lowndes County?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2595
WHITFIELD COUNTY MERIT SYSTEM OF
PERSONNEL ADMINISTRATION.
Proposed Amendment to the Constitution.
No. 154 (House Resolution No. 671).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize
the board of commissioners of Whitfield County to provide by
ordinance or resolution for the creation of a merit system of employ-
ment and personnel administration for employees of Whitfield
County paid in whole or in part by county funds, other than elected
and certain appointed officials; to provide for matters relating
thereto; to provide for the submission of this amendment for ratifica-
tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article IX, Section V, Paragraph II of the Constitu-
tion is amended by adding at the end thereof the following paragraph:
Notwithstanding any other provision of this Constitution to the
contrary, the board of commissioners of Whitfield County is autho-
rized to provide by ordinance or resolution for the creation of a merit
system of employment and personnel administration for employees of
the county who are paid in whole or in part by county funds, other
than officials elected by the people or persons appointed to a position
for a specified term and subject to the limitations hereinafter pro-
vided. The merit system shall be administered pursuant to rules and
regulations of the Whitfield County Merit System adopted by ordi-
nance or resolution by the board of commissioners of Whitfield
County. Positions of employment within departments subject to the
jurisdiction of the probate judge, the tax commissioner, the sheriff,
and the clerk of superior court or other commissions, boards, or
bodies shall be subject to the rules and regulations of the merit system
only upon the written application of the county officer, commission,
board, or body having the power of appointment, employment, or
removal from positions within that office, department, commission,
board, or body. Once positions of employment are made subject to
the rules and regulations of the merit system, they shall not be
2596
GENERAL ACTS AND RESOLUTIONS, VOL. I
removed thereafter from the coverage of the merit system. As a
condition necessary for the ordinance or resolution creating the merit
system to become effective, the board of commissioners of Whitfield
County shall conduct at least three public hearings on the proposed
ordinance or resolution. Such public hearings shall be conducted
during a period of 60 days prior to the proposed effective date of the
ordinance or resolution. All ordinances or resolutions adopted pursu-
ant to this paragraph shall control in Whitfield County over any
general law or local law heretofore or hereafter enacted by the General
Assembly dealing with matters provided for in this paragraph.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to authorize the board of com-
missioners of Whitfield County to
provide by ordinance or resolution
for the creation of a merit system of
employment and personnel adminis-
tration for employees of Whitfield
County paid in whole or in part by
county funds, other than elected or
certain appointed officials?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2597
CITY OF UNION CITY HOMESTEAD
EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 155 (House Resolution No. 672).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide an
increase in the maximum income qualification for homestead exemp-
tions from the city ad valorem taxation for resident homeowners in
the City of Union City who are 65 years of age or older; 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 of the State of Georgia of 1976, as amended, is amended by
deleting from that paragraph regarding homestead exemptions for
aged, low-income residents of the City of Union City, Georgia (Ga. L.
1977, p. 1572) and ratified on November 7, 1978, the phrase six
thousand dollars ($6,000.00) and inserting in lieu thereof the phrase
eight thousand dollars ($8,000.00), so that said paragraph shall
provide as follows:
A homestead of each resident who is 65 years of age or older, with
an annual income of eight thousand dollars ($8,000.00) or less in the
City of Union City actually occupied by the owner primarily as such,
is hereby exempted from all city ad valorem taxes in an amount of
four thousand dollars ($4,000.00) of its value.
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:
2598
GENERAL ACTS AND RESOLUTIONS, VOL. I
( ) YES Shall the Constitution be amended
( ) NO so as to provide for an increase in the
maximum income qualification from
$6,000.00 to $8,000.00 for homestead
exemptions from city ad valorem
taxation for resident homeowners in
the City of Union City who are 65
years of age or older?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
SCHLEY COUNTY CIVIL JURISDICTION OF
JUSTICES OF THE PEACE.
Proposed Amendment to the Constitution.
No. 156 (House Resolution No. 698).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the
dollar amount of civil cases over which the justices of the peace of
Schley 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 amended by adding at the end thereof the following paragraph:
GEORGIA LAWS 1982 SESSION
2599
Provided, however, that in Schley County the justices of the
peace shall have jurisdiction in all civil cases arising ex contractu in
cases of injury or damage to and conversion of personal property
when the principal sum does not exceed $750.00 and shall sit monthly
at fixed times and places, but in all cases there may be an appeal to a
jury in said court or an appeal to the superior court under such
regulations as may be prescribed by law.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to increase the dollar amount of
civil cases over which the justices of
the peace of Schley County shall
have jurisdiction from $200.00 to
$750.00?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
2600
GENERAL ACTS AND RESOLUTIONS, VOL. I
HOUSTON COUNTY SALES TAX FOR
EDUCATIONAL PURPOSES.
Proposed Amendment to the Constitution.
No. 157 (House Resolution No. 699).
A RESOLUTION
Proposing an amendment to the Constitution so as to impose a
local sales and use tax in Houston County and allocate the proceeds of
the tax to the Houston County School System only if the power of said
school system to levy ad valorem taxes is limited by another constitu-
tional amendment; to provide for submission of this amendment for
ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article IX, Section IV, Paragraph III of the Constitu-
tion is amended by adding a new paragraph at the end thereof to read
as follows:
There is hereby imposed in Houston County a sales and use tax.
Said tax, except as otherwise provided in this paragraph, shall be
identical to and administered in the same manner as the joint county
and municipal sales tax authorized by Chapter 48-8 of the Official
Code of Georgia Annotated, as now or hereafter amended. All
proceeds of the tax which would otherwise be distributed to Houston
County and qualified municipalities therein shall be distributed to
the Houston County School System. The ratification of this para-
graph shall have the effect of approval of the tax at a referendum
under Code Section 48-8-5, and no further referendum shall be
required for imposition of the tax. This paragraph shall be self-
executing, but the General Assembly may provide by local law for the
administration of this paragraph. This paragraph shall be effective
only if there is ratified at the same general election at which this
paragraph is ratified an amendment to the Constitution which limits
the power of Houston County and the Houston County School
District to impose, levy, collect, and receive ad valorem taxes.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
GEORGIA LAWS 1982 SESSION
2601
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to impose a local sales and use
tax in Houston County and allocate
the proceeds of the tax to the Hous-
ton County School System only if
the power of said school system to
levy ad valorem taxes is limited by
another constitutional amend-
ment?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
HOUSTON COUNTY AD VALOREM TAXES
FOR EDUCATIONAL PURPOSES.
Proposed Amendment to the Constitution.
No. 158 (House Resolution No. 700).
A RESOLUTION
Proposing an amendment to the Constitution so as to limit the
power of Houston County and the Houston County School District to
impose, levy, collect, and receive ad valorem taxes; to provide for
submission of this amendment for ratification or rejection; and for
other purposes.
2602
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section I, Paragraph II of the Constitu-
tion is amended by adding at the end thereof a new paragraph tt> read
as follows:
Notwithstanding any other existing or future provision of this
Constitution or of general law, neither Houston County nor the
Houston County School District may impose, levy, collect, or receive
any ad valorem tax at a mill rate higher than is authorized by this
paragraph.
(1) As used in this paragraph, the term local government
means Houston County and the Houston County School District.
For purposes of this paragraph, taxes which are imposed, levied, or
collected by Houston County on behalf of the Houston County
School District are considered to be taxes imposed, levied, and
collected by the Houston County School District.
(2) The maximum allowable mill rate for taxes levied by
each local government in 1983 and each year thereafter shall be
the mill rate specified in this paragraph (2):
(A) The maximum mill rate each such local taxing
jurisdiction may levy in any tax year without a referendum
shall be determined as follows: (i) multiply the mill rate
actually billed to taxpayers by the local taxing jurisdiction for
the tax year beginning January 1, 1980, by 105 percent; (ii)
then, multiply the mill rate determined in (i) above, rounded
off to the nearest five decimal places, by a fraction, rounded
off to the nearest three decimal places, the numerator of
which is the average net taxable digest for the local taxing
jurisdiction for the two tax years immediately preceding the
year the tax is to be levied; and the denominator of which is
the net taxable digest for the local taxing jurisdiction for the
tax year in which the levy is to be made.
(B) The maximum allowable mill rate for each govern-
ment in each year shall be reduced by the mill rate which
would yield on the digest for that year an amount equal to the
amount received by the local government in the immediately
preceding year from any local sales and use tax.
GEORGIA LAWS 1982 SESSION
2603
(C) The maximum allowable mill rate for the Houston
County School District shall be increased in any year if the
amount of required local effort credit appropriation of state
funds available to the school district intended for ad valorem
tax relief (or any similar appropriation) for the immediately
preceding year is less than the amount of such appropriation
available to the school district for 1980. The amount of
increase in the maximum allowable mill rate shall be the
number of mills which would yield on the digest for that year
an amount equal to the amount by which the local effort
credit appropriation available to the school district for the
preceding year is less than the amount of such appropriation
so available in 1980.
(3) Except as provided in this subsection (3), neither local
government may in any year impose, levy, collect, or receive any
ad valorem tax at a mill rate higher than the maximum allowable
mill rate computed according to subsection (2).
(A) Said mill rate limitation shall not apply to taxes to
retire bonded indebtedness incurred following the approval of
such indebtedness at a referendum.
(B) Said mill rate limitation shall not apply to state
taxes, and the provisions of this paragraph shall in no way
affect state taxes.
(C) Said mill rate limitation shall not apply to taxes
levied for the express purpose of paying the cost of any direct
loss suffered by the local government as a result of war,
insurrection, or other extraordinary peril, catastrophe, or
emergency. The additional tax authorized herein shall be
limited to the amount of expenditures necessary to place the
local government in the position in which it would have been
had such emergency not occurred. No such additional tax
shall be levied except after adoption by a two-thirds majority
of a resolution of the local governing body which declares the
existence of the emergency and specifies the resulting
expenditures.
(D) Said mill rate limitation shall not apply to taxes
levied for the express purpose of paying the cost of expendi-
tures which are in the future mandated by court order or state
2604
GENERAL ACTS AND RESOLUTIONS, VOL. I
or federal law and which are not funded by state or federal
funds. No such additional tax shall be levied except after
adoption by a two-thirds majority of a resolution of the local
governing body which identifies the source of the mandate
and specifies the mandated expenditures.
(4) Except as provided in subsection (3), the local govern-
ment may levy taxes in any year in excess of the maximum
allowable mill rate for the year only if the increased levy is
approved at a referendum by the voters of the local government.
The local governing body shall hold at least three public hearings
on the increased levy at different locations within the local govern-
ment prior to the date of the referendum. Notice of each hearing
shall be published once a week for at least three weeks prior to the
hearing in the local governments legal organ. Such increased levy
for any tax year may be made only if approved by a majority of the
voters voting in the 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
( ) NO so as to limit the power of Houston
County and the Houston County
School District to impose, levy, col-
lect, and receive ad valorem taxes?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2605
CITY OF COLLEGE PARK HOMESTEAD
EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 159 (House Resolution No. 701).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the
amount of the homestead exemption from city ad valorem taxation to
resident homeowners in the City of College Park, who are under the
age of 65 to the amount of $6,000.00 and to increase the homestead
exemption from city ad valorem taxation to resident homeowners in
the City of College Park who are totally disabled or 65 years of age or
older to the amount of $8,000.00; 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 amended by adding at the end thereof the following:
A homestead of each resident under the age of 65 of the City of
College Park actually occupied by the owner as a residence and a
homestead, but only so long as actually occupied by the owner
primarily as such, is hereby exempted from city ad valorem taxes,
except taxes levied by said city for the payment of interest on and
retirement of bonded indebtedness, in the amount of $6,000.00 of its
value.
A homestead of each resident who is totally disabled or is 65 years
of age or older of the City of College Park actually occupied by the
owner as a residence and homestead, but only so long as actually
occupied by the owner primarily as such, is hereby exempted from all
city ad valorem taxes, except taxes levied by said city for the payment
of interest and retirement of bonded indebtedness, in the amount of
$8,000.00 of its value.
Section 2. That certain amendment to Article VII, Section I,
Paragraph IV of the Constitution which was ratified November 4,
1980, which is set forth in Georgia Laws 1980 pages 2144-2146, and
which reads as follows:
2606
GENERAL ACTS AND RESOLUTIONS, VOL. I
A homestead of each resident under the age of 65 of the City of
College Park actually occupied by the owner as a residence and
homestead, but only so long as actually occupied by the owner
primarily as such, is hereby exempted from city ad valorem taxes,
except taxes levied by said city for the payment of interest on and
retirement of bonded indebtedness, in an amount of four thousand
dollars ($4,000.00) of its value.
A homestead of each resident who is totally disabled or is 65 years
of age or older, of the City of College Park actually occupied by the
owner primarily as such, is hereby exempted from all city ad valorem
taxes, except taxes levied by said city for the payment of interest and
retirement of bonded indebtedness, in an amount of six thousand
dollars ($6,000.00) of its value.,
is repealed in its entirety.
Section 3. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to provide for a homestead ex-
emption for resident homeowners of
the City of College Park who are
under age 65 in the amount of
$6,000.00 and in the amount of
$8,000.00 for such resident home-
owners who are totally disabled or 65
years of age or older?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2607
THOMASTON-UPSON COUNTY INDUSTRIAL
AUTHORITY PROJECTS.
Proposed Amendment to the Constitution.
No. 160 (House Resolution No. 705).
A RESOLUTION
Proposing an amendment to the Constitution so as to enlarge and
expand upon the types and kinds of projects which the Thomaston-
Upson County Industrial Development Authority may undertake and
in which it may be engaged; to provide for the submission of this
amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. The amendment to the Constitution of Georgia of
1945 which created the Thomaston-Upson County Industrial Devel-
opment Authority, which amendment was ratified at the general
election held in 1964 and which is set forth in Ga. L. 1964, p. 817, and
which was continued in force and effect by the provisions of the
Constitution of Georgia of 1976, is amended by striking therefrom
subparagraph (2) of paragraph D. and substituting in lieu thereof the
following new subparagraph (2) to read as follows:
(2) The word Project shall be deemed to mean and include the
optioning, acquisition (by purchase or otherwise), leasing, construc-
tion, installation, modification, renovation, or rehabilitation of land,
interests in land, buildings, structures, facilities, or other improve-
ments anywhere within the City of Thomaston or the County of
Upson, and the acquisition (by purchase or otherwise), leasing, instal-
lation, modification, renovation, rehabilitation, or furnishing of fix-
tures, machinery, equipment, furniture, or other property of any
nature whatsoever used or useful for the purpose of the maintenance,
enhancement, or development of trade, commerce, industry, or
employment opportunities in the said City of Thomaston or the
County of Upson. Any such project may be for any industrial,
commercial, business, trade, office, parking, public, or other use so
long as its purpose is either to maintain, enhance, or develop trade,
commerce, industry, or employment within the confines of said City
of Thomaston or County of Upson.
2608
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. The said amendment to the Constitution of Georgia
which created the Thomaston-Upson County Industrial Develop-
ment Authority is further amended by striking therefrom subpara-
graph (7) of paragraph F. and substituting in lieu thereof the follow-
ing new subparagraph (7) to read as follows:
(7) To maintain, enhance, develop, encourage, or promote
trade, commerce, industry, or employment in the City of Thomaston
or the County of Upson and to make a long-range plan therefor.
Section 3. The said amendment to the Constitution of Georgia
which created the Thomaston-Upson County Industrial Develop-
ment Authority is further amended by striking therefrom subpara-
graph (16) of Paragraph F. and substituting in lieu thereof the
following new subparagraph (16) to read as follows:
(16) To do all things within its power to maintain, enhance,
develop, promote, or encourage employment opportunities and trade,
commerce, and industry in the City of Thomaston or the County of
Upson.
Section 4. 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
( ) NO so as to enlarge and expand upon the
types and kinds of projects which
the Thomaston-Upson County In-
dustrial Development Authority
may undertake and in which it may
be engaged?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2609
HENRY COUNTY AD VALOREM TAX
EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 161 (House Resolution No. 713).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that
certain capital improvements of new manufacturing establishments
shall be exempt from certain county ad valorem taxes in Henry
County; to provide for submission of this amendment for ratification
or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Paragraph IV of Section I of Article VII of the
Constitution is amended by adding at the end thereof a new para-
graph to read as follows:
All capital improvements of each new manufacturing establish-
ment located in Henry County, Georgia, shall be exempt from all
county ad valorem taxes, except for school purposes, for three years
from the time of its establishment provided such establishment has
capital improvements of $1 million or more. For the purpose of this
exemption, the term manufacturing establishment shall mean and
include every person, firm, partnership, or corporation engaged in
making, fabricating, or changing things into new forms for use or in
refining, rectifying, or combining different materials for use. The
term capital improvements shall mean and include buildings,
machinery, and equipment directly connected with the manufac-
turing process.
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:
2610
GENERAL ACTS AND RESOLUTIONS, VOL. I
( ) YES Shall the Constitution be amended
( ) NO so as to provide that certain capital
improvements of new manufactur-
ing establishments shall be exempt
from all Henry County ad valorem
taxes, except taxes for school pur-
poses, for three years from their es-
tablishment?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
CITY OF DORAVILLE HOMESTEAD
EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 162 (House Resolution No. 716).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a
homestead exemption for residents of the City of Doraville in an
amount to be fixed by the governing authority of the city at not more
than $50,000.00 from all ad valorem taxes levied and collected by the
city; to provide for the submission of this amendment for ratification
or rejection; and for other purposes.
GEORGIA LAWS 1982 SESSION
2611
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu-
tion is amended by striking the following paragraph:
The governing authority of the City of Doraville may grant an
exemption from city ad valorem taxes on a homestead owned and
occupied by a resident of the city as a residence and homestead, and
only so long as actually occupied by the owner primarily as such, in an
amount to be fixed by the governing authority at not more than
$20,000.00 of its value. The governing authority of the city may by
ordinance provide the procedures and requirements necessary for the
proper administration of this exemption. The exemption granted to
the homestead within this paragraph shall extend to and shall apply
to those properties, the legal title to which is vested in one or more
titleholders, if actually occupied by one or more such owners as a
residence. In such instances, such exemptions shall be granted to
such properties, if claimed in the manner required by the city by one
or more of the owners actually residing on such property. Such
exemptions shall also extend to those homesteads, the title to which is
vested in an administrator, executor, or trustee, if one or more of the
heirs or cestui que uses residing on such property shall claim the
exemption granted by this paragraph in the manner required by the
city.,
in its entirety and inserting in lieu thereof a new paragraph to read as
follows:
The governing authority of the City of Doraville may grant an
exemption from city ad valorem taxes on a homestead owned and
occupied by a resident of the city as a residence and homestead, and
only so long as actually occupied by the owner primarily as such, in an
amount to be fixed by the governing authority at not more than
$50,000.00 of its value. The governing authority of the city may by
ordinance provide the procedures and requirements necessary for the
proper administration of this exemption. The exemption granted to
the homestead within this paragraph shall extend to and shall apply
to those properties, the legal title to which is vested in one or more
titleholders, if actually occupied by one or more such owners as a
residence. In such instances, such exemptions shall be granted to
such properties, if claimed in the manner required by the city by one
or more of the owners actually residing on such property. Such
2612
GENERAL ACTS AND RESOLUTIONS, VOL. I
exemptions shall also extend to those homesteads, the title to which is
vested in an administrator, executor, or trustee, if one or more of the
heirs or cestui que uses residing on such property shall claim the
exemption granted by this paragraph in the manner required by the
city.
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
( ) NO so as to provide for a homestead ex-
emption for residents of the City of
Doraville in an amount to be fixed by
the governing authority of the city at
not more than $50,000.00 from all ad
valorem taxes levied and collected
by the city?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2613
FULTON COUNTY BUILDING AUTHORITY.
Proposed Amendment to the Constitution.
No. 163 (House Resolution No. 718).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize,
ratify, and affirm the creation by the General Assembly of a building
authority of Fulton County; to authorize such authority to enter into
certain contracts; to authorize the General Assembly to exempt the
obligations, properties, activities, or income of such authority from
taxation; to authorize the General Assembly to provide for the
validation of any revenue obligation of such authority; to provide for
the submission of this amendment for ratification or rejection; and for
other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article IX, Section VI, Paragraph I of the Constitu-
tion is amended by adding at the end thereof the following:
The construction, acquisition, and development of such facilities
as are deemed necessary for the efficient operation of governmental
entities, agencies, and corporations is hereby declared to be a public
purpose vital to the welfare of the people of this state and of Fulton
County. The General Assembly may create a building authority of
Fulton County to promote and further such purposes under such
terms as it may deem necessary or appropriate, and the prior creation
of said authority is hereby ratified, approved, and affirmed. Such
authority may contract for any period not exceeding 50 years, with
any person or entity of any kind whatsoever including, but not limited
to, this state, or any other state, or the United States or any other
nation, or any authority, city, town, municipality, or county of this
state or any other state or the United States or any other nation, or
any public agency or public corporation or private person or entity
(all such persons or entities being collectively referred to hereinafter
as the contracting parties and each being individually referred to as
contracting party), for the use by any such contracting party or the
residents thereof of any facilities or services of said authority, pro-
vided that any such contract shall deal with such activities and
2614
GENERAL ACTS AND RESOLUTIONS, VOL. I
transactions as such person or entity is authorized to undertake. The
General Assembly may exempt from taxation the obligations, proper-
ties, activities, or income of said authority and may authorize the
issuance of revenue obligations by said authority which shall not
constitute an indebtedness of the state within the meaning of Section
VII of this article. Any action heretofore taken by the General
Assembly to create the authority, to exempt from taxation the
obligations, properties, activities, or income of the authority, or to
authorize the issuance of revenue obligations by the authority, or any
or all of the foregoing, is hereby ratified, approved, and affirmed. Any
authority authorized or ratified hereby may be continued in existence
by local law or by action of the governing authority of Fulton County
in the same manner as is prescribed for the adoption of home rule
amendments.
The General Assembly may provide for the validation of any
revenue obligations authorized, such validation shall thereafter be
incontestable and conclusive, and any such action heretofore taken by
the General Assembly is hereby ratified and affirmed.
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:
jp ) YES Shall the Constitution be amended
( ) NO so as to authorize, ratify, and affirm
the creation of a building authority
of Fulton County, to authorize said
authority to enter into certain con-
tracts, to authorize the exemption of
said authoritys activities from taxa-
tion, and to authorize provisions for
validation of its obligations?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2615
COBB COUNTY VACANCIES IN OFFICE OF
JUSTICE OF THE PEACE.
Proposed Amendment to the Constitution.
No. 164 (House Resolution No. 730).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that
a vacancy in the office of a justice of the peace in Cobb County shall
not be filled until the next general election after the occurrence of the
vacancy; to provide for the submission of this amendment for ratifica-
tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VI, Section VII, Paragraph III of the Constitu-
tion is amended by adding a new paragraph at the end thereof to read
as follows:
Any other provisions of this Constitution to the contrary not-
withstanding, a vacancy in the office of a justice of the peace in Cobb
County shall not be filled until the next general election after the
occurrence of the vacancy.
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
( ) NO so as to provide that a vacancy in the
office of a justice of the peace in
Cobb County shall not be filled until
the next general election after the
occurrence of the vacancy?
2616
GENERAL ACTS AND RESOLUTIONS, VOL. I
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
CITY OF AUGUSTA AD VALOREM TAX
EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 165 (House Resolution No. 740).
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt
from City of Augusta ad valorem taxes certain capital improvements
of commercial and business establishments; to provide for 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 VII, Section I, Paragraph IV of the Constitu-
tion is amended by adding immediately before the final paragraph
the following:
All capital improvements of each new commercial or business
establishment located in the City of Augusta shall be exempt from all
ad valorem taxes, except taxes to retire bonded debt, levied by the
City of Augusta for a period of five years after completion of the
improvements if the improvements have a fair market value of
$100,000.00 or more. Each addition to the capital improvements of an
existing commercial or business establishment located in the City of
Augusta shall be exempt from all ad valorem taxes, except taxes to
GEORGIA LAWS 1982 SESSION
2617
retire bonded debt, levied by the City of Augusta for a period of five
years after completion of the additional improvements if the addi-
tional improvements have a fair market value of $100,000.00 or more.
The value of each establishment in excess of the amount exempted by
this paragraph shall remain subject to taxation. As used in this
paragraph, the term capital improvements includes buildings,
machinery, equipment, and fixtures but does not include land or
inventory. This paragraph shall in no way affect any state, county, or
school taxes.
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
( ) NO so as to exempt from City of Augusta
ad valorem taxes certain capital im-
provements of commercial and busi-
ness establishments?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
2618
GENERAL ACTS AND RESOLUTIONS, VOL. I
HAPEVILLE DEVELOPMENT AUTHORITY.
Proposed Amendment to the Constitution.
No. 166 (House Resolution No. 741).
A RESOLUTION
Proposing an amendment to the Constitution of the State of
Georgia so as to create the Hapeville Development Authority; to
provide for the powers, authority and duty of such Authority; to
authorize the Authority to issue its revenue bonds, and to provide for
the method and manner of such issuance and for validation thereof; to
authorize the Authority to contract with the City of Hapeville and
with the State of Georgia and any departments, institutions, agencies,
municipalities, counties or political subdivisions of the State of
Georgia, public corporations and others; to authorize the City of
Hapeville to contract with the Authority for the use by the City of
Hapeville or the residents thereof of any facilities or services of the
Authority, and to authorize said city to create special tax districts and
to levy taxes and to expend tax monies from said tax districts as well
as tax funds of the city and other available funds of the city and to
authorize the city to make payment thereof to the Authority upon
such terms as may be provided in any contract entered into by and
between the Authority and the City of Hapeville; to authorize the
establishment of such rules and regulations and procedures as are
necessary to accomplish the lawful purpose of said Authority; to
provide for submission of this amendment for ratification or rejec-
tion; to repeal conflicting laws; 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 of the State of Georgia is hereby amended by adding at the end
thereof the following:
HAPEVILLE DEVELOPMENT AUTHORITY
1. Creation. There is hereby created a body, corporate and
politic to be known as the Hapeville Development Authority which
shall be deemed to be an instrumentality and political subdivision of
the State of Georgia and a public corporation thereof and by that
GEORGIA LAWS 1982 SESSION
2619
name, style and title said body may contract and be contracted with,
sue and be sued, implead and be impleaded and complain and defend
in all courts of law and equity.
2. Purpose. The said Authority is created for the purpose of
acquiring, constructing, adding to, extending, improving, equipping,
maintaining, and operating any public industrial, commercial, busi-
ness or office projects, buildings and other public facilities, parking
lots or garages and other parking structures and any and all other
facilities useful or desirable in connection therewith, acquiring the
necessary property therefor, both real and personal, with the right to
contract for the use of or to lease or sell any or all of such facilities,
including real property, and to do any and all things deemed by the
Authority necessary, convenient or desirable for and incident to the
efficient and proper development and operation thereof, and to attain
development and promote for the public good, general welfare, trade,
commerce, industry and employment opportunities and to promote
the general welfare of the community, by creating a climate favorable
to the location of new industry, trade and commerce, and the develop-
ment of existing industry, trade and commerce, and same is vested
with authority to ascertain and designate areas it deems proper to be
blighted, retarded or slum areas which constitute a serious and
growing menace injurious to the public health, safety, morals and
welfare of the residents of the City of Hapeville; the existence of such
areas constitutes substantially and increasingly to the spread of
disease, crime and constitutes increasingly an economic and social
liability, substantially impairs or arrests the sound growth of the
municipality, retards the provision of housing for commercial accom-
modations, aggravates traffic problems and substantially impairs or
arrests the elimination of traffic hazards and the improvement of
traffic facilities; and the prevention and elimination of such areas is a
matter of State and local policy and State and local concern in order
that the State and its political subdivisions shall not continue to be
endangered by areas which are focal centers of economic and social
liability, and while contributing little to the tax income of the State
and its municipalities, consume an excessive proportion of its revenue
because of the extra services required for police, fire, accident,
hospitalization and other forms of public protection, services and
facilities; in order to alleviate the aforesaid problems and to accom-
plish the aforestated purpose, the Authority shall be vested with such
powers as are necessary to accomplish same by acquisition, clearance
and disposition subject to use restrictions of property, both real and
personal, since the prevailing condition of decay may make impracti-
2620
GENERAL ACTS AND RESOLUTIONS, VOL. I
cal the reclamation of the area by conservation or rehabilitation; some
areas or portions thereof may be susceptible to conservation or
rehabilitation in such a manner that the conditions and evils herein-
above enumerated may be eliminated or remedied or prevented and
to the extent feasible, savable areas should be conserved and rehabili-
tated through voluntary private action and regulatory processes; and
the Authority may do any and all things deemed by such Authority
necessary, convenient or desirable for and incident to the efficient
proper development and operation thereof.
3. Membership. The Authority shall consist of nine (9) mem-
bers, one of whom shall be the Mayor of the City of Hapeville,
Georgia, or his designated member from the City Council of the City
of Hapeville.
(a) Qualifications. All persons who have resided within the
limits of the City of Hapeville for at least six months shall be eligible
for nomination to membership on the Authority.
(b) Composition and Appointments. The remaining eight posi-
tions for membership in the Authority shall be comprised as follows:
The eight positions shall be filled by resolution of the Mayor and
Council of Hapeville. The Mayor of the City of Hapeville or his
designee shall serve during the term of office for which he was elected.
The Chairman of the Authority shall be selected by a majority of its
members at the first annual meeting of each calendar year. The
members of the Authority shall serve four (4) year staggered terms as
follows: For the initial membership of the Authority, of the eight (8)
positions filled by resolution of the Mayor and Council of Hapeville,
two positions shall be filled for a one-year term, two positions shall be
filled for two-year terms, two positions shall be filled for three-year
terms and two positions for a four-year term. Thereafter, upon
completion of a term for appointment, each successor shall be
appointed for a four-year term and until their successors have been
selected and appointed. Any member of the Authority may be
selected and appointed to succeed himself. All appointments shall be
for a term commencing on January 1 and ending December 31. The
members of the Authority shall enter upon their duties immediately
after such appointment. The Authority shall elect one of its members
to serve as Vice Chairman who shall be elected for a term of one year
or until his successor is selected and qualified and annually thereafter
the Authority shall select one of its members in the same manner for a
one-year term. The Authority shall also select a Secretary-Treasurer
GEORGIA LAWS 1982 SESSION
2621
which Secretary-Treasurer need not necessarily be a member of the
Authority and, if not a member, he or she shall have no voting rights
and said Secretary-Treasurer shall be elected to serve at the pleasure
of the Authority. No member of the Authority shall hold more than
one office except that of Secretary-Treasurer. Four members of the
Authority shall constitute a quorum. A majority of the members shall
be empowered to exercise the rights and perform all the duties of the
Authority and no vacancies on the Authority shall impair the right of
the quorum to act. In the event of a vacancy on the Authority through
death, resignation or otherwise, the same shall be filled for the
unexpired term of the member ceasing to be a member of such
Authority for any reason in the same manner that such member
originally became a member of the Authority. The Authority shall
make rules and regulations for its own government. It shall have
perpetual existence. In the event the number of members of the
Authority or the qualifications of the membership or the manner in
which the members of the Authority shall be selected shall ever be the
subject of change, the same may be accomplished by an Act of the
General Assembly, except that the General Assembly may not alter
the term of office of any duly appointed member then serving.
4. Definitions. As used herein the following words and terms
shall have the following meanings:
(a) The word Authority shall mean the Hapeville Development
Authority herein created.
(b) The word Project shall be deemed to mean and include the
acquisition, construction, installation, leasing, furnishing, or equip-
ping of new industrial, commercial, business, office, trade or public
facilities or the improvement, modification, renovation, acquisition,
expansion, modernization, rehabilitation, leasing, equipping, furnish-
ing, or remodeling of existing industrial, commercial, business, office,
trade, or public facilities located or to be located within the City of
Hapeville, including, but not limited to: one or more buildings or
structures to be used in the production, manufacturing, processing,
assembling, storing or handling of any agricultural, manufactured,
mining or industrial product, or any combination of the foregoing; one
or more buildings or structures or property useful or necessary in the
transportation of persons or property; one or more buildings or
structures or property to be used, maintained and operated as a
multi-use coliseum and civic center type facilities to be used for
athletic contests, games, meetings, trade fairs, expositions, political
2622
GENERAL ACTS AND RESOLUTIONS, VOL. I
conventions, agricultural events, theatrical and musical performances
and all other public entertainments permitted by law, and the usual
facilities related thereto, including, without limitation, refreshment
stands and restaurants; one or more buildings or structures or prop-
erty useful or necessary in the accommodations of people, including
but without limitation, any hotel, motel, motor inn, lodging house,
lodge or any combination thereof; one or more buildings or structures
used for any industrial, commercial business, office, public or other
use; and parking facilities or parking areas, including but not limited
to related buildings and the usual and convenient facilities appertain-
ing to such undertakings, and extensions and improvements of such
facilities.
(c) The term cost of project shall include: all costs of construc-
tion, purchase or other form of acquisition; all costs of real or personal
property required for the purposes of such project and of all facilities
related thereto, including land and any rights or undivided interest
therein, easements, franchises, water rights, fees, permits, approvals,
licenses and certificates and the securing of such franchises, permits,
approvals, licenses and certificates and the preparation of applica-
tions therefor; all machinery, equipment, initial fuel and other sup-
plies required for such project; financing charges, interest prior to and
during construction and during such additional period as the Author-
ity may reasonably determine to be necessary for the placing of such
project in operation; costs of engineering architectural and legal
services; fees paid to fiscal agents for financial and other advice or
supervision; cost of plans and specifications and all expenses neces-
sary or incidental to the construction, purchase or acquisition of the
completed project or to determining the feasibility or practicability of
the project; administrative expenses and such other expenses as may
be necessary or incidental to the financing herein authorized. There
may also be included, as part of such cost of project, the repayment of
any loans made for the advance payment of any part of such cost,
including the interest thereon at rates to be determined by the
Authority, which loans are hereby authorized if made payable solely
from the proceeds of such Authoritys bonds or notes or revenues to
be received in connection with the leasing sale or financing of the
project. The cost of any project may also include a fund or funds for
the creation of a debt service reserve, a renewal and replacement
reserve, and such other reserves as may be reasonably required by the
Authority with respect to the financing and operation of its projects
and as may be authorized by any bond resolution or trust agreement
or indenture pursuant to the provisions of which the issuance of any
GEORGIA LAWS 1982 SESSION
2623
such bonds may be authorized. Any obligation or expense incurred
for any of the foregoing purposes shall be regarded as a part of the
cost of the project and may be paid or reimbursed as such out of the
proceeds of revenue bonds or notes issued.
(d) The terms revenue bonds and bonds shall mean any bonds
of the Authority which are hereunder authorized to be issued, includ-
ing refunding bonds, as though such revenue bonds had originally
been authorized to be issued under the provisions of the Revenue
Bond Law (Ga. Laws 1957, p. 36, et seq., as amended) amending the
law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws
1937, p. 761, et seq., as amended) and in addition shall also mean any
obligations of the Authority, the issuance of which are hereinafter
specifically provided for.
(e) Any project or combination of projects shall be deemed self-
liquidating if, in the judgment of the Authority the revenues and
earnings to be derived by the Authority therefrom, including, but not
limited to, any revenues derived from the City of Hapeville or other
political subdivision under any contracts with the Authority, will be
sufficient to pay the cost of operating, repairing and maintaining the
project to pay the principal and interest on the revenue bonds which
may be issued to finance, in whole or in part, the cost of such project,
projects, or combination of projects.
5. Powers. The Authority shall have the powers:
(a) To sue and be sued, except as expressly provided for herein;
(b) To adopt and alter a corporate seal;
(c) To acquire by purchase, lease or otherwise, and to hold, lease
and dispose of real and personal property of every kind and character
for its corporate purposes;
(d) To acquire in its own name by purchase, on such terms and
conditions and in such manner as it may deem proper, or by condem-
nation, upon the approval of the Mayor and Council of the City of
Hapeville, and in accordance with the provisions of any and all laws
applicable to the condemnation of property for public use, real
property, or rights or easements therein, or franchises necessary or
convenient for its corporate purposes, and to use the same so long as
its corporate existence shall continue and to lease or make contracts
2624
GENERAL ACTS AND RESOLUTIONS, VOL. I
with respect to the use of or dispose of the same in any manner it
deems to the best advantage of the Authority, the Authority being
under no obligation to accept and pay for any property condemned
under the provisions hereof, except from the funds provided under
the authority hereof, and in any proceedings to condemn, such orders
may be made by the court having jurisdiction of the suit, action or
proceedings as may be just to the Authority and to the owners of the
property to be condemned; and no property shall be acquired under
the provisions hereof upon which any lien or other encumbrance
exists, unless at the time such property is so acquired a sufficient sum
of money be deposited in trust to pay and redeem the fair value of
such lien or encumbrance;
(e) To appoint, select and employ officers, agents and employ-
ees, including engineering, architectural and construction experts,
fiscal agents and attorneys, and fix their respective compensations;
(f) To make contracts and leases and to execute all instruments
necessary or convenient, including contracts for construction of pro-
jects and leases of projects or contracts with respect to the use of
projects which it causes to be erected or acquired, and to contract
with the City of Hapeville and with the State of Georgia and any
departments, institutions, agencies, counties, municipalities or politi-
cal subdivisions of the State of Georgia, public corporations and with
others upon such terms and for such purposes as may be deemed
advisable for a term not exceeding fifty years; and the City of
Hapeville is hereby authorized to enter into contracts and related
agreements for the use by the City of Hapeville or the residents hereof
of any project, structure, building or facility or a combination of two
or more projects, structures, buildings or facilities of the Authority for
a term not exceeding fifty years; and said City shall be and the same is
hereby specifically authorized to levy taxes, without limitation as to
rate or amount, and to expend tax monies of the City and any other
available funds and to obligate said City to make payment thereof to
the Authority upon such terms as may be provided in any contract
entered into by and between the Authority and the City of Hapeville,
in order to enable the Authority to pay the principal of and interest on
any of its bonds as same mature and to create and maintain a reserve
for that purpose and also to enable the Authority to pay the cost of
maintaining, repairing and operating the property or facilities so
furnished by said Authority;
GEORGIA LAWS 1982 SESSION
2625
(g) To acquire, construct, own, repair, add to, extend, improve,
equip, operate, maintain and manage projects, as hereinabove
defined, the cost of any such project to be paid, in whole or in part,
from the proceeds of revenue bonds of the Authority or from such
proceeds and any grant or contribution from the United States of
America or any agency or instrumentality thereof or from the State of
Georgia or any agency or instrumentality thereof;
(h) 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
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;
(i) 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;
(j) To accept loans and/or grants of money or materials or
property of any kind from the United States of America or any agency
or instrumentality thereof, upon such terms and conditions as the
United States of America or such agency or instrumentality may
require;
(k) To accept loans and/or grants of money or materials or
property of any kind from the State of Georgia or any agency or
instrumentality or political subdivision thereof, upon such terms and
conditions as the State of Georgia or such agency or instrumentality
or political subdivision may require;
(l) To borrow money for any of its corporate purposes and to
issue negotiable revenue bonds payable solely from funds pledged for
that purpose, and to provide for the payment of the same and for the
rights of the holders thereof;
2626
GENERAL ACTS AND RESOLUTIONS, VOL. I
(m) To exercise any power usually possessed by private corpora-
tions performing similar functions, which is not in conflict with the
Constitution and laws of this State; and
(n) To do all things necessary or convenient to carry out the
powers expressly given hereunder.
6. Revenue Bonds. The Authority, or any authority or body
which has or which may in the future succeed to the powers, duties
and liabilities vested in the Authority created hereby, shall have
power and is hereby authorized to provide by resolution for the
issuance of negotiable revenue bonds, subject to the approval by the
Mayor and Council of the City of Hapeville, for the purpose of paying
all or any part of the cost as herein defined of any one or more
projects. The principal of and interest on such revenue bonds shall
be payable solely from the special funds herein provided for such
payment. The bonds of each issue shall be dated, shall bear interest at
such rate or rates per annum, payable at such time or times, shall
mature at such time or times not exceeding 40 years from their date or
dates, shall be payable in such medium of payment as to both
principal and interest as may be made redeemable before maturity, at
the option of the Authority, at such price or prices and under such
terms and conditions as may be fixed by the Authority in the
resolution providing for the issuance of the bonds.
7. Same; Form; Denomination; Registration; Place of Payment.
The Authority shall determine the form of the bonds, including any
interest coupons to be attached thereto, and shall fix the denomi-
nation or denominations of the bonds and the place or places of
payment of the principal thereof and the interest thereon, which may
be at any bank or trust company within or without the State. The
bonds may be issued in coupon or registered forms, or both, as the
Authority may determine, and provision may be made for the regis-
tration of any coupon bond as to principal alone and also as to both
principal and interest.
8. Same; Signature; Seal. In case any officer whose signature
shall appear on any bonds or whose facsimile signature shall appear
on any coupon shall cease to be such officer before the delivery of such
bonds, such signature shall nevertheless be valid and sufficient for all
purposes, the same as if such officer had remained in office until such
delivery. All such bonds shall be signed by the Chairman of the
Authority and the official seal of the Authority shall be affixed
GEORGIA LAWS 1982 SESSION
2627
thereto and attested by the Secretary-Treasurer of the Authority.
Either of such signatures on any coupons may be by facsimile
signature of the Chairman and Secretary-Treasurer of the Authority
in accordance with the provision of applicable law. Any bond may be
signed, sealed and attested on behalf of the Authority by such persons
as the actual time of the execution of such bonds shall be duly
authorized or hold the proper office, although at the date of sucb
bonds such persons may not have been so authorized or shall not have
held such office.
9. Same; Negotiability. All revenue bonds issued under the
provisions of this Act shall have and are hereby declared to be
negotiable under the Laws of this State, subject to provisions for
registration.
10. Same; Sale; Proceeds of Bonds. The Authority may sell such
bonds in such manner and for such price as it may determine to be for
the best interest of the Authority and the proceeds derived from the
sale of such bonds shall be used solely for the purpose provided in the
proceedings authorizing the issuance of such bonds.
11. Same; Interim Receipts and Certificates or Temporary Bonds.
Prior to the preparation of definitive bonds, the Authority may,
under like restrictions, issue interim receipts, interim certificates or
temporary bonds, with or without coupons exchangeable for defini-
tive bonds upon the issuance of the latter.
12. Same; Replacement of Lost or Mutilated Bonds. The Author-
ity may also provide for the replacement of any bonds or coupons
which shall become mutilated or be destroyed or lost.
13. Same; Conditions Precedent to Issuance. Such revenue bonds
may be issued without any other proceedings or the happening of any
other conditions or things other than those proceedings, conditions
and things which are specified or required hereunder. Any resolution,
providing for the issuance of revenue bonds under the provisions
hereof shall become effective immediately upon its passage and need
not be published or posed, and any such resolution may be passed at
any regular or special or adjourned meeting of the Authority.
14. Same; Credit not Pledged and Debt not Created. Revenue
bonds issued by the Authority hereunder shall not be deemed to
constitute a debt of the City of Hapeville, nor of the State of Georgia
2628
GENERAL ACTS AND RESOLUTIONS, VOL. I
or any municipality, county, authority, instrumentality or political
subdivision of the State of Georgia, which may contract with such
Authority.
15. Same; Trust Indentures as Security. In the discretion of the
Authority, any issue of such revenue bonds may be secured by a trust
indenture by and between the Authority and a corporate trustee,
which may be any trust company or bank having the powers of a trust
company within or without the State. Such trust indenture may
pledge or assign fees, tolls, revenues and earnings to be received by
the Authority. Either the resolution providing for the issuance of
revenue bonds or such trust indenture may contain such provisions
for protecting and enforcing the rights and remedies of the bondhold-
ers as may be reasonable and proper and not in violation of law,
including covenants setting forth the duties of the Authority in
relation to the acquisition of property, the construction of the project,
the maintenance, operation, repair and insuring of the project, and
the custody, safeguarding and application of all monies; and may also
provide that any project shall be constructed and paid for under the
supervision and approval of consulting engineers or architects
employed or designated by the Authority, and satisfactory to the
original purchasers of the bonds; and may also require that the
security given by contractors and by any depositary of the proceeds of
the bonds or revenues or other monies be satisfactory to such pur-
chasers, and may also contain provisions concerning the conditions, if
any, upon which additional revenue bonds may be issued. It shall be
lawful for any bank or trust company incorporated under the laws of
this State or any other State or the United States to act as such
depositary and to furnish such indemnifying bonds or pledge such
securities as may be required by the Authority. Such indenture may
set forth the rights and remedies of the bondholders and of the
trustee, and may restrict the individual right of action of bondholders
as is customary in trust indentures securing bonds and debentures of
corporations. In addition to the foregoing, such trust indenture may
contain such other provisions as the Authority may deem reasonable
and proper for the security of the bondholders. All expenses incurred
in carrying out such trust indenture may be treated as a part of the
cost of maintenance, operation and repair of the project affected by
such indenture.
16. To Whom Proceeds Shall be Paid. The Authority shall, in the
resolution providing for the issuance of revenue bonds or in the trust
indenture, provide for the payment of the proceeds of the sale of
GEORGIA LAWS 1982 SESSION
2629
bonds to any officer or person who, or any agency, bank or trust
company which, shall act as trustee of such funds and shall hold and
apply the same to the purposes hereof, subject to such regulations as
such resolutions or trust indentures may provide.
17. Sinking Fund. The revenues, fees, tolls and earnings derived
from any particular project or projects, regardless of whether or not
such fees, earnings, and revenues were produced by a particular
project for which bonds have been issued, unless otherwise pledged
and allocated, may be pledged and allocated by the Authority to the
payment of the principal of and interest on revenue bonds of the
Authority, as the resolution authorizing the issuance of the bonds or
in the trust instrument may provide, and such funds, so pledged from
whatever source received, which said pledge may include funds
received from one or more or all sources, shall be set aside at regular
intervals as may be provided in the resolution or trust indenture, into
a sinking fund, which said sinking fund shall be pledged to and
charged with the payment of (1) the interest upon such revenue bonds
as such interest shall fall due, (2) the principal of the bonds as the
same shall fall due, (3) the necessary charges of paying agents for
paying principal and interest and other investment charges, and (4)
any premium upon bonds retired by call or purchase as hereinabove
provided. The use and disposition of such sinking fund shall be
subject to such regulations as may be provided in the resolution
authorizing the issuance of the revenue bonds or in the trust inden-
ture, but, except as may otherwise be provided in such resolution or
trust indenture, such sinking fund shall be maintained as a trust
account for the benefit of all revenue bonds without distinction or
priority of one over another. Subject to the provisions of the
resolution authorizing the issuance of the bonds, or in the trust
indenture, any surplus monies in the sinking fund may be applied to
the purchase or redemption of bonds and any such bonds so pur-
chased or redeemed shall forthwith be cancelled and shall not again
be issued.
18. Remedies of Bondholders. Any holder of revenue bonds
issued under the provisions of this Act or any of the coupons apper-
taining thereto, and the trustee under the trust indenture, if any,
except to the extent the rights herein given may be restricted by
resolution passed before the issuance of the bonds or by the trust
indenture, may, either at law or in equity, by suit, action, mandamus,
or other proceedings, protect and enforce any and all rights under the
laws of the State of Georgia or granted hereunder or under such
2630
GENERAL ACTS AND RESOLUTIONS, VOL. I
resolution or trust indenture, and may enforce and compel perfor-
mance of all duties required by this Act or by such resolution or trust
indenture, to be performed by the Authority, or any officer thereof,
including the fixing, charging, and collecting of revenues, fees, tolls,
and other charges for the use of the facilities and services furnished.
19. Funding and Refunding Bonds. The Authority is hereby
authorized to provide by resolution, subject to the approval of the
Mayor and Council of the City of Hapeville, for the issuance of bonds
of the Authority for the purpose of funding or refunding any revenue
bonds issued under the provisions of this Act and then outstanding,
together with accrued interest thereon and premium, if any. The
issuance of such funding or refunding bonds, the maturities and all
other details thereof, the rights of the holders thereof, and the duties
of the Authority in respect to the same, shall be governed by the
foregoing provisions of this Act insofar as the same may be applica-
ble.
20. Venue and Jurisdiction. Any action to protect or enforce any
rights under the provisions of this Act or any suit or action against
such Authority shall be brought in the Superior Court of Fulton
County, Georgia, and any action pertaining to the validation of any
bonds issued under the provisions of this Act shall likewise be
brought in said court which shall have exclusive, original jurisdiction
of such actions.
21. Validation. Bonds of the Authority shall be confirmed and
validated in accordance with the procedure of the Revenue Bond
Law, as amended, or as the same may be hereafter amended. The
petition or validation shall also make a party defendant to such action
any municipality, county, authority, political subdivision or instru-
mentality of the State of Georgia which has contracted with the
Authority for the services and facilities of the project for which bonds
are to be issued and sought to be validated and any such municipality,
county, authority, political subdivisions or instrumentality shall be
required to show cause, if any exist, why such contract or contracts
and the terms and conditions thereof should not be inquired into by
the court and the contract or contracts adjudicated as a part of the
basis of the security for the payment of any such bonds of the
Authority. The bonds, then validated, and the judgment of validation
shall be final and conclusive with respect to such bonds and the
security for the payment thereof and interest thereon and against the
Authority issuing the same, and any municipality, county, authority,
GEORGIA LAWS 1982 SESSION
2631
political subdivision or instrumentality, if a party to the validation
proceedings, contracting with the said Authority.
22. Interest of Bondholders Protected. While any of the bonds
issued by the Authority remain outstanding, the powers, duties or
existence of said Authority or of its officers, employees or agents shall
not be diminished or impaired in any manner that will affect
adversely the interests and rights of the holders of such bonds.
23. Monies Received Considered Trust Funds. All monies
received pursuant to the authority of this Act, whether as proceeds
from the sale of revenue bonds, as grants or other contributions, or as
revenues, income, fees and earnings, shall be deemed to be trust funds
to be held and applied solely as provided in this Act.
24. Rates, Charges and Revenues; Use. The Authority is hereby
authorized to prescribe and fix rents and rates and to revise same
from time to time and to collect payments, fees, tolls and charges on
each project or for the services, facilities and commodities furnished;
and in anticipation of the collection of the revenues of such undertak-
ings or projects, to issue revenue bonds as herein provided to finance,
in whole or in part, the cost of the acquisition, construction, recon-
struction, improvement, betterment or extension of its undertakings
or projects; and to pledge to the punctual payment of said bonds, and
interest thereon, all or any part of the revenues of such undertakings
or projects, including the revenues of improvements, betterments or
extensions thereto thereafter made.
25. Rules and Regulations for Operation of Projects. It shall be
the duty of the Authority to prescribe rules and regulations for the
operation of the project or projects constructed under the provisions
hereof, including the basis on which services and facilities, or both,
shall be furnished.
26. Governmental Function. It is hereby declared that the
Authority is created for a public purpose and will be performing an
essential governmental function in the exercise of the powers con-
ferred upon it hereunder in the development and promotion of civic
and cultural growth, public welfare, trade, commerce, education,
amusement, recreation or to alleviate traffic congestion in the City of
Hapeville and thereby better protect the lives and property of its
residents and others using its streets.
2632
GENERAL ACTS AND RESOLUTIONS, VOL. I
27. Immunity From Tort Actions. The Authority shall have the
same immunity and exemption from liability for torts and negligence
as the State of Georgia and the officers, agents and employees of the
Authority, when in the performance of the work of the Authority,
shall have the same immunity and exemption from liability for torts
and negligence as the officers, agents and employees of the State of
Georgia. The Authority may be sued in the same manner as private
corporations may be sued on any contractual obligations to the
Authority.
28. Property Subject to Levy and Sale. The property of the
Authority shall not be subject to levy and sale under legal process
except such property, revenue, income or funds as may be pledged,
assigned, mortgaged or conveyed to secure an obligation of the
Authority, and any such property, revenue, funds or income may be
sold under legal process or under any power granted by the Authority
to enforce payment of the obligation.
29. Construction. This amendment and all provisions, rights,
powers and authority granted hereunder shall be effective, notwith-
standing any other provision of the Constitution to the contrary, and
this amendment and any law enacted with reference to the Authority
shall be liberally construed for the accomplishment of its purposes.
30. Special Tax Districts. The City of Hapeville, shall be
empowered and authorized to create special tax districts within the
City of Hapeville upon the areas of any projects for redevelopment or
development that said Authority may determine, and to levy and
collect taxes within said districts based on values of real property
fixed by the tax digest of the City of Hapeville to meet, pay for and
retire any and all financial obligations of the Authority, its bonds
and/or revenue certificates, and may pledge said revenue, and to levy
and collect taxes within said districts for the retirement of said
financial obligations. No such special taxes shall be levied by the City
of Hapeville for any purpose against property used exclusively for
residential purposes within any such tax district.
31. Effective Date. This amendment shall be effective immedi-
ately upon proclamation of its ratification by the Governor.
32. General Assembly. This amendment is self-enacting and
does not require any enabling legislation for it to become effective.
However, the General Assembly may, by law, further define and
GEORGIA LAWS 1982 SESSION
2633
prescribe the powers and duties of the Authority and the exercise
thereof and may enlarge and restrict the same and may, likewise,
further regulate the management and conduct of the Authority not
inconsistent with any other provisions of this Constitution. The
Authority shall be an instrumentality of the State of Georgia, and the
scope of its operation shall be limited to the territory embraced
within the corporate limits of the City of Hapeville as the same now or
may hereafter exist.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to create the Hapeville Devel-
opment Authority and to provide for
the powers, duties, and responsibili-
ties of said Authority; and to author-
ize the City of Hapeville to contract
with said Authority, to create special
tax districts and levy taxes therein,
and to levy taxes within the munici-
pality and expend the same as pay-
ments pursuant to contractual
agreements which may arise be-
tween the City of Hapeville and said
Authority?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
2634
GENERAL ACTS AND RESOLUTIONS, VOL. I
EFFINGHAM COUNTY HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 167 (House Resolution No. 743).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide an
additional homestead exemption of $2,000.00 from ad valorem taxes
levied for educational purposes by, for, or on behalf of the Effingham
County School System for all residents of the Effingham County
School District who are 65 years of age or over; to provide for the
submission of this amendment for ratification or rejection; and for
other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu-
tion is amended by adding at the end thereof a new paragraph to read
as follows:
The amount of $2,000.00 of the assessed value of the homestead
of each resident of the Effingham County School District who is 65
years of age or over is exempted from all ad valorem taxes for
educational purposes levied by, for, or on behalf of the Effingham
County School System, including taxes to retire school bond indebt-
edness. The homestead exemption provided for herein shall be in
addition to, and not in lieu of, any other homestead exemptions
applicable to residents of Effingham County or the Effingham
County School District. The procedures and requirements provided
by law relative to qualifying for and claiming homestead exemptions,
which are not in conflict or inconsistent with this paragraph, shall
apply to the homestead exemption provided for herein. The provi-
sions 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.
GEORGIA LAWS 1982 SESSION
2635
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO to. provide an additional homestead
exemption of $2,000.00 from ad
valorem taxes levied for educational
purposes by, for, or on behalf of the
Effingham County School System
for all residents of the Effingham
County School District who are 65
years of age or over?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
SCREVEN COUNTY AD VALOREM TAX
EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 168 (House Resolution No. 746).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that
certain capital improvements of new manufacturing establishments
and certain additions to such capital improvements of manufacturing
establishments shall be exempt from certain county, municipal, and
school district ad valorem taxes in Screven County; to provide for the
submission of this amendment for ratification or rejection; and for
other purposes.
2636
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu-
tion of Georgia is hereby amended by adding immediately before the
final paragraph thereof the following:
All capital improvements of each new manufacturing establish-
ment located in Screven County, Georgia, shall be exempt from all
county, municipal, and school district ad valorem taxes for five years
from the time of its construction or placement provided such estab-
lishment has capital improvements of $500,000.00 or more. Each
addition to the capital improvements of an existing manufacturing
establishment located in Screven County, Georgia, shall be exempt
from all county, municipal, and school district ad valorem taxes for
five years from the time such addition is made if the cost of such
addition is $500,000.00 or more. For the purpose of this exemption
the term manufacturing establishment shall mean and include every
person, firm, partnership, or corporation engaged in making, fabri-
cating, or changing things into new forms for use or in refining,
rectifying, or combining different materials for use. The term capital
improvements shall mean and include buildings, machinery, and
equipment directly connected with the manufacturing process. This
paragraph shall be self-executing and shall not require additional
implementing legislation. This paragraph shall not affect state
taxes.
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
( ) NO so as to exempt the capital improve-
ments of certain manufacturing es-
tablishments in Screven County and
certain additions thereto from all
county, municipal, and school dis-
trict ad valorem property taxes for a
period of five years following their
establishment or addition?
GEORGIA LAWS 1982 SESSION
2637
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GLYNN COUNTY ORDINANCES.
Proposed Amendment to the Constitution.
No. 169 (House Resolution No. 748).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize
and empower the governing authority of Glynn County to enact
ordinances for the governing and policing of said county, to imple-
ment and enforce such ordinances, and to provide penalties for the
violation of such ordinances; to authorize the enforcement of such
ordinances by proceedings in the Superior Court or State Court of
Glynn County or in other courts established by the General Assem-
bly; 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 II, Paragraph I of the Constitution
is amended by adding at the end thereof a new paragraph to read as
follows:
In addition to all other powers provided, permitted, or allowed by
law, the governing authority of Glynn County is hereby empowered to
adopt all such ordinances or regulations as it may deem advisable, not
in conflict with the general laws of this state or of the United States,
for the governing and policing of said county for the purpose of
2638
GENERAL ACTS AND RESOLUTIONS, VOL. I
protecting and preserving the health, safety, welfare, and morals of
the citizens of Glynn County; to implement and enforce such ordi-
nances; and to prescribe minimum and maximum penalties or pun-
ishment for the violation of such ordinances, so that such violation,
upon conviction, shall be punishable as for a misdemeanor unless the
ordinance shall provide for a lesser penalty. The Superior Court of
Glynn County, the State Court of Glynn County, or other courts
established by the General Assembly with jurisdiction in Glynn
County shall be empowered to hear and determine cases involving
violations of county ordinances adopted pursuant to this paragraph,
shall have authority to inflict punishment or penalties for the viola-
tion of such ordinances, and shall have such other powers as may be
provided by law, including civil actions to enforce such ordinances.
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
( ) NO so as to authorize and empower the
governing authority of Glynn
County to enact ordinances for the
governing and policing of said
county, to implement and enforce
such ordinances, and to provide pen-
alties for the violation of such ordi-
nances; and to authorize the enforce-
ment of such ordinances by
proceedings in the Superior Court or
State Court of Glynn County or in
other courts established by the Gen-
eral Assembly?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2639
RICHMOND COUNTY MERIT SYSTEM FOR
SHERIFFS EMPLOYEES.
Proposed Amendment to the Constitution.
No. 170 (House Resolution No. 751).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize
the General Assembly to create, by local law, a merit system of
employment for employees of the sheriff in Richmond County; to
provide for the submission of this amendment for ratification or
rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article IX, Section V, Paragraph II of the Constitu-
tion is amended by adding at the end thereof the following:
Notwithstanding any other provision of this Constitution, the
General Assembly is authorized to create, by local law, a merit system
of employment for all or some of the employees of the sheriff of
Richmond County who are paid in whole or in part by county funds.
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
( ) NO so as to authorize the General As-
sembly to create, by local law, a
merit system of employment for all
or some of the employees of the sher-
iff in Richmond County?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
2640
GENERAL ACTS AND RESOLUTIONS, VOL. I
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
NEWTON COUNTY HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 171 (House Resolution No. 753).
A RESOLUTION
Proposing an amendment to the Constitution so as to change the
provisions relating to homestead exemptions for residents of Newton
County so that each resident shall receive a $4,000.00 exemption from
county and school ad valorem taxes and certain elderly and disabled
residents may receive a $10,000.00 exemption and so as to provide a 1
percent sales and use tax for the Newton County School District and a
corresponding limit on ad valorem taxes for the school district; to
provide for submission of this amendment for ratification or rejec-
tion; 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 amended by striking all language added by the amendment set
out at Ga. L. 1980, p. 2172, by striking all language added by the
amendment set out at Ga. L. 1980, p. 2187, and by adding at the end
of the paragraph the following new paragraph:
With respect to Newton County and Newton County School
District ad valorem taxes, residents of Newton County shall not be
entitled to the homestead exemptions granted by the other para-
graphs of this Paragraph IV, except that a disabled veteran may be
entitled to the homestead exemption granted especially to disabled
veterans. The exemptions specified in this paragraph shall apply to
Newton County and Newton County School District taxes but shall
GEORGIA LAWS 1982 SESSION
2641
not affect any other taxes. Four thousand dollars of the assessed
value of the homestead of each resident of Newton County shall be
exempt from all such county and school district taxes, except taxes to
retire bonded indebtedness. In addition to said exemption,
$10,000.00 of the assessed value of the homestead of each resident of
Newton County who is sixty-two years of age or over or disabled shall
be exempt from all such county and school district taxes, including
taxes to retire bonded indebtedness, if his or her income does not
exceed $10,000.00 for the immediately preceding year. For purposes
of this paragraph, the term income means federal adjusted gross
income of the taxpayer and his or her spouse except that the term
income shall not include federal social security benefits or other
retirement, survivor, or disability benefits except those which are in
excess of the maximum amount authorized to be received by an
individual and his or her spouse under the federal social security law.
For purposes of this paragraph, the term disabled means that a
person is permanently mentally or physically incapacitated to the
extent that he or she is unable to be gainfully employed. This
paragraph is self-executing, but the General Assembly shall have full
authority to pass local legislation relating to the implementation of
this paragraph. This paragraph shall apply to all taxable years
beginning on or after January 1,1983.
Section 2. Article VIII, Section VII, Paragraph I of the Constitu-
tion is amended by adding at the end thereof a new undesignated
paragraph to read as follows:
The Board of Education of the Newton County School District
shall impose, levy, and collect a sales and use tax for educational
purposes of that school district. This tax shall be at the rate of 1
percent, but in all other respects, except as otherwise provided in this
paragraph, shall correspond to the tax provided for by Article 2,
Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating
to the joint county and municipality sales and use tax. The ad
valorem tax millage rate limitation applicable to the Newton County
School District under this Section VII of the Constitution shall be
reduced for every taxable year beginning on or after January 1,1984,
by a millage rate which, if levied against property taxable for educa-
tional purposes within the Newton County School District, would
produce an amount of revenue equal to the proceeds of the local sales
and use tax received by that school district in the immediately
preceding taxable year. The Newton County School District shall also
comply with the provisions of Code Section 48-8-91 as if the Newton
2642
GENERAL ACTS AND RESOLUTIONS, VOL. I
County School District were a county or municipality within the
meaning of that Code section and as if the tax provided for herein
were levied pursuant to Article 2, Chapter 8, Title 48 of the Official
Code of Georgia Annotated. No referendum shall be required for the
imposition of this tax. Nothing in this paragraph shall prohibit
Newton County and those municipalities located therein from contin-
uing to impose as an additional tax that joint county and municipality
sales and use tax authorized by Article 2, Chapter 8, Title 48 of the
Official Code of Georgia Annotated. The Newton County School
District is authorized to contract or otherwise provide for the collec-
tion and administration of the tax required to be imposed under this
paragraph. The tax authorized by this paragraph may be imposed,
levied, and collected as provided herein without further action by the
General Assembly, but the General Assembly shall be authorized by
local law to control the subject matter of this paragraph and to
further define and implement its provisions. This authority may be
exercised by the General Assembly notwithstanding any general law
heretofore or hereafter enacted dealing with the subject matter of this
paragraph and any local law adopted pursuant to the authority of this
paragraph shall control that subject matter notwithstanding the
provisions of any conflicting general law.
Section 3. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to change the provisions relat-
ing to homestead exemptions for re-
sidents of Newton County so that
each resident shall receive a
$4,000.00 exemption from county
and school ad valorem taxes and cer-
tain elderly and disabled residents
may receive a $10,000.00 exemption
and so as to provide a 1 percent sales
and use tax for the Newton County
School District and a corresponding
limit on ad valorem taxes for the
school district?
GEORGIA LAWS 1982 SESSION
2643
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
MITCHELL COUNTY SCHOOL DISTRICT AND
PELHAM INDEPENDENT SCHOOL DISTRICT
SALES TAX FOR EDUCATIONAL PURPOSES.
Proposed Amendment to the Constitution.
No. 172 (House Resolution No. 758).
A RESOLUTION
Proposing an amendment to the Constitution so as to require the
boards of education of the Mitchell County School District and the
Pelham Independent School District to impose, levy, and collect a 1
percent sales and use tax for educational purposes and to adjust
millage rate limitations upon and the millage rate levied by such
school districts to take into account the proceeds received from the
sales and use tax by each school district the preceding year; to
provide for the submission of this amendment for ratification or
rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VIII, Section VII, Paragraph I of the Constitu-
tion is amended by adding at the end thereof a new undesignated
paragraph to read as follows:
The Board of Education of the Mitchell County School District
and the Board of Education of the Pelham Independent School
District shall by concurrent resolutions impose, levy, and collect a
2644
GENERAL ACTS AND RESOLUTIONS, VOL. I
sales and use tax for educational purposes of said school districts.
This tax shall be at the rate of 1 percent, but in all other respects,
except as otherwise provided in this paragraph, shall correspond to
the tax provided for by Article 2, Chapter 8, Title 48 of the Official
Code of Georgia Annotated, relating to the joint county and munici-
pality sales and use tax. The ad valorem tax millage rate limitation
applicable to the Mitchell County School District under this Section
VII of the Constitution and any ad valorem tax millage rate limitation
now or hereafter applicable to the Pelham Independent School
District shall be reduced for every taxable year beginning on or after
January 1, 1984, by a millage rate which, if levied against property
taxable for educational purposes within each school district, would
produce an amount of revenue equal to the proceeds of the local sales
and use tax received by that school district in the immediately
preceding taxable year. Said school districts shall also comply with
the provisions of Code Section 48-8-91 as if they were counties or
municipalities within the meaning of that Code section and as if the
tax provided for herein were levied pursuant to Article 2, Chapter 8,
Title 48 of the Official Code of Georgia Annotated. No referendum
shall be required for the imposition of this tax. Nothing in this
paragraph shall prohibit Mitchell County and those municipalities
located therein from imposing as an additional tax that joint county
and municipality sales and use tax authorized by Article 2, Chapter 8,
Title 48 of the Official Code of Georgia Annotated. The two school
districts are authorized to contract or otherwise provide for the
collection and administration of the tax required to be imposed under
this paragraph. The net proceeds of the tax shall be distributed
between the Mitchell County School District and the Pelham Inde-
pendent School District according to the ratio the population in each
school district bears to the total population of Mitchell County or
upon such other formula for distribution as may be determined by
local law. The tax authorized by this paragraph may be imposed,
levied, and collected as provided herein without further action by the
General Assembly, but the General Assembly shall be authorized by
local law to control the subject matter of this paragraph and to
further define and implement its provisions. This authority may be
exercised by the General Assembly notwithstanding any general law
heretofore or hereafter enacted dealing with the subject matter of this
paragraph and any local law adopted pursuant to the authority of this
paragraph shall control that subject matter notwithstanding the
provisions of any conflicting general law.
GEORGIA LAWS 1982 SESSION
2645
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
( ) NO so as to require the boards of educa-
tion of the Mitchell County School
District and the Pelham Indepen-
dent School District to impose, levy,
and collect a 1 percent sales and use
tax for educational purposes and to
adjust millage rate limitations upon
and the millage rates levied by such
school districts to take into account
the proceeds received from the sales
and use tax by each school district
the preceding year?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
FULTON COUNTY-CITY OF ATLANTA AD
VALOREM TAX EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 173 (House Resolution No. 774).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize
the General Assembly to provide by local law that exemptions from
2646
GENERAL ACTS AND RESOLUTIONS, VOL. I
ad valorem taxation by Fulton County and the City of Atlanta for
inventories of certain goods may apply within urban enterprise zones
established by the governing body of the City of Atlanta; 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 amended by adding immediately following that paragraph
thereof which reads as follows:
If more than one-half of the votes cast on such question are in
favor of such exemption, then such exemption may be granted by the
governing authority commencing with the next ensuing calendar year,
otherwise such exemption may not be granted. Exemptions may only
be revoked by a referendum election called and conducted as pro-
vided herein; provided, that the call for such referendum shall not be
issued within five years from the date such exemptions were first
granted and, if the results of said election are in favor of the
revocation of such exemptions, then such revocation shall be effective
only at the end of a five-year period from the date of such referen-
dum.,
a new paragraph to read as follows:
For the purposes of ad valorem taxation by Fulton County and
the City of Atlanta, including ad valorem taxes for educational
purposes but excluding ad valorem taxes for state purposes, the
General Assembly may provide by local law that the exemptions
applicable to inventories of certain goods, as provided for in the
foregoing provisions of this Constitution, may apply within urban
enterprise zones established by the governing body of the City of
Atlanta, and in connection therewith, the General Assembly may
classify different types of goods subject to such exemptions and may
vary the rate or amount of such exemptions from one such classifica-
tion to another within and without such urban enterprise zones.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
GEORGIA LAWS 1982 SESSION
2647
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to authorize the General As-
sembly to provide by local law that
exemptions from ad valorem taxa-
tion by Fulton County and the City
of Atlanta for inventories of certain
goods may apply within urban enter-
prise zones established by the gov-
erning body of the City of Atlanta?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
FULTON COUNTY-CITY OF ATLANTA AD
VALOREM TAXES ON PROPERTY LOCATED IN
URBAN ENTERPRISE ZONES.
Proposed Amendment to the Constitution.
No. 174 (House Resolution No. 775).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that
the General Assembly may enact legislation treating real property
located in an urban enterprise zone as designated by the governing
body of the City of Atlanta as a separate class of property in Fulton
County and the City of Atlanta for the purposes of ad valorem taxes
levied for city and county purposes; to provide for submission of this
amendment for ratification or rejection; and for other purposes.
2648
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitu-
tion is hereby amended by adding at the end of said section a new
paragraph to read as follows:
Notwithstanding anything to the contrary contained in this
paragraph, the General Assembly shall be authorized to enact legisla-
tion treating any or all real property located in an urban enterprise
zone as designated by the governing body of the City of Atlanta as a
separate class or classes of property from other tangible property
located in Fulton County and the City of Atlanta for the purposes of
ad valorem taxes levied for city and county purposes, and to adopt
different rates, methods, or assessment dates for the taxation of such
property.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to provide that the General As-
sembly may enact legislation treat-
ing real property located in an urban
enterprise zone as designated by the
governing body of the City of At-
lanta as a separate class of property
in Fulton County and the City of At-
lanta for the purposes of ad valorem
taxes levied for city and county pur-
poses?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2649
LOWNDES COUNTY STREET IMPROVEMENT
BONDS.
Proposed Amendment to the Constitution.
No. 175 (House Resolution No. 777).
A RESOLUTION
Proposing an amendment to the Constitution to authorize
Lowndes County to issue and sell street improvement bonds; to
authorize use of the proceeds of such bonds to pay, or to provide for
the reimbursement of, all or any part of the cost of acquiring,
constructing and improving streets, roads, avenues, alleys and lanes,
or any part thereof, including curbing, guttering, drainage, street-
lights and sidewalks, and of grading, paving, repaving, resurfacing,
macadamizing, maintaining, repairing or otherwise improving the
same and to pay the costs of issuing such bonds; to authorize issuance
of said bonds without the assent of a majority of the qualified voters
at an election called thereon; to provide that the principal of and
interest on such bonds shall be payable solely from the assessments
levied on the property which abuts such improvements; to provide
that the bonds shall not be deemed to constitute a debt of the State of
Georgia or any county (including Lowndes County), municipal corpo-
ration or political subdivision thereof within the meaning of Article
IX, Section VII, Paragraph I of the Constitution of the State of
Georgia; to provide that there shall be no limitation with respect to
the interest rate that such bonds bear; to provide for the validation of
the bonds; to provide an exemption from taxation for the interest on
such bonds; 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 VII, Paragraph I of the Constitu-
tion, relating to the debts of counties and cities, shall be and the same
is hereby amended by adding at the end thereof the following:
Provided, that Lowndes County is hereby authorized to issue and
sell street improvement bonds and to use the proceeds thereof to pay,
or to provide for the reimbursement of, all or any part of the cost of
acquiring, constructing and improving streets, roads, avenues, alleys
2650
GENERAL ACTS AND RESOLUTIONS, VOL. I
and lanes, or any part thereof, including curbing, guttering, drainage,
streetlights and sidewalks, and of grading, paving, repaving, resurfac-
ing, macadamizing, maintaining, repairing or otherwise improving
the same, all in accordance with provisions set forth below. In
determining the cost of any such improvements, the Board may
include all costs of the issuance of said bonds; all engineering,
inspection, fiscal advisor and legal expenses; interest which it is
estimated will accrue on the bonds during the construction period
and for six months thereafter; and an amount, not in excess of 15
percent of the total principal amount of each such bond issue, to
establish a debt service reserve for the payment of principal of and
interest on such bonds.
Such bonds may be issued without the assent of a majority of the
qualified voters of Lowndes County at an election called therefor, but
only upon the affirmative vote of majority of the members of the
Board of Commissioners of Lowndes County (the Board) whenever
in the Boards judgment the public convenience and welfare may
require such improvements. The principal of, premium, if any, and
interest on each issue of such bonds shall be payable solely from and
shall not exceed the aggregate amount assessed by the Board upon
the property which abuts the improvements acquired or constructed
with the proceeds of such issue.
Such bonds shall not be deemed to constitute an indebtedness or
obligation of the State of Georgia or any county (including Lowndes
County), municipal corporation or political subdivision thereof
within the meaning of Article IX, Section VII, Paragraph I of the
Constitution of the State of Georgia. All such bonds shall be payable
solely from the assessments pledged to such payment, and no holder
or holders of any such bonds shall ever have the right to compel any
exercise of the taxing power of the State or any county (including
Lowndes County), municipal corporation or political subdivision
thereof nor to enforce the payment thereof against any property of
the State or any such county, municipal corporation or political
subdivision, other than the assessments pledged to the payment
thereof.
Such bonds shall bear such date or dates, shall mature at such
time or times (not exceeding 40 years from the date thereof), 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, provi-
GEORGIA LAWS 1982 SESSION
2651
sions, covenants and conditions as the resolution authorizing the
issuance thereof may permit or provide, and any limitations with
respect to interest rates or any maximum interest rate or rates found
in the Revenue Bond Law (Ga. Laws 1937, p. 761), as 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 such bonds.
Such bonds shall on the face thereof recite the streets, roads,
avenues, alleys and lanes, or parts thereof, for the improvement of
which they have been issued and that they are payable solely from the
assessments levied upon the property which abuts such improve-
ments. Such bonds may be issued in coupon or registered form, or
both, as the Board may determine, and the Board may make provi-
sions for the registration of any coupon bonds as to principal alone or
as to both principal and interest. The Board may prescribe the form
of such bonds and any coupons which may be used in conjunction
therewith. The Board may determine the denomination of the bonds,
the terms and conditions of their redemption (whether optional or
mandatory) before maturity, and the medium and the place of
payment of principal and interest, which may be at any bank or trust
company within or without the State of Georgia.
All of such bonds shall bear the manual or facsimile signature of
the Chairman or Vice Chairman of the Board, attested by the manual
or facsimile signature of the Secretary or Assistant Secretary thereof,
provided that at least one of such signatures shall be manual, and
shall have the seal of Lowndes County impressed or imprinted
thereon. Any coupons attached thereto shall bear the facsimile
signature of the Secretary or Assistant Secretary of the Board. When
such bonds or coupons bear the manual or facsimile signature of an
officer of the Board, such signature shall remain valid and effective
for its original intent and purpose notwithstanding that prior to
delivery the signer thereof may have ceased to hold the office indi-
cated.
Such bonds shall have all of the qualities and incidents of negotia-
ble instruments under the laws of this State and are hereby declared
to be issued for an essential public and governmental purpose, and
the interest on such bonds shall be exempt from taxation within this
State.
The Board may provide for the issuance of any refunding bonds
for the purpose of refunding any bonds issued under the provisions
2652
GENERAL ACTS AND RESOLUTIONS, VOL. I
hereof and then outstanding, together with the accrued interest and
premium, if any, thereon. The issuance of such refunding bonds, the
maturities and all other terms and provisions thereof and the rights of
the holders thereof shall be governed by the foregoing provisions
insofar as the same may be applicable.
Bonds issued hereunder shall be confirmed and validated, insofar
as applicable, in accordance with the provisions of the Revenue Bond
Law, as now or hereafter amended. In lieu of specifying the rate or
rates of interest which such bonds are to bear, the notice to the
District Attorney or Attorney General and the notice to the public of
the time, place and date of the validation hearing may state that the
bonds when issued will bear interest at a rate not exceeding a
maximum per annum rate of interest specified in such notices or that
in the event the bonds are to bear different rates of interest for
different maturity dates that none of such rates will exceed the
maximum rate specified in the notices; provided, however, that
nothing contained herein shall be construed as prohibiting or restrict-
ing the right of Lowndes County to sell such bonds at a discount, even
if in so doing the effective interest cost resulting therefrom would
exceed the maximum per annum interest rate specified in such
notices. The petition filed by the District Attorney or the Attorney
General, as the case may be, need not set forth the amount of
principal and interest to be paid annually or when the bonds will be
paid in full. The judgment of validation shall be final and conclusive
with respect to such bonds and the security therefor, and each bond
issued hereunder shall bear a certificate of validation, executed by the
manual or facsimile signature of the Clerk of the Superior Court of
Lowndes County, stating the date on which such bonds were vali-
dated.
Such bonds may be issued without regard to the amount of any
outstanding debts or bonds of Lowndes 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:
GEORGIA LAWS 1982 SESSION
2653
( ) YES Shall the Constitution be amended
( ) NO so as to authorize Lowndes County
to issue street improvement bonds
for the purpose of financing the costs
of acquiring, constructing and im-
proving streets, such bonds to be
payable solely from the assessments
on the property which abuts the im-
provements acquired or constructed
with the proceeds thereof?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
CITY OF BAXLEY HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 176 (House Resolution No. 780).
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize a
homestead exemption for residents of the City of Baxley in an
amount to be fixed by the governing authority of the city at not more
than $15,000.00 from all City of Baxley ad valorem taxes; to provide
for the submission of this amendment for ratification or rejection; and
for other purposes.
2654
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu-
tion is amended by adding at the end thereof the following:
Any other provisions of this Constitution to the contrary not-
withstanding, the governing authority of the City of Baxley is hereby
authorized to grant an exemption from all city ad valorem taxes in an
amount to be fixed by the governing authority at not more than
$15,000.00 on a homestead owned and occupied by a resident of the
city as a residence and homestead, and only so long as actually
occupied by the owner primarily as such. The value of the residence
in excess of the amount so exempted shall remain subject to taxation.
Any such resident shall not receive the benefits of such homestead
exemption unless he or his agent provides the governing authority of
the city, or a person designated by the governing authority, with an
affidavit stating that he is a resident and that such property is his
homestead and residence and containing such additional information
as will enable the governing authority to make a determination as to
whether such person is entitled to such exemption. The governing
authority shall provide the necessary forms for such purpose. After
any such person has filed the proper affidavit and has been allowed
the exemption provided herein, it shall not be necessary that he make
application and file said affidavit thereafter for any subsequent year,
and the said exemption shall continue to be allowed to such person. It
shall be the duty of such person to notify the governing authority 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 for any year until the governing authority of the
city provides by ordinance for the granting of such exemption and the
amount thereof. The governing authority of the city may provide by
ordinance for the proper administration of this exemption.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
GEORGIA LAWS 1982 SESSION
2655
( ) YES Shall the Constitution be amended
( ) NO so as to authorize a homestead ex-
emption for residents of the City of
Baxley in an amount to be fixed by
the governing authority of the city at
not more than $15,000.00 from all
City of Baxley ad valorem taxes?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
WALTON COUNTY BUSINESS LICENSES.
Proposed Amendment to the Constitution.
No. 177 (House Resolution No. 787).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that
the Board of Commissioners of Walton County shall have the right
and power to assess and collect license fees and taxes from all persons,
firms, and corporations doing business in the unincorporated area of
Walton County; to provide for the submission of this amendment for
ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article IX, Section V, Paragraph I of the Constitution
is hereby amended by adding at the end thereof the following new
paragraph:
2656
GENERAL ACTS AND RESOLUTIONS, VOL. I
The Board of Commissioners of Walton County, Georgia, as the
governing authority of said county, is hereby authorized and empow-
ered to levy, assess, and collect license fees and taxes from all persons,
firms, and corporations doing business in the unincorporated areas of
said county, except those businesses regulated by the Public Service
Commission and those corporations organized under Part 1 of Article
1, Article 3, and Article 4 of Chapter 3 of Title 46 of the Official Code
of Georgia Annotated, as amended, and is further authorized and
empowered to classify all such businesses and business enterprises
and to assess different fees and taxes against different classes of
business being conducted in the unincorporated areas of said county
and in order to provide for the public welfare, health, and security of
the people of Walton County, the governing authority of said county
is further authorized and empowered to regulate and exercise policy
powers over any businesses operated or conducted within the unin-
corporated areas of said county, except those businesses regulated by
the Public Service Commission and those corporations organized
under Part 1 of Article 1, Article 3, and Article 4 of Chapter 3 of Title
46 of the Official Code of Georgia Annotated, as amended, and to
prescribe and enforce such rules and regulations as may be necessary
to effectuate the powers herein granted. Violation of any such
regulations adopted by said governing authority of Walton County
shall constitute a misdemeanor punishable upon conviction thereof as
prescribed by the general laws of the State of Georgia.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to provide that the Board of
Commissioners of Walton County
shall have the right and power to as-
sess and collect license fees and taxes
from all persons, firms, and corpora-
tions doing business in the unincor-
porated area of Walton County?
GEORGIA LAWS 1982 SESSION
2657
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
DeKALB COUNTY HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 178 (House Resolution No. 789).
A RESOLUTION
Proposing an amendment to the Constitution so as to change the
amount of homestead exemption granted to residents of DeKalb
County from DeKalb County and DeKalb County school district
taxes to $10,000.00; to provide for submission of this amendment for
ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu-
tion is amended by striking therefrom all language added by a
constitutional amendment set out at Ga. L. 1978, p. 2519, and
inserting in lieu thereof the following:
Any other provisions of this Constitution to the contrary not-
withstanding, each resident of DeKalb County is granted an exemp-
tion from all DeKalb County and DeKalb County school district ad
valorem taxes in the amount of $10,000.00 of the assessed value of the
homestead owned and occupied by him within DeKalb County. For
the purpose of DeKalb County and DeKalb County school district ad
valorem taxes, the homestead exemption granted herein shall be in
lieu of the basic homestead exemption of $2,000.00 granted by this
2658
GENERAL ACTS AND RESOLUTIONS, VOL. I
Constitution; and the provisions of law relating to such basic home-
stead exemption shall comply to the homestead exemption granted
by this paragraph, except as to amount. Except for such basic
homestead exemption of $2,000.00, the homestead exemption granted
by this paragraph shall be in addition to and cumulative of any other
homestead exemption.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to change the amount of home-
stead exemption granted to re-
sidents of DeKalb County from
DeKalb County and DeKalb County
school district taxes to $10,000.00?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2659
DeKALB COUNTY HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 179 (House Resolution No. 793).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that
each resident of the DeKalb County School District who is 62 years of
age or over or who is disabled and whose gross income, together with
the gross income of the spouse and all members of the family who
reside at and occupy the homestead of such resident, does not exceed
$16,000.00 per annum shall be granted an exemption from all DeKalb
County School District ad valorem taxes on $20,000.00 of the value of
the homestead owned and occupied by such resident; 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 amended by striking therefrom that paragraph which reads as
follows:
Any other provisions of this Constitution to the contrary not-
withstanding, each resident of the DeKalb County School District
who is 62 years of age or over or who is disabled is hereby granted an
exemption from all DeKalb County School District ad valorem taxes
on the full value of his homestead owned and occupied by him as a
residence if his adjusted gross income (as defined in the Internal
Revenue Code of 1954, as now or hereafter amended), together with
the adjusted gross income of his spouse and all other members of his
family who also reside at and occupy such homestead, does not exceed
$8,000.00 for the immediately preceding taxable year. Such adjusted
gross income, as used herein, shall not include any Federal old-age,
survivors or disability insurance benefits or any benefits under the
Federal Railroad Retirement Act. Except for said Federal old-age,
survivors or disability insurance benefits and benefits under said
Federal Railroad Retirement Act, adjusted gross income, as used
herein, shall include benefits received under a retirement or pension
fund when such benefits are based on contributions made thereto by
2660
GENERAL ACTS AND RESOLUTIONS, VOL. I
such resident or his spouse. In order to qualify for the exemption
provided for herein as being disabled, the person claiming such
exemption shall be required to obtain a certificate from not more than
three physicians licensed to practice medicine under Code Chapter
84-9, relative to medical practitioners of the Code of Georgia, as now
or hereafter amended, certifying that in the opinion of such physician,
or physicians, such person is mentally or physically incapacitated to
the extent that such person is unable to be gainfully employed and
that such incapacity is likely to be permanent. Any such resident of
the DeKalb County School District shall not receive the benefits of
the homestead exemption provided for herein unless he, or an agent
acting in behalf of such resident, files an affidavit with the Tax
Commissioner of DeKalb County, giving his age, or if disabled, the
certificate or certificates provided for herein, and the amount of
income which he and his spouse and other members of his family
occupying and residing at such homestead received during the last
taxable year for income tax purposes, and such additional informa-
tion relative to receiving the benefits of such exemption as will enable
the Tax Commissioner to make a determination as to whether such
owner is entitled to such exemption. The Tax Commissioner shall
provide affidavit forms for this purpose. Such applications shall be
processed in the same manner as other applications for homestead
exemption, and the provisions of law applicable to the processing of
homestead exemptions, as the same now exists or may hereafter be
amended, shall apply thereto. Provided, that after any such owner has
filed the proper affidavit and certificate or certificates if disabled, as
provided above, and has been allowed the exemption provided herein,
it shall not be necessary that he make application and file the said
affidavit and certificate thereafter for any year and the said exemp-
tion shall continue to be allowed to such owner. It shall be the duty of
any resident of the DeKalb County School District who has claimed
the homestead exemption provided for herein to notify the Tax
Commissioner in the event he becomes ineligible for any reason to
receive such homestead exemption. The General Assembly may
provide by law for the proper administration of this exemption,
including penalties necessary therefor. The increased exemption
provided for herein shall apply to all taxable years beginning after
December 31,1978.,
and substituting in lieu thereof the following paragraph:
Any other provisions of this Constitution to the contrary not-
withstanding, each resident of the DeKalb County School District
GEORGIA LAWS 1982 SESSION
2661
who is 62 years of age or over or who is disabled is granted an
exemption from all DeKalb County School District ad valorem taxes
on the full value of his homestead owned and occupied by him as a
residence if his adjusted gross income (as defined in the Internal
Revenue Code of 1954, as now or hereafter amended), together with
the adjusted gross income of his spouse and all other members of his
family who also reside at and occupy such homestead, does not exceed
$8,000.00 for the immediately preceding taxable year and if the
adjusted gross income of each such resident does not exceed
$16,000.00 for the immediately preceding taxable year, each such
resident is granted an exemption from all DeKalb County School
District ad valorem taxes on $20,000.00 of the value of such home-
stead. Such adjusted gross income, as used herein, shall include any
Federal old-age, survivors or disability insurance benefits or any
benefits under the Federal Railroad Retirement Act and benefits
received under a retirement or pension fund when such benefits are
based on contributions made thereto by such resident or his spouse.
In order to qualify for the exemption provided for herein as being
disabled, the person claiming such exemption shall be required to
obtain a certificate from not more than three physicians licensed to
practice medicine under Chapter 34 of Title 43 of the Official Code of
Georgia Annotated, relative to medical practitioners, certifying that
in the opinion of such physician, or physicians, such person is
mentally or physically incapacitated to the extent that such person is
unable to be gainfully employed and that such incapacity is likely to
be permanent. Any such resident of the DeKalb County School
District shall not receive the benefits of the homestead exemption
provided for herein unless he, or an agent acting in behalf of such
resident, files an affidavit with the Tax Commissioner of DeKalb
County, giving his age, or if disabled, the certificate or certificates
provided for herein, and the amount of income which he and his
spouse and other members of his family occupying and residing at
such homestead received during the last taxable year for income tax
purposes, and such additional information relative to receiving the
benefits of such exemption as will enable the Tax Commissioner to
make a determination as to whether such owner is entitled to such
exemption. The Tax Commissioner shall provide affidavit forms for
this purpose. Such applications shall be processed in the same
manner as other applications for homestead exemption, and the
provisions of law applicable to the processing of homestead exemp-
tions, as the same now exists or may hereafter be amended, shall
apply thereto. Provided, that after any such owner has filed the
proper affidavit and certificate or certificates if disabled, as provided
2662
GENERAL ACTS AND RESOLUTIONS, VOL. I
above, and has been allowed the exemption provided herein, it shall
not be necessary that he make application and file the said affidavit
and certificate thereafter for any year and the said exemption shall
continue to be allowed to such owner. It shall be the duty of any
resident of the DeKalb County School District who has claimed the
homestead exemption provided for herein to notify the Tax Commis-
sioner in the event he becomes ineligible for any reason to receive
such homestead exemption. The General Assembly may provide by
law for the proper administration of this exemption, including penal-
ties necessary therefor. The increased exemption provided for herein
shall apply to all taxable years beginning after December 31,1982.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to provide that each resident of
the DeKalb County School District
who is 62 years of age or over or who
is disabled and whose gross income,
together with the gross income of the
spouse and all members of the family
who reside at and occupy the home-
stead of such resident, does not ex-
ceed $16,000.00 per annum shall be
granted an exemption from all
DeKalb County School District ad
valorem taxes on $20,000.00 of the
value of the homestead owned and
occupied by such resident?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2663
COLQUITT COUNTY TAX FOR EMERGENCY
MEDICAL SERVICES.
Proposed Amendment to the Constitution.
No. 180 (House Resolution No. 813).
A RESOLUTION
Proposing an amendment to the Constitution so as to require the
tax commissioner of Colquitt County to collect an additional fee of
$1.00 for every motor vehicle license tag or annual renewal decal
issued by such official and to require the revenue derived from the
collection of such fee to be used to fund emergency medical services in
Colquitt County; to provide for the submission of this amendment for
ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Paragraph II of Section V of Article IX of the
Constitution is amended by adding at the end thereof a new para-
graph to read as follows:
Notwithstanding any provision of the Constitution or any gen-
eral law, in addition to the fee for issuing motor vehicle license tags
and annual renewal decals established by law, the tax commissioner
of Colquitt County shall collect an additional fee of $1.00 for every
motor vehicle license tag or annual renewal decal issued by such
official. The revenue derived from this additional fee shall be paid
into the general fund of Colquitt County but shall be used exclusively
to fund emergency medical services in Colquitt County. This shall
not limit the governing authority of Colquitt County from appropri-
ating such additional funds for emergency medical services as it shall
deem 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:
2664
GENERAL ACTS AND RESOLUTIONS, VOL. I
( ) YES Shall the Constitution be amended
( ) NO so as to require the tax commissioner
of Colquitt County to collect an ad-
ditional fee of $1.00 for every motor
vehicle license tag or annual renewal
decal issued by such official and to
require the revenue derived from the
collection of such fee to be used to
fund emergency medical services in
Colquitt County?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
PULASKI COUNTY ELECTION OF MEMBERS
OF BOARD OF EDUCATION.
Proposed Amendment to the Constitution.
No. 181 (House Resolution No. 816).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for
the election of the members of the Board of Education of Pulaski
County from education districts and to provide for other matters
relative thereto; to provide for the submission of this amendment for
ratification or rejection; and for other purposes.
GEORGIA LAWS 1982 SESSION
2665
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Paragraph II of Section V of Article VIII of the
Constitution is amended by adding at the end thereof a new undesig-
nated paragraph to read as follows:
Pulaski County Board of Education. (1) The Board of
Education of Pulaski County shall be composed of seven members
who shall be elected as provided in this paragraph.
(2) For the purpose of electing the members of said board of
education, Pulaski County shall be divided into seven education
districts as follows:
District No. 1
Pulaski County
Tract 9901
Blocks 101 through 104, 109, 117,
118, 161, 162, 201 through 233,
235, 237, and 408
District No. 2
Pulaski County
Tract 9901
Blocks 304, 305, 308, 403 through
407, 409 through 417, 419 through
429, and 431
District No. 3
Pulaski County
Tract 9901
Blocks 301 through 303, 306, 307,
309 through 334, 337 through 339,
341 through 343, 346, 347, 401,
402, 418, 430, 432, 433, 526, 527,
and 530 through 533
District No. 4
Pulaski County
2666
GENERAL ACTS AND RESOLUTIONS, VOL. I
Tract 9901
Blocks 236, 238 through 243, 245
through 251, 257, 503 through
507, 509 through 519, and 539
through 552
District No. 5
Pulaski County
Tract 9901
Block Groups 6 and 7
District No. 6
Pulaski County
Tract 9901
Blocks 244, 252 through 256, 258,
259, 335, 336, 344, 345, 501,
502, 520 through 525, 528, 529,
534 through 538, 553 through
557, and 559 through 566
District No. 7
Pulaski County
Tract 9901
Blocks 105 through 108, 110 through
116, 119 through 160, and 163
through 171
For the purposes of this paragraph:
(A) The terms Tract or Census Tract, Block Group, and
Block shall mean and shall describe the same geographical
boundaries as provided in the report of the Bureau of the Census
for the United States decennial census of 1980 for the State of
Georgia.
(B) Whenever the description of any education district
refers to a named city, it shall mean the geographical boundaries
of that city as shown on the census maps for the United States
decennial census of 1980 for the State of Georgia.
(C) Any part of Pulaski County which is not included in any
district described in this paragraph shall be included within that
district contiguous to such part which contains the least popula-
GEORGIA LAWS 1982 SESSION
2667
tion according to the United States decennial census of 1980 for
the State of Georgia.
(3) Each member of the board of education shall be a resident of
the respective education district during the members term of office,
and a candidate for membership on said board shall have been a
resident of the education district for which the candidate offers for
election at least one year prior to the date of election. Each person
offering for election as a member of said board shall specify the
education district for which the person is offering. Each member of
the board shall be elected by a majority vote of the qualified voters
voting within each respective district. All members of the board shall
be nominated and elected in accordance with the provisions of the
general election laws of this state.
(4) (A) The first members of the board elected from Districts
3, 4, and 7 shall be nominated and elected at the primary and
general elections held in 1984. The members elected in 1984 shall
take office on the first day of January, 1985, and shall serve for
terms of six years and until their successors are elected and
qualified. Thereafter, their successors shall be elected at the
general election immediately preceding the expiration of the
terms of office and shall take office on the first day of January
immediately following the election for terms of six years and until
their successors are elected and qualified. The members elected
from Districts 3, 4, and 7 shall be the successors to the two
appointed incumbent members of the heretofore existing board of
education whose terms of office are scheduled to expire on April
15,1983, and the one appointed incumbent member of the hereto-
fore existing board of education whose term of office is scheduled
to expire on April 15, 1984. The terms of office of these three
appointed members shall be extended until December 31, 1984,
and until their successors are elected and qualified as provided in
this part.
(B) The first members of the board elected from Districts 2,
5, and 6 shall be nominated and elected at the primary and general
elections held in 1986. The members elected in 1986 shall take
office on the first day of January, 1987, and shall serve for terms of
six years and until their successors are elected and qualified.
Thereafter, their successors shall be elected at the general election
immediately preceding the expiration of the terms of office and
shall take office on the first day of January immediately following
2668
GENERAL ACTS AND RESOLUTIONS, VOL. I
the election for terms of six years and until their successors are
elected and qualified. The members elected from Districts 2, 5,
and 6 shall be the successors to the one appointed incumbent
member of the heretofore existing board of education whose term
of office is scheduled to expire on April 15, 1985, and the two
appointed incumbent members of the heretofore existing board of
education whose terms of office are scheduled to expire on April
15, 1986. The terms of office of these three appointed members
shall be extended until December 31,1986, and until their succes-
sors are elected and qualified as provided in this part.
(C) The first member of the board of education elected from
District 1 shall be nominated and elected at the primary and
general elections held in 1988. The member elected in 1988 shall
take office on the first day of January, 1989, and shall serve for a
term of six years and until his successor is elected and qualified.
Thereafter, his successor shall be elected at the general election
immediately preceding the expiration of the term of office and
shall take office on the first day of January immediately following
the election for a term of six years and until his successor is elected
and qualified. The member elected from District 1 shall be the
successor to the one appointed incumbent member of the hereto-
fore existing board of education whose term is scheduled to expire
April 15,1987. The term of office of such appointed member shall
be extended until December 31, 1988, and until his successor is
elected and qualified as provided in this part.
(5) From the period January 1, 1983, until December 31, 1984,
the board of education shall consist of the seven appointed incumbent
members of the heretofore existing board. From the period January
1,1985, until December 31,1988, the board of education shall consist
of the members elected pursuant to subparagraph (4) and those
appointed incumbent members provided for in subparagraph (4). On
and after January 1, 1989, the board of education shall consist of
members elected pursuant to this paragraph.
(6) A vacancy which occurs in the membership of the board by
death, resignation, removal from the education district, or for any
other reason shall be filled by the remaining members of the board
electing a successor to serve for the unexpired term. A person elected
by the board to fill a vacancy shall meet the residency requirements
for the education district wherein the vacancy occurred.
GEORGIA LAWS 1982 SESSION
2669
(7) The Board of Education of Pulaski County provided for by
this paragraph shall be subject to all constitutional and statutory
provisions of this state relative to county boards of education and the
members thereof, except as otherwise provided by 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
( ) NO so as to provide for the election of
the members of the Board of Educa-
tion of Pulaski County from educa-
tion districts and to provide for
other matters relative thereto?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
BLECKLEY COUNTY ELECTION OF MEMBERS
OF BOARD OF EDUCATION.
Proposed Amendment to the Constitution.
No. 182 (House Resolution No. 817).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for
the election of the members of the Board of Education of Bleckley
2670
GENERAL ACTS AND RESOLUTIONS, VOL. I
County from education districts and to provide for other matters
relative thereto; to provide for the submission of this amendment for
ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Paragraph II of Section V of Article VIII of the
Constitution is amended by adding at the end thereof a new undesig-
nated paragraph to read as follows:
Bleckley County Board of Education. (1) The Board of
Education of Bleckley County shall be composed of five members who
shall be elected as provided in this paragraph.
(2) For the purpose of electing the members of said board of
education, Bleckley County shall be divided into five education
districts as follows:
District No. 1
Bleckley County
Tract 9901
Block 355
Block Group 4
Blocks 521, 522, 524 through 527, 531
through 533, 537 through 539, 602
through 613, and 622
Block Group 7
Tract 9902
Blocks 308, 310 through 317, 326 through
336, 343 through 349, 352 through 355,
and 533 through 546
GEORGIA LAWS 1982 SESSION
2671
District No. 2
Bleckley County
Tract 9901
Blocks 501 through 520, 523, 528 through
530, 534 through 536, 540, 541, 601,
614 through 621, and 623 through 627
Tract 9902
Blocks 225, 401 through 411, 416, 418,
433 through 435, and 506
District No. 3
Bleckley County
Tract 9902
Blocks 202 through 204, 209 through 213,
224, 228, 245, 413 through 415, 417,
420 through 432, 436 through 445, 501
through 505, 507 through 532, and 547
District No. 4
Bleckley County
Tract 9902
Block Group 1
Blocks 201, 205 through 208, 214 through
223, 229 through 244, 301 through 307,
318 through 325, 337 through 342, 350,
and 351
District No. 5
Bleckley County
Tract 9901
Block Groups 1 and 2
Blocks 301 through 354 and 356 through
367
For the purposes of this paragraph:
(A) The terms Tract or Census Tract, Block Group, and
Block shall mean and shall describe the same geographical
boundaries as provided in the report of the Bureau of the Census
for the United States decennial census of 1980 for the State of
Georgia.
2672
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) Whenever the description of any education district
refers to a named city, it shall mean the geographical boundaries
of that city as shown on the census maps for the United States
decennial census of 1980 for the State of Georgia.
(C) Any part of Bleckley County which is not included in
any district described in this paragraph shall be included within
that district contiguous to such part which contains the least
population according to the United States decennial census of
1980 for the State of Georgia.
(3) Each member of the board of education shall be a resident of
the respective education district during the members term of office,
and a candidate for membership on said board shall have been a
resident of the education district for which the candidate offers for
election at least one year prior to the date of election. Each person
offering for election as a member of said board shall specify the
education district for which the person is offering. Each member of
the board shall be elected by a majority vote of the qualified voters
voting within each respective district. All members of the board shall
be nominated and elected in accordance with the provisions of the
general election laws of this state.
(4) (A) The first members of the board elected from Districts 1
and 3 shall be nominated and elected at the primary and general
elections held in 1984. The members elected in 1984 shall take
office on the first day of January, 1985, and shall serve for terms of
four years and until their successors are elected and qualified.
Thereafter, their successors shall be elected at the general election
immediately preceding the expiration of the terms of office and
shall take office on the first day of January immediately following
the election for terms of four years and until their successors are
elected and qualified. The members elected from Districts 1 and 3
shall be the successors to the one appointed incumbent member of
the heretofore existing board of education whose term of office is
scheduled to expire on March 5, 1983, and the one appointed
incumbent member of the heretofore existing board of education
whose term of office is scheduled to expire on March 7,1984. The
terms of office of these two appointed members shall be extended
until December 31,1984, and until their successors are elected and
qualified as provided in this part.
GEORGIA LAWS 1982 SESSION
2673
(B) The first members of the board elected from Districts 4
and 5 shall be nominated and elected at the primary and general
elections held in 1986. The members elected in 1986 shall take
office on the first day of January, 1987, and shall serve for terms of
four years and until their successors are elected and qualified.
Thereafter, their successors shall be elected at the general election
immediately preceding the expiration of the terms of office and
shall take office on the first day of January immediately following
the election for terms of four years and until their successors are
elected and qualified. The members elected from Districts 4 and 5
shall be the successors to the one appointed incumbent member of
the heretofore existing board of education whose term of office is
scheduled to expire on March 5, 1985, and the one appointed
incumbent member of the heretofore existing board of education
whose terms of office is scheduled to expire on March 4,1986. The
terms of office of these two appointed members shall be extended
until December 31,1986, and until their successors are elected and
qualified as provided in this part.
(C) The first member of the board of education elected from
District 2 shall be nominated and elected at the primary and
general elections held in 1988. This member elected in 1988 shall
take office on the first day of January, 1989, and shall serve for a
term of four years and until his successor is elected and qualified.
Thereafter, his successor shall be elected at the general election
immediately preceding the expiration of the term of office and
shall take office on the first day of January immediately following
the election for a term of four years and until his successor is
elected and qualified. The member elected from District 2 shall be
the successor to the one appointed incumbent member of the
heretofore existing board of education whose term is scheduled to
expire March 5, 1987. The term of office of such appointed
member shall be extended until December 31,1988, and until his
successor is elected and qualified as provided in this part.
(5) From the period January 1, 1983, until December 31,1984,
the board of education shall consist of the five appointed incumbent
members of the heretofore existing board. From the period January
1,1985, until December 31,1988, the board of education shall consist
of the members elected pursuant to subparagraph (4) and those
appointed incumbent members provided for in subparagraph (4). On
and after January 1, 1989, the board of education shall consist of
members elected pursuant to this paragraph.
2674
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) A vacancy which occurs in the membership of the board by
death, resignation, removal from the education district, or for any
other reason shall be filled by the remaining members of the board
electing a successor to serve for the unexpired term. A person elected
by the board to fill a vacancy shall meet the residency requirements
for the education district wherein the vacancy occurred.
(7) The Board of Education of Bleckley County provided for by
this paragraph shall be subject to all constitutional and statutory
provisions of this state relative to county boards of education and the
members thereof, except as otherwise provided by 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
( ) NO so as to provide for the election of
the members of the Board of Educa-
tion of Bleckley County from educa-
tion districts and to provide for
other matters relative thereto?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2675
CHATTOOGA COUNTY SCHOOL DISTRICT AND
TRION INDEPENDENT SCHOOL DISTRICT
SALES TAX FOR EDUCATIONAL PURPOSES.
Proposed Amendment to the Constitution.
No. 183 (House Resolution No. 822).
A RESOLUTION
Proposing an amendment to the Constitution, so as to allocate to
the Chattooga County School District and to the City of Trion for the
use of the Trion Independent School District the proceeds of any local
sales and use tax levied within Chattooga County and so as to provide
for corresponding ad valorem tax adjustments; to provide for submis-
sion 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 VII, Paragraph I of the Constitu-
tion is amended by adding at the end thereof a new undesignated
paragraph to read as follows:
Subject to such conditions and limitations as the General Assem-
bly may provide by local law, the net proceeds of any sales and use tax
levied within Chattooga County, regardless of by whom the tax is
levied, shall be divided between the Chattooga County School Dis-
trict and the City of Trion for the use of the Trion Independent
School District. The net proceeds of the tax shall be distributed
between the Chattooga County School District and the City of Trion
for the use of the Trion Independent School District according to the
ratio the population in each school district bears to the total popula-
tion of Chattooga County or upon such other formula for distribution
as may be determined by local law. The ad valorem tax millage rate
limitation applicable to the Chattooga County School District under
this Section VII of the Constitution and any ad valorem tax millage
rate limitation now or hereafter applicable to the Trion Independent
School District shall be reduced for every taxable year beginning on or
after January 1, 1984, by a millage rate which, if levied against
property taxable for educational purposes within each school district,
would produce an amount of revenue equal to the proceeds of the
local sales and use tax received by that school district in the immedi-
2676
GENERAL ACTS AND RESOLUTIONS, VOL. I
ately preceding taxable year. Said school districts and the City of
Trion on behalf of the Trion Independent School District shall also
with respect to ad valorem taxes levied by them comply with the
provisions of Code Section 48-8-91 as if they were counties or munici-
palities within the meaning of that Code section. The provisions of
this paragraph are self-executing, but the General Assembly shall be
authorized by local law to control the subject matter of this paragraph
and to define further and implement its provisions. This authority
may be exercised by the General Assembly notwithstanding any
general law heretofore or hereafter enacted dealing with the subject
matter of this paragraph and any local law adopted pursuant to the
authority of this paragraph shall control that subject matter notwith-
standing the provisions of any conflicting general law.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article XII, Section
I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended
( ) NO so as to allocate to the Chattooga
County School District and to the
City of Trion for the use of the Trion
Independent School District the
proceeds of any local sales and use
tax levied within Chattooga County
and so as to provide for correspond-
ing ad valorem tax adjustments?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GEORGIA LAWS 1982 SESSION
2677
SPALDING COUNTY SALES TAX TO
FINANCE PUBLIC FACILITIES, ETC.
Proposed Amendment to the Constitution.
No. 184 (House Resolution No. 823).
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
authorize Spalding County and the Griffin-Spalding County School
System to issue general obligation bonds without a referendum
election under certain conditions; to provide for the submission of
this proposed amendment for ratification or rejection; and for other
purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article IX, Section V, Paragraph II of the Constitu-
tion 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
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 and Use 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
2678
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the tax herein imposed shall be used solely to acquire, build, equip,
finance 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 not terminate until all debt issued pursuant to
Section 2 hereof to which said tax has been pledged as security has
been retired or refunded.
The General Assembly may 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 may by enactment prescribe.
Section 2. Article IX, Section VII, Paragraph I of the Constitu-
tion is amended by adding at the end thereof the following:
provided, however, Spalding County and Griffin-Spalding
County School System may issue sales and use tax bonds payable
solely from and secured solely by the proceeds of the tax imposed
pursuant to Section 1 hereof for jail facilities and courthouse and
administrative facilities for Spalding County and for a high school
and appurtenant facilities for the Griffin-Spalding County School
System, including but not limited to the cost of acquiring land,
buildings and equipment, property both real and personal, and all
incidental costs and expenses related thereto, without submitting the
issuance thereof to the voters of said County or said School District at
a referendum, subject to the following restrictions and limitations:
a. Not more than seventeen million three hundred thousand
dollars ($17,300,000) in the aggregate in such sales and use tax bonds
so issued without a referendum shall ever be issued; provided that
within such aggregate limit no more than three million two hundred
thousand dollars ($3,200,000) shall be issued for jail facilities, no more
than four million one hundred thousand dollars ($4,100,000) shall be
issued for courthouse and administrative facilities, and no more than
ten million dollars ($10,000,000) shall be issued for a high school and
appurtenant facilities.
GEORGIA LAWS 1982 SESSION
2679
b. Bonds issued pursuant to this amendment shall be confirmed
and validated, insofar as applicable, in accordance with the procedure
of the Revenue Bond Law (Official Code of Ga. Ann. Title 36, Chapter
82, Article 3), as now or hereafter amended.
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 3. The resolution of the General Assembly of Georgia
proposing an amendment to the Constitution of the State of Georgia
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 the proposed amend-
ment for ratification and for other purposes, which resolution is
contained in Georgia Laws 1981, p. 1934-1936, is hereby rescinded
and shall be of no force and effect.
Section 4. 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
( ) NO so as to declare the construction of
certain public facilities in Spalding
County as an essential governmental
function and a public purpose; to au-
thorize Spalding County to levy a re-
tail sales and use tax to provide
funds for the implementation of
such public purpose; to authorize
Spalding County to issue not more
than three million two hundred
thousand dollars ($3,200,000) of jail-
house bonds and not more than four
2680
GENERAL ACTS AND RESOLUTIONS, VOL. I
million one hundred thousand dol-
lars ($4,100,000) of courthouse and
administrative facility bonds; to au-
thorize the Griffin-Spalding County
School System to issue not more
than ten million dollars
($10,000,000) of school bonds; fill
such bonds to be payable solely from
and secured solely by the proceeds of
sales and use tax without a referen-
dum, but subject to the limitations
imposed?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
GRIFFIN-SPALDING COUNTY BOARD OF
EDUCATION ELECTION OF MEMBERS, ETC.
Proposed Amendment to the Constitution.
No. 185 (House Resolution No. 826).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that
the Griffin-Spalding County Board of Education shall be composed
often members to be elected from ten education districts by the
electors of their respective districts; 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 I of the Constitu-
tion is amended by adding at the end thereof the following:
GEORGIA LAWS 1982 SESSION
2681
A. The administration of the Griffin-Spalding County School
System shall be vested in a Board to be known and designated as the
Griffin-Spalding County Board of Education. Said Board shall
consist of ten members, each of whom shall be a person of good moral
character and at least 25 years of age at the time of assuming office as
a member of said Board. Each of the ten districts hereinafter created
and described shall be represented by one member of such Board,
who shall have been a resident of the district he represents for at least
six months before his election or appointment to said Board.
B. There are hereby created ten such single member districts
and the boundaries of each such district are hereafter designated and
described as follows:
District 1
Beginning at the intersection of Solomon and North Hill Street;
and running north along Hill Street to its intersection with the City
limits of Griffin; and running south and southwest along the City
limits to its intersection with the Central of Georgia Railroad Line;
and running north and northwest along the Griffin-Chattanooga Line
of the Central of Georgia Railroad System to its intersection with the
City limits; and running south along the City limits to its intersection
with Georgia Highway 16 (West Taylor Street); and running east
tdong West Taylor Street to its intersection with Expressway North;
and running north along Expressway North to its intersection with
West Solomon Street; and running east along West Solomon Street to
its intersection with North Hill Street, the point of beginning.
District 2
Beginning at the intersection of North Hill Street and Solomon
Street; and running north along North Hill Street to its intersection
with the City limits of Griffin; and running south and east along the
City limits to its intersection with Georgia Highway 16; and running
east and north along Georgia Highway 16 to its intersection with the
northeast boundary of the East Griffin (1980) Census Designated
Place (Tract 9908, Block 107) and running south and east along the
northeast boundary of East Griffin (1980) Census Designated Place
to its intersection with High Falls Road; and running west along High
Falls Road and East Solomon Street to its intersection with North
Hill Street, the point of beginning.
2682
GENERAL ACTS AND RESOLUTIONS, VOL. I
District 3
Beginning at the intersection of South Eighth Street and West
Solomon Street and running east along Solomon Street to its inter-
section with High Falls Road; and running east along High Falls Road
to its intersection with the City limits of Griffin; and running south
and west along the City limits to its intersection with South Sixth
Street Extension (Maple Drive); and running north along South Sixth
Street Extension (Maple Drive) to its intersection with Wesley Drive;
and running west and south along Wesley Drive to its intersection
with Maddox Road; and running west along Maddox Road to its
intersection with the City limits of Griffin; and running north and
west along the City limits of Griffin to its intersection with South Hill
Street; and running north along South Hill Street to its intersection
with South Eighth Street; and running north along South Eighth
Street to its intersection with West Solomon Street.
District 4
Beginning at the intersection of South Eighth Street and West
Solomon Street and running west along West Solomon Street to its
intersection with Expressway North; and running south along
Expressway North to its intersection with Georgia Highway 16 (West
Taylor Street); and running west along Georgia Highway 16 to its
intersection with U.S. Highway 19-41; and running south along U.S.
Highway 19-41 to its intersection with the City limits of Griffin; and
running east, south, and north along the City limits of Griffin to its
intersection with South Hill Street; and running north along South
Hill Street to its intersection with South Eighth Street; and running
north along South Eighth Street to its intersection with West
Solomon Street.
District 5
Beginning at the intersection of the City limits of Griffin and
North Hill Street; and running south and west along the City limits to
its intersection with Central of Georgia Railroad; and running north
along the Macon-Atlanta Line of the Central of Georgia Railroad
System to its intersection with Dobbins Mill Road; and running east
along Dobbins Mill Road to its intersection with Jordan Hill Road;
and running north and east along Jordan Hill Road to its intersection
with North Second Street Extension (Road Route S2083); and
running south and east along Road Route S2083 to its intersection
GEORGIA LAWS 1982 SESSION
2683
with McIntosh Road and North Second Street Extension; and
running south and west along North Second Street Extension to its
intersection with Cabin Creek Trail (Road Route P352); and running
south and east along Road Route P352 to its intersection with
Jackson Road (Georgia Highway 16); and running south and west
along Jackson Road to its intersection with the City limits of Griffin;
and running north and west along the City limits of Griffin to its
intersection with North Hill Street; and running south along North
Hill Street to the point of beginning.
District 6
Beginning at the intersection of Jackson Road (Georgia Highway
16) and the northeast boundary of the East Griffin (1980) Census
Designated Place (Tract 9908, Block 107); and running north and east
along Jackson Road to its intersection with Road Route P352; and
running north and west along Road Route P352 to its intersection
with North Second Street Extension; and running north along North
Second Street Extension to its intersection with McIntosh Road and
Road Route S2083; and running north along Road Route S2083 to its
intersection with Southern Railroad; and running north and east
along Southern Railroad to its intersection with Smoak Road; and
running north along Smoak Road to its intersection with Teamon
Road; and running east along Teamon Road to its intersection with
Georgia Highway 155; and running north along Georgia Highway 155
to its intersection with the Spalding-Henry County line; and running,
east, south, and west along the Spalding County boundary line to its
intersection with Walkers Mill Road; and running north and east
along Walkers Mill Road to its intersection with Rehoboth Road; and
running north and west along Rehoboth Road to its intersection with
Barrow Road; and running north along Barrow Road to its inter-
section with Newton Road; and running west along Newton road to its
intersection with High Falls Road and the eastern boundary of East
Griffin (1980) Census Designated Place (Tract 9908, Block 107); and
running north and west along the boundary of East Griffin (1980)
Census Designated Place to its intersection with Jackson Road
(Georgia Highway 16), the point of beginning.
District 7
Beginning at the intersection of High Falls Road and the City
Limits of Griffin; and running east along High Falls Road to its
intersection with Newton Road; and running east along Newton Road
2684
GENERAL ACTS AND RESOLUTIONS, VOL. I
to its intersection with Barrow Road; and running south along Barrow
Road to its intersection with Rehoboth Road; and running south and
east along Rehoboth Road to its intersection with Walkers Mill
Road; and running south and west along Walkers Mill Road to its
intersection with the Spalding-Lamar County line; and running west
along the Spalding County line to its intersection with State Highway
3 (South Hill Street Extension); and running north along State
Highway 3 to its intersection with South Side Drive; and running west
along South Side Drive to its intersection with Kennedy Drive; and
running north along Kennedy Drive to its intersection with Odell
Road; and running west along Odell Road to its intersection with
U.S. Highway 19-41; and running north along U.S. Highway 19-41 to
its intersection with the Griffin city limits; and running north, east
and south along the City limits of Griffin to its intersection with
Maddox Road; and running east along Maddox Road to its inter-
section with Wesley Drive; and running north and east along Wesley
Drive to its intersection with South Sixth Street Extension (Maple
Drive); and running south along South Sixth Street Extension (Maple
Drive) to its intersection with the City limits of Griffin; and running
east, north, west and south along the City limits of Griffin to its
intersection with High Falls Road.
District 8
Beginning at the intersection of State Highway 3 (South Hill
Street Extension) and South Side Drive and running south along
State Highway 3 to its intersection with the Spalding-Pike County
line; and running west, north, and east along the Spalding County line
to its intersection with Fayetteville Road; and running east along
Fayetteville Road to its intersection with Cheatham Road; and
running south along Cheatham Road to its intersection with Vaughn
School Road; and running south and west along Vaughn School Road
to its intersection with New Salem Road; and running east along New
Salem Road to its intersection with West McIntosh Road; and
running east along West McIntosh Road to its intersection with New
Salem Road; and running east along New Salem Road to its inter-
section with Ellis Road; and running east along Ellis Road to its
intersection with the City limits of Griffin; and running south along
the City limits of Griffin to its intersection with Georgia Highway 16;
and running east along Georgia Highway 16 to its intersection with
U.S. Highway 19-41; and running south along U.S. Highway 19-41 to
its intersection with the City limits of Griffin at Boyds Row (a public
street); and running east and south along the City Limits of Griffin to
GEORGIA LAWS 1982 SESSION
2685
its intersection with State Highway 362 (Meriwether Street); and
running southwest along State Highway 362 to its intersection with
Carver Road; and running south along Carver Road to its intersection
with the City Limits of Griffin; and running south and east along the
City Limits of Griffin to its intersection with U.S. Highway 19-41; and
running south along U.S. Highway 19-41 to its intersection with
Odell Road; and running east along Odell Road to its intersection
with Kennedy Drive; and running south along Kennedy Drive to its
intersection with South Side Drive; and running east along South
Side Drive to its intersection with State Highway 3 (South Hill Street
Extension).
District 9
Beginning at the intersection of the westerly projection of Mud
Bridge Road and the Spalding-Fayette County line; and running east
along Mud Bridge Road to its intersection with Coleman Road; and
running south and east along Coleman Road to its intersection with
Sidney Road; running south along Sidney Road to its intersection
with Birdie Road; and running east along Birdie Road to its inter-
section with Steel Road; and running south and east along Steel Road
to its intersection with Vineyard Road; and running east along
Vineyard Road to its intersection with Central of Georgia Railroad;
and running south along the Main Line of Central of Georgia Railroad
System to its intersection with the Griffin-Chattanooga Line of the
Central of Georgia Railroad System; and running west along Central
of Georgia Railroad to its intersection with the City limits of Griffin;
and running south along the City limits of Griffin to its intersection
with Ellis Road; and running west along Ellis Road to its intersection
with New Salem Road; and running west and north along New Salem
Road to its junction with West McIntosh Road; and running west on
West McIntosh/New Salem Road and continuing north and west on
New Salem Road to its intersection with Vaughn School Road; and
running north and east along Vaughn School Road to its intersection
with Cheatham Road; and running north and west along Cheatham
Road to its intersection with Fayetteville Road; and running west
along Fayetteville Road to its intersection with the Spalding-Fayette
County line; and running north along the Spalding-Fayette County
line to its intersection with the westerly projection of Mud Bridge
Road, the point of beginning.
2686
GENERAL ACTS AND RESOLUTIONS, VOL. I
District 10
Beginning at the intersection of the westerly projection of Mud
Bridge Road and the Spalding-Fayette County line; and running east
along Mud Bridge Road to its intersection with Coleman Road; and
running east along Coleman Road to its intersection with Sidney
Road; and running south along Sidney Road to its intersection with
Birdie Road; and running east along Birdie Road to its intersection
with Steel Road; and running south and east along Steel Road to its
intersection with Vineyard Road; and running east along Vineyard
Road to its intersection with Dobbins Mills Road; and running east
along Dobbins Mill Road to its intersection with Jordan Hill Road;
and running north and east along Jordan Hill Road to its junction
with North Second Street Extension and Road Route S2083; and
running east and south along Road Route S2083 to its intersection
with Southern Railroad; and running north and east along Southern
Railroad to its intersection with Smoak Road; and running north
along Smoak Road to its intersection with Teamon Road; and running
east along Teamon Road to its intersection with Georgia Highway
155; and running north and east along Georgia Highway 155 to its
intersection with the Spalding-Henry County line; and running west,
north and south along the Spalding County boundary line to its
intersection with the westerly projection of Mud Bridge Road, the
point of beginning.
C. At the first election for members of said Board of Education,
the term of members elected from Districts Nos. 1,4,7,8, and 10 shall
be for a term of two years from December 31st of the year of their
election. The term of such members from Districts Nos. 2,3,5,6 and 9
shall be for a term of four years from December 31st of the year of
their election. All members so elected shall hold office until their
successors have been duly elected (or appointed as hereinafter pro-
vided) and take office. The term of each member of the said Griffin-
Spalding County Board of Education elected after the first election of
such members shall be for a term of four years from December 31st of
the year of his election, and until his respective successor is elected
and takes office.
D. Each candidate for election as a member of the Griffin-
Spalding County Board of Education shall qualify by filing written
notice of his candidacy with the election superintendent of the
County of Spalding. Each such candidate, desiring to have his name
placed on the ballot, shall file his notice of candidacy during the days
and within the same time and manner as provided by law for a
candidate, seeking nomination to run for election to the House of
GEORGIA LAWS 1982 SESSION
2687
Representatives of the General Assembly of Georgia, qualifying in a
general primary election, and in the event of change in the law such
notice shall be filed at and within the same times and dates, and in the
same manner, as may be hereafter provided by law for a candidate,
other than the nominee of a political party nominated in a primary,
seeking election (or nomination) as a member of the General Assem-
bly of Georgia in a general primary election. Each such candidate
shall accompany his notice of candidacy with an affidavit stating such
information as is required by law for candidates in a general primary
election and such other information as may be prescribed by the
Spalding County election superintendent with whom the candidate
files his notice of candidacy. The qualifying fee to be paid by each
candidate at the time of filing such notice of his candidacy shall be
equal to the per diem compensation then being paid to a member of
such Board of Education for attending a regular monthly meeting of
said Board.
E. Each member of said Board qualifying from any of the
aforesaid districts shall be elected by a majority vote of the electors,
residing in such district and voting in such election. In the event no
such candidate shall receive a majority of the votes cast, a run-off
election between the candidates receiving the two highest number of
votes shall be held on the date and in the manner as now or hereafter
provided by law for holding such run-off elections in the general
primary for election of members of the General Assembly of Georgia.
Only the electors entitled to vote in the special election, as held
contemporaneously with the general primary election, shall be enti-
tled to vote in any run-off election resulting therefrom.
F. The first election hereunder for the ten members of said
Board of Education shall be held by the Election Superintendent of
Spalding County, Georgia, during the year, 1984, on the same date
and during the same hours that the general primary election is held in
the State of Georgia. Beginning with the year 1986 and biennially
thereafter, there shall be an election of five members to the Griffin-
Spalding County Board of Education. Each such election shall be a
special election and shall be held in the same manner, except as
herein this amendment set out, as provided by law for conducting
special elections in the State of Georgia. The Election Superinten-
dent of Spalding County is hereby authorized to employ the necessary
personnel and make necessary arrangements for conducting each
such special election. He shall canvass the returns and declare and
certify the results of each such election and he shall otherwise
2688
GENERAL ACTS AND RESOLUTIONS, VOL. I
conduct each such election, or run-off election, under the pertinent
laws of Georgia as a special election. He is further hereby empowered
and authorized to promulgate such rules and regulations, cumulative
of those provided by law, in conducting any such election, or run-off
election, that he, within his sole authority and discretion, may deem
fair and equitable under the circumstances prevailing. The expenses
of any such election, or run-off election, shall be borne by Spalding
County.
G. The death or resignation of a member of said Board, or his
physical or mental disability to perform his duties, or the removal of
his residence for a continuous period of two months from the district
from which he qualified, or the failure of such member to attend any
three consecutive meetings of the Board unexcused by the majority
vote by the remaining members of such Board, and the occurrence of
any one or more of such events, shall be deemed to create a vacancy on
said Board with respect to the office held by such member. Any such
vacancy on the Board shall be filled by the majority vote of the
remaining members at a regular monthly meeting or at any special
meeting, duly called and held for that purpose, with the person
designated to fill such vacancy having been a resident, for the six
months next preceding, of the particular district with respect to
which such vacancy occurred; however, if any such vacancy shall
occur more than two years and eight months before the term of office
of the member creating such vacancy shall expire, said Board may fill
such vacancy only for the period ending December 31 of the next
succeeding calendar year in which an election for Board members is to
be held, at which such election a member of said Board shall be
elected, as herein provided, to fill the remaining two years of the
unexpired term. Any person filling such vacancy shall serve as a
member of said Board until his successor is elected (or appointed) and
takes office.
H. Any provision of a constitutional amendment merging the
Spalding County School System and the City of Griffin School
System into one school district coextensive with the limits of
Spalding County which was ratified at the general election in 1952
and which is found in Ga. L. 1952, p. 554 which is in conflict with the
provisions of this amendment shall be void and of no force and effect.
Sections 2, 3, 4, 5, 6, 6A, 7, and 8 of the Act creating the Griffin-
Spalding County School System, approved February 25,1953 (Ga. L.
1953, Jan.-Feb. Sess., p. 2563), as amended by an Act approved
November 30,1953 (Ga. L. 1953, Nov.-Dee. Sess., p. 2007) and an Act
GEORGIA LAWS 1982 SESSION
2689
approved March 4,1955 (Ga. L. 1955, p. 2775) shall be void and of no
force and effect. An Act relating to the election of the members of the
Board of Education of the Griffin-Spalding County School System,
approved March 27,1972 (Ga. L. 1972, p. 2418), shall be void and of
no force and effect.
I. The provisions herein pertaining to the Griffin-Spalding
County School System, including the composition of the Griffin-
Spalding County Board of Education, the members of the Board,
their term of office, methods of selecting such Board members,
whether elections shall be partisan or nonpartisan, residence require-
ments, compensation, manner of such elections or appointments and
the method for filling vacancies, but not excluding any other provi-
sions herein pertaining to said School System, may hereafter be
changed by local law, conditioned upon approval by a majority of the
qualified voters voting thereon in a referendum in the School Dis-
trict.
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
( ) NO so as to provide that the Griffin-
Spalding County Board of Educa-
tion shall be composed of ten mem-
bers to be elected from ten education
districts by the electors of their re-
spective districts?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
2690
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 23, 1982
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 343, 470, 511, 522, 558 and 584
which were passed by the General Assembly of Georgia at the
1982 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:yl
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 Michael J. Bowers, Attorney General
Honorable David B. Poythress, Secretary of State
2691
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 23, 1982
George Busbee
Governor
Honorable Thomas B. Murphy
Speaker, House of Representatives
State Capitol
Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 76, 530, 1167, 1256, 1390 and 1736
which were passed by the General Assembly of Georgia at the
1982 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:yl
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 Michael J. Bowers, Attorney General
Honorable David B. Poythress, Secretary of State
2692
Veto No. 13S. B. 343 by Senator Greene of the 26th
Senate Bill 343 changes the training requirements of certain
applicants for chiropractic licensure. Because of a technical
drafting error, the author of Senate Bill 343 has requested that
this bill be vetoed in the light of the fact that a corrected version
of the substantive change sought to be effected by this bill was
incorporated into separate legislation already passed by the
General Assembly and approved by me.
Veto No. 14S. B. 511 by Senators Garner of the 30th, Hill of
the 29th, Cobb of the 28th and Barnes of the
33rd
Senate Bill 511 is a mixture of constitutionally impermissible
substantive and procedural legal concepts which, taken as a
whole, results in a bill which I cannot sign.
The first part of the bill prohibits the publication of the name
or identity of any person under the age of 17 who has been or
may have been the victim of a felony without the written con-
sent of a parent or legal guardian of such person. The bill makes
it a misdemeanor to do so. While it is important that we protect
the youthful victims of crime in this State to the greatest extent
possible, this bill would directly infringe on the right of the
press to freely publish matters which are of legitimate public
concern. This is clearly an infringement on the right to freedom
of the press in violation of the First Amendment, and I feel the
courts, if this bill were signed into law, would so declare it.
The second part of the bill prohibits the sale of obscene mate-
rial to minors and the display of such materials in public places
where minors may frequent. Last year, I signed into law a simi-
lar bill (Act 785) notwithstanding serious reservations that I had
concerning its impact upon First Amendment rights. That Act
was declared to be unconstitutionally overbroad and vague
which resulted in the infringement on the First Amendment
rights of both minors and adults. It is evident that the authors
of Senate Bill 511 have attempted to remedy each and every de-
fect found by the court in Act 785. However, I have grave con-
2693
cerns about the constitutionality of the display provisions.
The limitation of the materials that may be displayed at pub-
lic places to that which is suitable to minors will prevent the
perusal by adults at public places of materials which are not ob-
scene as to adults. While the intent of the bill is certainly lauda-
ble and it is important that we protect our youth to the greatest
extent possible, this bill infringes on the rights of adults to view
constitutionally protected material. This is clearly a prior re-
straint on the free exercise of speech of adults in violation of the
First Amendment, and I feel the courts, if this bill were signed
into law, would so declare it.
My third objection to Senate Bill 511 is that it is violative of
the Georgia Constitution which prohibits the passage of any law
which contains more than one subject matter. Senate Bill 511
contains two subject matters with no unity of purpose. The first
part of the bill regulates the manner in which the press may re-
port a criminal offense where a minor is or may be a victim. The
second part of the bill establishes standards by which materials
may be found harmful to minors and prohibits the display or
sale of such materials to minors.
These separate legal concepts are clearly not substantively
germane to one another since one attempts to limit the press
and the other attempts to limit the sale of defined material.
They are conjecturally related only in that they both deal with
minors. In my opinion, this is not sufficient under our State
Constitution.
Veto No. 15S. B. 522 by Senator Barnes of the 33rd
Senate Bill 522 would provide that a postponement shall be
granted by the court as a matter of right if notice is given prior
to the call of the case that counsel for either party is absent due
to the tried of a case in another court. The author of Senate Bill
522, following the decision of the Court of Appeals found in 160
Ga. App. 413, in a thoughtful and reflective manner attempted
to provide a workable solution to the dilemma which often coun-
sel are faced when their presence is required in two different
courts. However, keeping in mind that the present state of the
2694
law provides a workable solution if timely pursued by counsel,
and that by far and large the trial judges of this State will exer-
cise sound discretion and good judgment in granting continu-
ances, it is my belief that far more damage and potential for
abuse of the orderly administration of the trial court business
would exist if Senate Bill 522 were allowed to become law than
is presently possible. Given the options, I feel the final resolu-
tion of such conflicts is better left to the judgment of the court
than in the hands of counsel alone.
Veto No. 16Senate Bill 558 by Senator Kidd of the 25th
Senate Bill 558 would grant to certain job classes of state cor-
rectional officers a two grade upward reassignment. I have inves-
tigated the relative equity of the pay grade assignments of the
employees affected by Senate Bill 558. The pay scales of such
officers are not in perfect harmony with similar employee clas-
ses. This deficiency, therefore, will be corrected through appro-
priate administrative channels within the State Merit System.
While recognizing that a problem exists as to these employees
pay grades, it is an unwise precedent to allow the correction of
such deficiencies to be addressed legislatively. To do so would
perhaps encourage those among the ranks of state employees
who possess the sophistication and political expertise to seek re-
dress through their elected officials, while the less powerful and
politically knowledgeable employees needs would perhaps go
unattended. The administration of state personnel management
based upon merit ensures a professional and impartial mecha-
nism to achieve equity among all classes of employees. This sys-
tem will be employed to redress the grievances of the affected
correctional officers. Therefore, Senate Bill 558 is not required,
and it has been accordingly vetoed.
Veto No. 17Senate Bill 584 by Senators Kennedy of the 4th,
Gillis of the 20th, English of the 21st and others
Senate Bill 584 would provide that the Board of Offender Re-
habilitation is not authorized to compensate inmates employed
in any industry or performing services at any correction institu-
tion. While the Board currently has the authority to provide
2695
compensation for employed inmates and has had such authority
since 1975, it has never been exercised. This is due primarily to
the fact that no funds have ever been appropriated to the Board
for that purpose. While I agree with the concept, I feel that the
appropriate way to decide the issue of whether inmates should
be compensated for their service is through the annual appropri-
ations process. We should not foreclose the use of this rehabili-
tative tool in our corrections administration in the future, if
funds are appropriated. For this reason, I am vetoing Senate Bill
584.
Veto No. 18House Bill 76 by Representative Hutchinson of
the 133rd
House Bill 76 would, among other matters, provide that after
November 1, 1982, no member of the Employees Retirement
System of Georgia would be required to retire because of age.
The implications of this change in the personnel administration
of this State is profound. Only recently the mandatory retire-
ment age was appreciably increased to age 70. The effect of this
significant personnel policy change has not yet fully been ana-
lyzed or evaluated. There are presently in place adequate excep-
tions to the mandatory retirement age to enable the State to
continue to utilize the unique talents and abilities of older em-
ployees possessing essential professional, scientific or technical
skills beyond the age of 70. I think it unwise at this particularly
uneasy time to embark upon a change in personnel management
of unknown dimensions.
Veto No. 19H. B. 530 by Representative Snow of the 1st,
Walker of the 115th, Culpepper of the 98th and
others
House Bill 530 provides a long arm statute which specifies
the circumstances under which personal jurisdiction might be
achieved over nonresidents in actions relating to alimony, child
support and the division of property in relation to divorce. I am
concerned that two of the permissible conditions specified do
not constitute sufficient nexus with the State, and I am, there-
fore, fearful that the entire statute might be declared unconsti-
2696
tutional by the courts if challenged at a later date. I have dis-
cussed my concerns with those parties interested in the bill, and
we have collectively agreed that it would be the better part of
wisdom to address the nexus problems with more intensive
study and then provide the State at the next session of the Gen-
eral Assembly with a strong, defensible long arm statute. There-
fore, I have not allowed House Bill 530 to become law.
Veto No. 20H. B. 1256 by Representative Lane of the 40th
House Billr1256 creates the State Boxing Commission and in-
vests the Commission with the authority to regulate the promo-
tion or holding of professional boxing matches. The Commission
is composed of three members, one to be appointed by the Gov-
ernor, one by the Lieutenant Governor and one by the Speaker
of the House of Representatives. The regulation and licensing of
professional boxing is an executive function. I find no problem
with the objectives sought to be achieved by the creation of the
Commission. However, I feel strongly that it is unwise to allow
legislative or judicial officers to appoint members to executive
agencies. Accordingly, I have vetoed House Bill 1256.
Veto No 21H. B. 1736 by Representatives Hanner of the
130th and Coleman of the 118th
House Bill 1736 would allow employees of the state and local
political subdivisions whose principal duties relate to the incar-
ceration or supervision of persons accused or convicted of crimes
to be included within the definition of prison guards who are
eligible for indemnification due to the death or disability of such
personnel occurring in the line of duty. The authors intent was
to include parole and probation officers only. The Constitution
permits the General Assembly to provide such benefits only to
law enforcement officers, prison guards or firemen. To expand
the category of personnel eligible to receive such indemnification
to anyone not even remotely related to the hazardous working
conditions experienced by prison guards whose daily routine re-
quires their close supervisory contact and association with dan-
gerous criminals was not contemplated by the people of this
State when the Constitution was amended to permit such com-
2697
pensation. If House Bill 1736 were allowed to become law, a cler-
ical employee of the Department of Offender Rehabilitation in-
jured or killed in an automobile accident while performing a
routine errand for the Department would be eligible for a maxi-
mum indemnification payment of $50,000, notwithstanding the
fact that that employee never experienced any more hazardous
working conditions during his entire work experience than the
thousands of the other clerical employees working daily through-
out this entire State. The indemnification program was inaugu-
rated for the purpose of indemnifying those persons injured or
killed in the course of the extremely hazardous work environ-
ment experienced by law enforcement officers, prison: guards and
firemen. I see no justification for expanding the benefits of the
program to those categories of employees who do not participate
in or are not exposed to the very real dangers of such hazardous
professions. Therefore, I have vetoed House Bill 1736.
Veto No. 22S. B. 470 by Senators Thompson of the 32nd,
Barnes of the 33rd & Stumbaugh of the 55th
Senate Bill 470 would authorize a jury, upon the finding that
one or more aggravating circumstances were present in the com-
mission of a crime in which the death penalty was sought, to
impose a sentence of life without parole.
If there was one single issue which dominated or characterized
the prevailing mind set of the majority of the members of the
General Assembly in the 1982 session, it was the issue of law
and order and lets get tough with the criminals. Due in large
part to the publics very understandable reaction of outrage and
frustration due to the failure of the criminal justice system to be
able to respond appropriately by permitting the imposition of
the death penalty as punishment for one of the more horrible
and vile crimes committed within recent memory, the General
Assembly reacted with a deluge of proposals to address this con-
cern. Many of the proposals were well-conceived, artfully
drafted and responsibly presented throughout the legislative
process. Unfortunately, other proposals were not imbued with
those attributes.
Senate Bill 470 in my judgment was one of the more irrespon-
2698
sible products of the law and order demagoguery which so often
shouted down and swept before it responsible descent in the
rush of the irresponsible or ill-informed supporters of this pro-
posal to demonstrate to their constituency that they were indeed
the champion of the lawful and the annointed enemy of the
criminal.
The enactment of the life without parole legislation in my
judgment is the cruelest hoax visited upon the public by the
General Assembly in recent memory. The public during this ses-
sion of the General Assembly manifested a very real interest and
desire for a''change in our criminal justice system so that when
particularly terrible crimes are committed, but yet a jury cannot
unanimously agree that a death sentence is warranted, that
there be some alternative to a prison sentence which might re-
sult in the perpetrator being released after a minimum period of
confinement of seven years. I, myself, find no particular fault
with the concept desired by the people. However, there were
available to the General Assembly correct avenues and means as
well as Ill-conceived and inappropriate ways to execute this
policy.
For reasons which I am totally without ability to comprehend,
the General Assembly elected to choose the most obviously and
patently wrong way to proceed to effectuate this concept; and
when any attempt at responsible constraint or wise counsel was
advanced, it was immediately and effectively silenced or ignored
by the breast beating law and order majority. If the time has
come in Georgia to limit the absolute constitutional authority of
the State Board of Pardons and Paroles to grant executive clem-
ency to persons convicted and sentenced to life imprisonment
for the commission of certain crimes, then no member of the
General Assembly is without the presumed knowledge that the
Constitution must first be altered to permit this limitation of
the Boards otherwise complete and unrestrained authority. The
proposed new Constitution, adopted in the 1981 special session,
was successfully amended during the 1982 session of the General
Assembly to specifically authorize the General Assembly to limit
the Boards authority in precisely this exact instance. Therefore,
all that was required of the General Assembly was to enact an
appropriate statute and for its effectiveness to be made contin-
gent upon the Constitution being altered to permit the action in
2699
order to successfully limit the Boards authority. Such a statute
would have been legally sound and absolutely unassailable on
constitutional grounds. Instead, a majority of the General As-
sembly elected to proceed without constitutional authority in
the most oblique and contorted manner by allowing a jury to
impose a sentence of life without parole.
If Senate Bill 470 were allowed to become law, there is no
doubt in my mind that the public and in particular every juror
who voted for a life without parole sentence would justifiably,
but mistakenly, believe that a person so sentenced would indeed
spend the remainder of his life in prison. In actuality, nothing
further from the truth would result, and the State Board of Par-
dons and Paroles, could (but, of course, in my judgment would
not) release on parole the convicted and sentenced individual
the very next day following the imposition of the jury sentence. I
will not permit the public to be so deceived and to further sub-
ject the criminal justice system to derision and ridicule when
this cruel hoax would be immediately unmasked at the very first
opportunity by any challenge within our judicial system.
When the Supreme Court of the United States declared un-
constitutional our death penalty statute and provided guidelines
which must be followed in order that the death penalty might be
imposed in certain aggravated cases, we complied by passing a
new death statute that limited the imposition of the death pen-
alty to those cases in which these aggravating circumstances
were found to exist by the jury. Our new statute has been deter-
mined to be constitutional by the Supreme Court of the United
States. We now have over 100 prisoners on death row that have
been sentenced to death under a constitutional law, and yet
these prisoners remain there year after year while a never ending
game of delay is played out in our judicial system.
It has been my sad experience to meet with members of the
Alday family whose loved ones were mutilated by mass murder-
ers; with a grandmother whose grandbaby was sexually abused,
mutilated and murdered; and with Reverend Buice whose
daughters murder and resulting trial have only heightened the
publics sense of frustration with the delays experienced with
the death penalty.
2700
It is with the foregoing background that I can honestly say
that there is not a stronger advocate in Georgia of the imposi-
tion of the death sentence than George Busbee.
At the suggestion of the Supreme Court of Georgia, and with
my support the Georgia General Assembly passed a unified ap-
peal statute to combine and expedite appeals in the State judi-
cial system. But we still have inexplainable delays in the federal
courts.
The Attorney General of Georgia has served notice on the fed-
eral courts that the State will not agree to any further delays in
the federal courts. He has computerized the trial status of every
prisoner on death row so as to expedite hearings before the fed-
eral courts.
As I stated several months ago, it appears that we are on the
road to removing the roadblocks on carrying out the death pen-
alty, and it appeared that we would have our first execution the
latter part of this year or early next year. It is with this scenario
that I have evaluated the bill under consideration.
Even if Senate Bill 470 did not, as it does, patently violate our
State Constitution, I would not approve of it, because in my
judgment, the bill represents a serious weakening of our death
penalty. If I were to sign this bill today and were it to remain
operative until thrown out by the court, irreparable harm would
result.
First, the approval of this bill could very well result in the
constitutional death statute we now have being declared
unconstitutional.
Under the present death penalty statute, after a determina-
tion of guilt, if a jury finds that one or more of the specified
aggravating circumstances were present in the commission of the
crime, the jury is authorized to impose the death sentence. The
only other alternative is a sentence of imprisonment for life.
This bill will provide the jury with a third alternative. If the jury
found the same aggravating circumstances present that would
legally authorize them to impose the death penalty, the jury may
impose a sentence of life without parole. For this reason, Senate
2701
Bill 470 would further impede the imposition of the death sen-
tence even in those cases where the Supreme Court has stated it
would be permissible to impose the penalty of death.
For the very same legal reasons I have explored more fully in
my veto message of House Bill 1167 (Veto No. 23), the Supreme
Court would in my judgment declare this bill unconstitutional
because it does not provide any rationally reviewable process to
determine why in one instance during the commission of a crime
an aggravating circumstance caused the imposition of a death
sentence, but permits in another instance, identical in its factual
occurrence, that a life without parole sentence would be im-
posed. The bill thus allows the arbitrary and capricious imposi-
tion of the death sentence which must be struck down by the
courts. In the meantime, how many murderers will have escaped
the death penalty which, without this bill, would have otherwise
been sentenced to a just and appropriate penalty of death?
The means to accomplish the desired objective of insuring
that persons who commit certain crimes and are sentenced to
imprisonment for life will not be paroled is available if the peo-
ple will pass the proposed new Constitution in November which
contains therein the authorization of the General Assembly to so
limit the powers of the Board of Pardons and Paroles.
Meanwhile, I think we should preserve the death statute we
have and not open it up to constitutional attack, and that we
should try to expedite the execution of the sentences of death
that have been imposed.
I have listened to the election year rhetoric and demagoguery
in the passage of this bill, and I am prepared for that which will
follow my veto. Meanwhile, I will continue to support the death
penalty and seek to expedite it in every lawful instance as I feel
that it is the greatest deterrent to the commission of heinous
crimes.
I commend the responsible members of the General Assembly
who had the courage to exert unpopular opposition to this pro-
posal. I am convinced that thoughtful reflection will demon-
strate the wisdom of those members opposition and the correct-
ness of my decision to veto Senate Bill 470.
2702
Veto No. 23H. B. 1167 by Representative Darden of the
19th and Snow of the 1st
House Bill 1167 would authorize the court in criminal cases in
which the death penalty were being sought to declare a mistrial,
impanel a new jury and proceed to completion with the sentenc-
ing portion of the case when at least ten, but less than 12, of the
original jurors were in favor of imposing the death sentence and
at least one aggravating circumstance was found to be present.
The very same crime and circumstances which caused the Gen-
eral Assembly to enact Senate Bill 470 provided the motivation
to address the very same frustrations enunciated by the public
as a result of that case, but to approach the problem differently
as outlined above.
I feel that my own very strong support of the death penalty
and belief that the death penalty is an appropriate punishment
for the commission of particularly heinous crimes is shared and
concurred in by the vast majority of the citizens of this State.
Since the death penalty was reinstituted in Georgia in 1973,
every case in which the death penalty was imposed has been ap-
pealed to the Georgia Supreme Court, and in those cases in
which the death penalty was affirmed by the Georgia Supreme
Court, ultimately to the United States Supreme Court. Over this
nine year period of repeated court challenge, the 1973 death
penalty statute and its procedural safeguards have by far and
large successfully withstood the scrutiny of the United States
Supreme Courts review and has in substantial and material part
survived all constitutional challenges. Nevertheless, the death
penalty in Georgia hangs in balance by a precarious and delicate
thread of equalibrium. House Bill 1167 could destroy this ex-
tremely sensitive balance and subject all future death sentences
to a very uncertain and hazardous court challenge.
The Supreme Court demands of each state which wishes to
authorize capital punishment to tailor and apply its death pen-
alty statute in a manner that avoids the possibility of the arbi-
trary and capricious imposition of this ultimate punishment.
The capital sentencing scheme must provide a meaningful basis
for distinguishing the few cases in which the death penalty is
imposed from the many cases in which it is not. No statute au-
2703
thorizing capital punishment can be successfully defended
before the courts which creates a substantial risk that the pun-
ishment will be inflicted in an arbitrary and capricious manner.
It is my personal opinion, concurred, in and supported by
respected authorities on the issue of capital punishment, that a
sentencing scheme which on the one hand allows the State to
accept the decision of a divided jurys decision to not permit the
imposition of the death sentence and agree in lieu thereof to a
life sentence, but on the other hand, for unspecified reasons, in a
case in which at least ten of the jurors have voted in favor of the
death penalty, if an aggravating circumstance is present, to uni-
laterally opt for the opportunity to once more convince a new
panel of jurors to achieve a unanimous decision to impose the
death sentence, is without the necessary safeguards to foreclose
arbitrary and capricious sentencing patterns.
Because House Bill 1167 lacks clear and objective standards
that provide specific and detailed criteria whereby the two dif-
ferent results in such cases can be distinguished, the sentencing
scheme would not afford a rationally reviewable process for im-
posing a sentence of death. It is no longer the subject of conjec-
ture that a sentencing scheme which does not comport with the
above criteria will not meet constitutional muster before the
courts.
I do not believe that any public official supports the death
penalty with more ardor or advocates a more vociferous defense
for the concept than I. If we are to have the ordered society
which the public deserves and demands, a well formulated and
constitutionally sound death penalty law is the linchpin of the
criminal justice system which stands as the first line of defense
against the ever expanding criminal element which threatens the
very foundations of such a society. To wager the benefits to be
derived from the very isolated and extremely rare instances in
which the procedures advocated in House Bill 1167 would be ap-
plied against the very real and substantial benefits of the nine
years of court review and approval of this States death penalty
law, is a wager in which the potential loss vastly and overwhelm-
ingly outweighs the benefits. I am, therefore, left with no other
alternative than to foreclose the possibility of losing the death
penalty in this State. Accordingly, House Bill 1167 has been
2704
vetoed.
Veto No. 24H. B. 1390 by Representatives Argo of the 63rd,
Adams of the 36th, Bolster of the 30th & John-
son of the 66th
House Bill 1390 creates the Renewable Energy Research and
Development Council. The Council would duplicate the respon-
sibility and functions of an existing state agency which is on
line, functioning and fully funded. I do not, therefore, agree that
a duplication of this responsibility is necessary or wise. There-
fore, I have vetoed House Bill 1390.
COUNTIES AND SUPERIOR COURT CIRCUITS
2705
2706
APPELLATE COURTS
SUPREME COURT OF GEORGIA
As of January 15, 1982
ROBERT H. JORDAN...............................................Chief Justice
HAROLD N. HILL, JR.................................Presiding Justice
THOMAS O. MARSHALL, JR.............................Associate Justice
HAROLD G. CLARKE...................................Associate Justice
GEORGE T. SMITH....................................Associate Justice
HARDY GREGORY, JR.................................... Associate Justice
CHARLES L. WELTNER.................................Associate Justice
JOLINE BATEMAN WILLIAMS .............................Clerk
HAZEL E. HALLFORD.............................Deputy Clerk
GUY M. MASSEY.....................................Reporter
W. SCOTT HENWOOD.........................Assistant Reporter
COURT OF APPEALS OF GEORGIA
As of January 15,1982
J. KELLEY QUILLIAN............................ Chief Judge
BRASWELL D. DEEN, JR..............................Presiding Judge
WILLIAM LEROY MCMURRAY, JR........................Presiding Judge
ARNOLD SHULMAN....................................Presiding Judge
HAROLD R. BANKE.......................................Judge
A. W. BIRDSONG, JR....................................Judge
GEORGE H. CARLKY......................................Judge
JOHN W. SOGNIER.......................................Judge
MARION T. POPE, JR....................................Judge
ALTON HAWK ....................................Clerk
DONALD L. SHIVER...................Special Deputy Clerk
GUY M. MASSEY................................Reporter
W. SCOTT HENWOOD.....................Assistant Reporter
2707
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
JOHN T. STRAUSS, D.A., Newton County Courthouse
NewtonSecond and third Mondays in January, April, July and October
WaltonFirst and second Monday in February, May, August hnd
November
ATLANTA CIRCUIT.
HONS. LUTHER ALVERSON, Chief Judge, Fulton County Courthouse
SAM P. MCKENZIE, OSGOOD O. WILLIAMS, JOHN S. LANGFORD,
JOEL J. FRYER, RALPH H. HICKS, FRANK M. ELDRIDGE, WIL-
LIAM W. DANIEL, ISAAC JENRETTE, CLARENCE COOPER,
PHILIP F. ETHERIDGE, 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, Tattntill 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
2708
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
2709
CHEROKEE CIRCUIT.
HONS. JERE F. WHITE, Chief Judge, Bartow County Courthouse
TOM 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, June and December; second Monday in
September
CLAYTON CIRCUIT.
HONS. MARVIN A. MILLER, Chief Judge, Clayton County Courthouse
JOE C. CRUMBLEY, WILLIAM H. BILL 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 COURT.
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
2710
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
2711
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
THOMAS DAY WILCOX, 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
2712
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
CandlerSFirst 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
DawsonfeFirst 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
2713
OCMULGEE CIRCUIT.
HONS JOSEPH B. DUKE, Chief Judge, Baldwin County Courthouse
HUGH P. THOMPSON, Judge, Baldwin County Courthouse
WILLIAM A. PRIOR, JR., Morgan 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 and 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. F. PHILLIP SHEFFIELD, Presiding Judge, Early County Courthouse
LOWERY F. STONE, Judge, Early County Courthouse
CHARLES M. FERGUSON, D.A., Randolph County Courthouse
Clay-Third 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
2714
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
GILBERT J. MURRAY, D.A., Decatur County Courthouse
BakerThird Monday in January and July
CalhounLast Monday in May and November
DecaturFirst Monday in February, May, August and November
GradyThird Monday in March and September
MitchellSecond Monday in January and July; third Monday in April
and October
SOUTHERN CIRCUIT.
HONS. GEORGE A. HORKAN, JR., Chief Judge, Colquitt County
Courthouse
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
2715
SOUTHWESTERN CIRCUIT.
HONS. WILLIAM F. BLANKS, Presiding Judge, Macon County Courthouse
THAD W. GIBSON, Judge, Sumter County Courthouse
JOHN R. PARKS, D.A., Sumter County Courthouse
LeeFourth Monday in April and October
MaconSecond Monday in May and November
SchleySecond Monday in February and August
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
2716
TOOMBS CIRCUIT.
HONS. ROBERT L. STEVENS, Judge, McDuffie County Courthouse
E. PURNELL DAVIS, III, Judge, Warren 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
CLARANCE D. BLOUNT, Judge, Ware 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
PierceFrist Monday in May; second Monday in December
WareSecond Monday in April and November
WESTERN CIRCUIT.
HONS. JAMES BARROW, Chief Judge, Clarke County Courthouse
JOSEPH J. GAINES, Judge, Clarke County Courthouse
HARRY N. GORDON, D.A., Oconee County Courthouse
ClarkeSecond Monday in January, April, July and October
OconeeSecond Monday in March and September
INDEX
2717
TABULAR INDEX
PROPOSED AMENDMENTS TO THE CONSTITUTION
Amendments proposed in 1981 repealed............................... 2555, 2557
Augusta, City of; ad valorem tax exemptions............................ 2616
Baxley, City of; homestead exemptions.................................. 2653
Blekley County; election of members of board of education.............. 2669
Cabbagetown Historic District; ad valorem taxation..................... 2509
Camden County; homestead exemptions.................................... 2586
Chamblee, City of; homestead exemptions................................ 2542
Chattooga County School District and Trion Independent School District;
sales tax for educational purposes...................................... 2675
Cobb County; justices of the peace........................................... 2615
College Park, City of; homestead exemptions.................................. 2605
Colquitt County; tax for emergency medical services ........... ............. 2663
Columbia County; justices of the peace ...................................... 2575
Constitution of 1983; proposed amendments.................................... 2551
Countywide library systems in certain counties (500,000 or more)............. 2547
Covington, City of; homestead exemptions..................................... 2568
Crisp CountyCordele Industrial Authority; members........................... 2570
Crisp County; homestead exemptions........................................... 2564
DeKalb County; homestead exemptions..................................... 2657, 2659
DeKalb County; justices of the peace......................................... 2573
Doraville, City of; homestead exemptions..................................... 2610
Effingham County; homestead exemptions........................................ 2634
Fulton CountyCity of Atlanta; ad valorem tax exemptions................ 2645, 2647
Fulton County; building authority............................................. 2613
Fulton County; municipal recreational programs................................ 2504
Glynn County; ordinances...................................................... 2637
Griffin-Spalding County Board of Education; election of members, etc......... 2680
Habersham County; sales tax for educational purposes ........................ 2566
Hapeville Development Authority ......................................... 2524, 2618
Henry County; ad valorem tax exemption....................................... 2609
Henry County; homestead exemptions.................................2515, 2517, 2519
Houston County; ad valorem taxes for educational purposes ................... 2601
Houston County; sales tax for educational purposes........................... 2600
Jefferson County; ad valorem taxation........................................ 2588
Lowndes County; business licenses ........................................... 2593
Lowndes County; justices of the peace........................................ 2592
Lowndes County; street improvement bonds..................................... 2649
Macon, City of; pensions of firemen and police............................... 2549
Meriwether County; justices of the peace..................................... 2582
Mitchell County School District and Pelham County School District;
sales tax for educational purposes...................................... 2643
Moultrie-Colquitt County Development Authority; bonds........................ 2578
Newton County; homestead exemptions.......................................... 2640
Paulding County; homestead exemption for educational purposes................ 2511
Pierce County School District; homestead exemptions.......................... 2584
Pine Lake, City of; homestead exemptions .................................... 2590
Polk County; jurisdiction of justices of the peace .......................... 2513
2718
INDEX
Powder Springs Downtown Development Authority............................... 2505
Pulaski County; election of members of board of education................... 2664
Rabun County; sales tax for educational purposes............................ 2522
Richmond County; merit system for sheriffs employees ....................... 2639
Schley County; justices of the peace........................................ 2598
Screven County; ad valorem tax exemptions................................... 2635
Sovereign Immunity.......................................................... 2546
Spalding County; sales tax to finance public facilities, etc................ 2677
Thomaston-Upson County Industrial Authority; projects....................... 2607
Tift County and City of Tifton; charter commisison.......................... 2557
Towns County; sales tax for educational purposes............................ 2540
Trion, City ofSales tax for educational purposes........................... 2675
Union City; homestead exemptions............................................ 2597
Union County; sales tax for educational purposes............................ 2507
Walton County; business licenses............................................ 2655
Ware County; county manager................................................. 2563
Whitfield County; homestead exemptions...................................... 2576
Whitfield County; merit system of personnel administration ................. 2595
CODE SECTIONS
3-1004; amended............................................................. 1150
Title 5A; amended........................................................... 1463
5A-507; amended ...................................................521, 1768, 1855
5A-2901; amended ............................................................ 592
5A-2903; amended ........................................................... 1855
5A-5511; amended............................................................ 1111
5A-5701; amended............................................................ 1111
5A-6121; amended ............................................................ 511
15-302.1; enacted .......................................................... 1867
21- 105; amended........................................................ 585, 590
Title 22; amended ........................................................... 886
22- 1201; amended........................................................... 894
Chapter 22-19; amended....................................................... 807
22-1902; amended............................................................. 696
22-1907; amended............................................................. 696
22- 5106; amended........................................................... li
23- 1705; amended........................................................... 686
24- 1716.2; enacted ........................................................ 552
24-1804; amended............................................................ 1611
24-1901; amended............................................................ 1369
24-2704; amended............................................................. 877
Chapter 24-27A; amended .................................................... 1204
24-2811; amended............................................................ 1779
24-2813.1; enacted .......................................................... 891
24-2823; amended............................................................ 1659
Chapter 24A-25; amended .................................................... 1811
24A-3503; amended............................................................ 828
Title 26; amended .......................................................... 1385
26-1302; amended............................................................ i242
INDEX
2719
26-1701; amended............................................................. 1661
26-1714; amended............................................................... 1661
26-1812; amended.............................................................. 1371
26-2615; amended................................................................ 974
26-2714; enacted............................................................... 2214
26-2907; amended................................................................ 789
26- 2914; amended............................................................. 1171
27- 401; amended............................................................... 493
Chapter 27-15; amended........................................................ 1476
27-2511.1; amended............................................................. 1271
32-904; amended................................................................. 589
32-913; enacted................................................................. 515
32-942.1; amended.............................................................. 1693
Chapter 32-37; amended......................................................... 1699
Chapter 32-49; amended......................................................... 1699
34-403; amended................................................................. 437
34-508; amended............................................................... 513
34-603; amended................................................................. 650
34-610; amended................................................................. 442
34-632; amended................................................................. 688
34-1013; amended................................................................ 697
Chapter 35-10; amended........................................................ 622
38-418; amended................................................................ 1077
38-1606; amended............................................................... 1167
41A-102; amended............................................................... 2496
41A-3520; amended.............................................................. 1085
45-527; amended................................................................ 1618
47-101; amended................................................................. 452
47-102; amended................................................................. 444
Chapter 49-6; amended........................................................... 796
49- 606; amended............................................................. 1221
50- 127; amended.............................................................. 786
53-202.1; enacted ............................................................. 850
Title 56; amended ............................................................. 1678
56-407B; enacted .............................................................. 802
56-414; amended............................................................... 1624
56-1022.1; enacted ............................................................ 1217
56-1040; amended................................................................ H88
56-1715; amended................................................................ H88
56-1817; amended............................................................... H88
56- 2703; amended............................................................. 622
57- 109; amended.............................................................. ^20
59-104; amended................................................................. 648
59-105; amended................................................................ 1230
59-201; amended................................................................
59-601A; amended................................................................ 641
59-704.1; amended............................................................... 600
Chapter 68-2; amended.......................................................... 1664
68-502; amended................................................................. 627
68-503; amended................................................................. *1
68A-802; amended............................................................... 1280
2720
INDEX
68A-903; amended.......
68A-1507; amended......
68B-307; amended.......
68B-312; amended .......
Title 68C; amended.....
68C-608; amended ......
Chapter 69-4; amended ..
74-109; amended........
74-110; amended........
79-403; amended........
Title 79A; amended.....
84-203; amended........
Chapter 84-3; amended . .
84-311A; amended.......
84-321; amended........
Chapter 84-5; amended .
84-602; amended........
84-702; amended........
84-902(d); enacted.....
Chapter 84-14; amended
84-1002, amended.......
84-1102; amended.......
Chapter 84-15; amended
84-2104; amended.......
84-2124; amended.......
Chapter 84-40; amended
Title 88; amended .....
88-110; amended........
88-301A; amended.......
88-302A; amended.......
88-1202; amended.......
Chapter 88-17; amended
Chapter 88-18; amended
88-1901; amended.......
88-1903; amended.......
88-1913; amended.......
Chapter 88-19D; enacted
88-3114; amended.......
88- 4010; amended.....
89- 426; amended......
Chapter 90-2; amended .
90- 210; amended......
91- 110a; amended.....
Title 91A; amended
91A-1028.1; enacted
91A-1328; amended
91A-1361; amended
91A-1370; amended
91A-1373; amended
91A-1705; amended
91A-1921; amended .. . .
.......... 1694
.......... 1694
.......... 1633
......... 1601
.......... 1751
.......... 1624
.......... 502
.......... 1369
.......... 1369
........... 805
1156, 1264, 2403
.......... 1782
.......... 1019
......... 1686
........... 903
.......... 2333
.......... 1621
.......... 1056
......... 2266
.......... 1001
.......... 2500
.......... 1278
.......... 1065
...... 2308
.......... 2483
.......... 2378
........... 937
.......... 1592
.......... 1667
.......... 1667
............ 1077
............ 723
............ 712
............ 864
............ 864
............ 1249
........... 2248
............ 692
........... 2378
............ 1779
............. 892
............. 702
............. 857
....... 575, 999
........... 2382
............ 996
............ 1114
............ 996
........... 2244
...... 996, 1853
............ 1376
INDEX
2721
91A-5303.1; enacted....................................................... 422
93-210; amended.......................................................... 1063
Chapter 93-3; amended..................................................... 412
93A-202a; amended........................................................ 1174
101-205; amended.......................................................... 702
105-104.1; enacted ...................................................... 1283
105-1807; amended........................................................ 2211
Title 114; amended ................................................. 2360, 2485
OFFICIAL CODE OF GEORGIA ANNOTATED
Code Revision Amendment............................................... 3, 2107
1-2-7; amended............................................................ 826
1- 4-1; amended.......................................................... 986
2- 1-4; amended......................................................... 1232
Title 3; amended ........................................................ 1463
3- 3-7; amended...............................................521, 1768, 1853
3-3-20; amended........................................................... 890
3-4-90; amended........................................................... 592
3-4-92; amended.......................................................... 1853
3-6-21.1; amended........................................................ 1111
3-6-50; amended......................................................... 1111
3- 7-43; amended......................................................... 511
4- 5-26; amended........................................................ 1862
4- 5-58; amended........................................................ 1862
Title 4, Chapter 6; amended.............................................. 1804
5- 6-4; amended......................................................... 1186
Title 7, Chapter 1; amended............................................. 2219
7-1-4; amended........................................................... 2496
7-1-293; amended......................................................... 1781
7-1-789; amended......................................................... 1085
Title 7, Chapter 4; amended............................................... 488
7- 4-17; amended......................................................... 420
Title 8, Chapter 2; amended......................................... 1376, 1637
8- 2-24; amended......................................................... 608
Title 8, Chapter 3; amended....................................1716, 1813, 2228
8-3-5; amended............................................................ 608
8-3-50; amended.......................................................... 1087
8- 3-52; amended......................................................... 006
Title 8, Chapter 9; enacted.............................................. 1818
Title 9, Chapter 11; amended............................................. 2374
9- 11-41; amended........................................................ 184
9-12-23; enacted......................................................... 1262
9-14-42; amended.......................................................... 166
9-14-48; amended.......................................................... 166
9- 15-2; amended......................................................... 033
Title 10, Chapter 1; amended............................................. 1680
10- 1-591; amended...................................................... 1013
Title 10, Chapter 4; amended............................................. 2286
10-5-9; amended.......................................................... 1178
Title 10, Chapter 9; amended.............................................. H22
Title 12, Chapter 3; amended............................................. 2076
12-3-199; amended........................................................ 1864
Title 12, Chapter 5; amended............................................. 3339
2722
INDEX
12-5-31; amended................................................................. 2304
12-5-105; amended................................................................ 2306
12- 6-63; amended.............................................................. 984
Title 12, Chapter 8; amended..................................................... 2389
Title 13, Chapter 8; amended.............................................. 1753, 1791
13- 10-1; amended.............................................................. 686
Title 14; amended ............................................................... 886
14- 2-250; amended.............................................................. 694
14-5-7; amended............................................... ... ....... 1197
Title 14, Chapter 6; amended...................................................... 807
14-6-2; amended................................................................... 696
14- 6-7; amended................................................................ 696
15- 6-1; amended.................. ............................................ 439
15-6-2; amended.................................................... 428, 434, 436, 501
15-6-3; amended............................................................. 536, 546
15-6-8; amended................................................................... 974
15-6-25; amended................................................................. 1486
15-6-56; amended.................................................................. 877
15-6-77; amended................................................................ 879
15-6-89; amended............................................................... 1180
15-7-5; amended.................................................................. 1287
15-7-9; amended................................................................... 518
Title 15, Chapter 9; amended..................................................... 1612
15-9-1.1; enacted.............................................................. 682
15-9-11.1; enacted............................................................... 544
15-9-30; amended.......................................................... 1369, 1502
15-9-37; amended................................................................ 1617
15-9-60(e); enacted............................................................. 552
Title 15, Chapter 11; amended.............................................1871, 2199
15-11-60; amended................................................................ 928
15-12-23; amended................................................................. 548
15-12-24; amended................................................................ 1230
15-12-60; amended................................................................ 779
15-12-102; amended................................................................ 541
15-12-132; amended............................................................... 800
15-15-4.1; amended .............................................................. 1204
15-16-20; amended................................................................ 1267
15-16-21; amended................................................................ 1659
15-16-23; amended................................................................ 1779
15-16-26; amended................................................................. 425
15-16-27; enacted................................................................. 991
15- 18-17; amended............................................................. 1486
Title 15, Chapter 22; enacted.................................................... 1737
Title 16; amended ............................................................... 1385
16- 5-21; amended.............................................................. 1242
16-5-40; amended.................................................................. 970
16-5-45; amended................................................................ 870
16-5-80; enacted................................................................. 2499
16-8-12; amended................................................................. 1371
16-11-64; amended................................................................ 2319
16-11-130; amended................................................................ 789
INDEX
2723
16-11-131; amended.......................................... ................... 1171
16-12-1; amended................................................................ 968
16-12-20; amended............................................................... 1661
16-12-32; amended................................................................ 2325
16-12-36; amended................................................................ 1661
16-12-36; enacted................................................................ 2214
Title 16, Chapter 13; amended.................................................... 2370
16-13-21; amended......................................................... 1264, 2403
16-13-25; amended................................................................ 2403
16-13-26; amended................................................................ 2403
16-13-27; amended................................................................ 2403
16-13-28; amended................................................................ 2403
16-13-31; amended................................................................ 2215
16-13-32; amended................................................................ 2359
16-13-49; amended......................................................... 2273, 2325
16-13-71; amended................................................................ 2403
16- 13-74; amended............................................................. 2403
Title 17, Chapter 5; amended..................................................... 2336
Title 17, Chapter 6; amended.............................................. 1136, 1224
17- 6-1; amended................................................................ 910
17-6-30; amended............................................................... 1254
17-6-70; amended................................................................. 1658
17-6-72; amended................................................................. 1658
Title 17, Chapter 7; amended..................................................... 1224
17-7-20; amended.................................................................. 493
17-7-131; amended................................................................ 1476
17-10-6; amended................................................................. 1271
17-12-7; amended................................................................. 1161
19-2-3; amended................................................................... 805
19-3-33.1; enacted............................................................... 950
19-9-4; amended.................................................................. 1189
Title 19, Chapter 11; amended.................................................... 1207
19-11-9; amended................................................................. 1105
19-11-19; amended................................................................ 1204
19- 13-4; amended............................................................... 2300
Title 20, Chapter 2; amended.................................................... 636
20- 2-53; amended.............................................................. 1175
20-2-55; repealed................................................................ 834
20-2-183; amended.................................................................. ^
20-2-250; amended................................................................. 888
20-2-282; amended................................................................ I110
20-2-942; amended................................................................ 2188
20-2-1074; amended............................................................... I88
Title 20, Chapter 3; amended..................................................... I88
20-3-475; enacted.............................................................. 1860
Title 20, Chapter 7; amended...................................................... 4
20- 8-5; enacted..............................................................
Title 21; amended ............................................................... 1612
Title 21, Chapter 2; amended..................................................... *282
21- 2-72; amended............................................................... ^8^
21-2-98; amended................................................................. *8
2724
INDEX
21-2-131; amended.............................................................. 897
21-2-211; amended.............................................................. 850
21-2-218; amended............................................................. 442
21-2-241; amended............................................................. 888
Title 21, Chapter 3; amended .................................................. 4870
21-4-6; amended.............................................................. 1853
21-4-7; amended . ........................................................... 1653
24-9-2; amended................................................................ H81
24-9-40; amended.............................................................. 1817
24- 10-27; amended............................................................ 882
Title 25, Chapter 2; amended................................................... 479
25- 2-33.1; enacted...................................................... 182
25-4-8; amended................................................................ 889
Title 25, Chapter 6; amended................................................. 855
25- 9-2; amended............................................................. 1511
Title 25, Chapter 11; enacted................................................ 1212
26- 2-88; amended........................................................ 880
Title 26, Chapter 4; amended................................................. 1156
26-4-2; amended............................................................... 1264
26-4-101; amended............................................................. 2403
26- 4-112; amended .......................................................... 2403
Title 27; amended ........................................................ 1629, 1729
27- 3-15; amended .. ........................................................ 1263
27-3-19; amended.............................................................. 1618
27- 3-63; amended............................................................. 988
Title 27, Chapter 4; amended................................................... HH
28- 5-42; amended.......................................................... 1116
28-5-43; amended.............................................................. 1116
28- 5-85; enacted........................................................... 930
Title 29, Chapter 5; amended................................................... 186
29- 5-6; amended......................................................... 1221
Title 30^ Chapter 2; amended................................................... 830
31-2-4; amended .............................................................. *882
31-3-2; amended................................................................ 506
31-5-20; amended.............................................................. 1667
31-5-21; amended............................................................ 1661
31-7-1; amended................................................................ 864
31-7-9; amended............................................................... 1249
31-7-75; amended............................................................. H2
Title 31, Chapter 10; amended................................................. 723
31-11-8; amended............................................................... 692
31-12-2; amended........................................................... 1077
Title 31, Chapter 22; amended................................................. 1881
31-22-3; amended............................................................. 2376
Title 31, Chapter 23; amended................................................. 1489
Title 31, Chapter 30; enacted................................................ 2321
Title 33; amended ...................................................615, 650, 1678
Title 33, Chapter 3; amended.................................................. 1244
33-7-11.1; enacted............................................................. 82
33-7-15; amended.............................................................. I624
Title 33, Chapter 9; amended................................................... 644
INDEX
2725
33-11-25.1; enacted............................................................. 1217
33-11-36; amended............................................................... 1199
33-16-13; amended................................................................ 856
33-18-25; amended............................................................... 1199
33-19-17; amended............................................................... 1199
33-22-16; amended............................................................... 1054
33- 27-2; amended.............................................................. 822
Title 33, Chapter 34; amended.................................................. 1234
34- 2-14; enacted............................................................. 1093
34- 2-15; enacted............................................................. 1093
Title 34, Chapter 8; amended................................................... 1023
Title 34, Chapter 9; amended..........................................644, 2360, 2485
35- 3-3Q; amended............................................................. 952
35-3-33; amended.............................................................. 952
Title 35, Chapter 8; amended.................................................... 2478
35- 9-15; enacted............................................................. 1089
36- 2-2; enacted.............................................................. 825
36-5-23; enacted............................................................533; 588
36-15-7; amended................................................................ 1103
36-15-9; amended................................................................ H03
36-15-9; enacted............................................................... 520
36-15-9(c); enacted.................................... ........................ 591
36-15-12; enacted............................................................... 586
36-30-12; amended........................................................... HH
Title 36, Chapter 39; amended.................................................... 502
Title 36, Chapter 62; amended................................................... 1106
Title 36, Chapter 62A; enacted.................................................. 1126
36-80-15; enacted................................................................ 853
36- 82-122; amended........................................................... 13
Title 37; amended ............................................................... 957
37- 8-53; amended............................................................ 185
Title 40, Chapter 2; amended.................................................... 1584
40-2-28; amended................................................................. 9*
40-2-74; amended................................................................ m
40-2-90; amended................................................................. 15
Title 40, Chapter 3; amended................................................ ^03
40-3-24; amended................................................................. H4
40-3-35; amended................................................................ '7
40-5-57; amended................................................................ I33
40-5-58; amended................................................................. 7
40-5-63; amended................................................................ I4
40-6-181; amended............................................................... 1590
40-6-376; amended.............................................................. I4
40-6-393; amended.................................................................. ^
40-9-103; amended............................................................... 1624
40-11-5; amended................................................................ 1650
40-20-2; amended................................................................. 3
Title 42, Chapter 5; amended ................................................... I4
42-5-2; amended................................................................. I4
42-6-1; amended................................................................. 1373
Title 42, Chapter 8; amended................................................1557, 1807
2726
INDEX
42-8-35.1; amended ........................................................... 1097
42-8-35.1; enacted............................................................ 2283
42-8-43.1; enacted............................................................. 1605
42- 9-60; enacted.......................................................... 1356
Title 43; amended .............................................................. 430
43- 3-38; amended............................................................. 1782
Title 43, Chapter 4; amended................................................... 1019
43-4-14; amended................................................................ 903
Title 43, Chapter 7; amended................................................... 1597
Title 43, Chapter 9; amended................................................... 2333
Title 43, Chapter 11; amended.................................................. 1056
Title 43, Chapter 15; amended.................................................. 2271
43-15-23; amended............................................................. 2269
43-15-24; amended.............................................................. 2483
43-15-31; amended.............................................................. 2308
Title 43, Chapter 17; amended.................................................. 922
Title 43, Chapter 23; amended.................................................. 2378
Title 43, Chapter 24; amended.................................................. 1493
43-26-4; amended............................................................... 2500
43-26-13; amended.............................................................. 2500
43-26-39; amended.............................................................. 2222
Title 43, Chapter 28; amended.................................................. 2224
Title 43, Chapter 30; amended.................................................. 1278
Title 43, Chapter 33; amended.................................................. 1416
Title 43, Chapter 34; amended.................................................. 2266
43-34-103; amended............................................................. 1148
Title 43, Chapter 35; amended.................................................. 1621
43-36-16; amended.............................................................. 1582
Title 43, Chapter 37; amended.................................................. 1504
43-39-1; amended............................................................... 1589
Title 43, Chapter 40; amended................................................ 1001
Title 43, Chapter 42; amended.................................................. 1644
43-42-5.1; enacted.............................................................. 798
43- 47-16; amended............................................................. 834
Title 43, Chapter 50; amended.................................................. 1065
Title 44, Chapter 3; amended................................................. 1431
44- 7-50; amended............................................................. 1228
44-7-51; amended............................................................... 1228
44-7-53; amended............................................................... 1134
44-7-54; amended............................................................... 1134
44-7-72; amended............................................................... 1134
44-10-2; amended............................................................. 1227
44-12-214; amended............................................................. 1787
Title 44, Chapter 14; amended................................................... 915
44-14-361; amended............................................................. 1144
44-14-411; amended.............................................................. 920
44- 14-530; amended........................................................... 1144
45- 4-2; amended.............................................................. 1779
45-7-4; amended.............................................................. 1255
45-12-93; amended.............................................................. 1288
45-16-36; amended............................................................... 718
INDEX
2727
45-16-45; amended........ ......................................... ............. 959
45-17-5; amended................................................... ............. 1106
45-17-6; amended................................................................. 1106
45-19-46; enacted................................................................ 1253
Title 45, Chapter 20; amended................................................ 2274
45-20-2; amended................................................................. 1251
45- 20-8; amended............................................................. 1245
46- 1-1; amended............................................................ 410, 827
46-2-10; amended............................................................... 1063
46-2-41; amended............................................................... 1174
Title 46, Chapter 3; amended................................................... 412
46-3-11; amended............................................................... 1686
46- 8-232; amended............................................................ 1183
Title 47, Chapter 2; amended................................................ 1163
47- 3-1; amended........................................................... 684, 965
47-3-23; amended................................................................. 978
47-3-42; amended.................................................................. 975
47-3-63; amended.................................................................. 965
47-3-66; amended............................................................... 1610
47-3-87.1; amended .................................................... 1192
47-3-89; amended...................................................' . .......... 1095
47-4-40; amended.................................................................. 965
47-8-1; amended................................................................. 497
Title 47, Chapter 9; amended.................................................. 1568
47-9-74; amended................................................................. 497
47-10-40; amended................................................................. 961
Title 47, Chapter 11; amended.............................................. 2207
47-14-40; amended................................................................ 1273
47-14-77; amended................................................................ 1273
47-16-24; amended............................................................... 1060
47-16-26; amended................................................................ 925
47-16-103; amended............................................................... 1607
47-17-81; amended................................................................ 2367
47- 17-82; amended............................................................. 2362
48- 3-9; amended............................................................... 1184
48-3-10; amended................................................................. 1184
Title 48, Chapter 5; amended................................................... 575
48-5-18; amended.......................................................537, 999, 1108
48-5-24; amended............................................................... 936
48-5-30; enacted............................................................. 595, 2382
48-5-45; amended............................................................... 1108
48-5-45; repealed................................................................. 531
48-5-48.1; enacted................................................................ HOI
48-5-100.1; enacted............................................................... 543
48-5-137; amended................................................................. 999
48-5-161; amended............................................................... 1114
48-5-180; amended................................................................. 996
48-5-183; amended................................................................ 2244
48-5-404; amended................................................................ 1853
48-5-405; amended.............................................................. 996
48-7-29.1; enacted............................................................... 2497
2728
INDEX
48- 10-3.1; enacted.......................................................... 422
49- 2-7; amended........................................................... 823
49-3-8; amended............................................................... 881
Title 49, Chapter 4; amended................................................ 2248
49-4-3; amended............................................................... 883
49-4-17.1; enacted.......................................................... 1281
49-4-149.1; enacted........................................................... 824
Title 49, Chapter 5; amended................................................. 706
49-5-19; amended............................................................. 1120
49-8-7; enacted............................................................. 1285
49- 9-1; amended............................................................. 833
50- 2-23.1; enacted........................................................ 1867
50-3-4.1; enacted............................................................. 812
50-5-3; amended.................................................... ........ 843
Title 50, Chapter 8; amended................................................. 2310
50-11-10; amended............................................................. 702
Title 50, Chapter 12; amended................................................ 1182
50-13-15; amended............................................................. 871
Title 50, Chapter 14; amended................................................ 1810
50-16-43; amended............................................................. 857
Title 50, Chapter 18; amended........................................... 892, 1789
50-18-31; amended............................................................. 702
Title 50, Chapter 21; enacted................................................ 2261
50- 21-1; enacted............................................................ 495
Title 51, Chapter 1; amended................................................ 2495
51- 1-30; amended.......................................................... 1150
51-1-36; enacted............................................................ 1283
51-2-3; amended............................................................... 849
51- 11-8; amended.......................................................... 2211
52- 7-13; amended............................................................ 873
COURTS
SUPREME COURT
Costs, affidavits of indigence................................................ H8
Publication of reports........................................................ 892
COURT OF APPEALS
Costs, affidavits of indigence............................................... 1186
Publication of reports........................................................ 892
SUPERIOR COURTS
Alcovy Circuit; court reporters compensation................................. 538
Atlantic Circuit; additional judge............................................ 428
Chattahoochee Circuit; terms in Taylor County................................. 536
Clerks compensation......................................................... 1180
Clerks compensation in certain counties (32,300-32,800)..................... 4536
Clerks Retirement System Act amended............................. 1273
Clerks, vacancies............................................................. 877
Cobb Circuit; additional judge ............................................... 434
Cordele Circuit; additional judge............................................. 501
INDEX
2729
Distribution of Appellate Court Reports, Ga. Laws, etc....... ................. 702
District Attorneys; compensation in certain counties (18,200-18,900) .......... 581
District Attorneys; compensation in certain counties (19,200-19,400)........... 581
Dublin Circuit; grand juries................................. ................. *4'
Fees for filing financing statements........................................... 879
Griffin Circuit; judges compensation.......................................... 596
Gwinnett Circuit; additional judge............................................. 436
Judges Retirement System Act amended....................................497, 1568
Jury clerks in certain counties (175,000-185,000).............................. 548
Lookout Mountain Circuit; court reporters salary.............................. 526
Piedmont Circuit; compensation of judge........................................ 523
Piedmont Circuit; judges supplement from Banks County........................ 582
Punishment for contempt....................................................... 974
Rockdale Circuit; created................................................... 439
Rome Circuit; additional judge................................................ 501
Rome Circuit; grand jury...................................................... 534
Secretaries of judges and district attorneys................................ I486
Sentence review panels, etc.. ................................................. 4371
Southwestern Circuit; terms in Sumter County................................... 546
Stone Mountain Circuit; Rockdale Circuit created............. fess:.......... 439
Storage of records by clerks in certain counties (550,000 or more) ............ 3857
Whitfield; judge to sit as juvenile court judge................................ 509
CIVIL COURTS
Richmond County; costs, etc.................................................. 3738
JUVENILE COURTS
Judges compensation in certain counties (190,000-210,000)...................... 4382
Juvenile Court Code amended ............................................ 1871, 2199
PROBATE COURTS
Appointment of guardians ad litem.............................................. 796
Disposition of fines, etc. in certain counties (13,700-13,900) (15,200-15,400). 4581
Executive Probate Judges Council of Georgia.................................... 1612
Fees in certain counties (25,400-25,900)...................................... 552
Judges compensation in certain counties (190,000-210,000) .................. 4382
Judges retirement............................................................ 2207
Judges salaries in certain counties (550,000 or more)........................ 3626
Judges training.............................................................. 682
Jurisdiction ................................................................. 1502
Jurisdiction, controversies relating to legitimate children................... 1369
Records....................................................................... 1011
Vacancies in certain counties (160,000-169,000) ........................ 544, 4303
STATE COURTS
Clarke County; Act amended.................................................... 4071
Clayton County; compensation of judge and solicitor........................... 4481
Clerks compensation.......................................................... H80
Cobb County; accusations...................................................... 3725
Cobb County; additional judge................................................. 3610
2730
INDEX
Cobb County; assistant solicitors........................................... 3763
Cobb County; compensation of chief deputy clerk.............................. 4107
Cobb County; court costs................................................... 4166
Cobb County; magistrates .............................................. 3621
Coweta County; compensation of judge and solicitors.......................... 3508
DeKalb County; agency to provide legal services to the poor.................. 4162
DeKalb County; transfer of cases from superior court......................... 4322
Dougherty County; judges compensation........................................ 3562
Effingham County; salaries of judge and solicitor............................ 2938
Glynn County; compensation of personnel, etc................................. 4633
Hall County; compensation of judge and solicitor............................. 3852
Judges compensation in certain counties (190,000-210,000) .................. 4382
Macon County; compensation of judge and solicitor............................ 4063
Polk County; abolished....................................................... 4537
Retired judges may perform marriage ceremonies............................... 1287
Terms in certain counties (350,000-500,000) ................................. 518
Troup County; judge and solicitors compensation............................. 4350
Washington County; compensation of judge and solicitor ...................... 4103
COUNTIES AND COUNTY MATTERS
NAMED COUNTIES
Appling; board of commissioners, referendum.................................. 4642
Baldwin; land conveyance to board of education............................... 1315
Baldwin; small claims court Act amended...................................... 3803
Banks; compensation of tax commission .. .................................... 3897
Banks; superior court judges supplement..................................... 582
Bartow; board of education, referendum........................................ 4589
Bartow; compensation of board of education, referendum....................... 4584
Bartow; superintendent of schools, referendum ............................... 4586
Ben Hill; city-county development authority Act amended...................... 4859
Bibb; board of education and orphanage, purchase and sale of property........ 5049
Bibb; board of education districts, referendum............................... 4625
Bibb; board of public education and orphanage, referendum.................... 4406
Bibb; city-county water and sewerage authority, employees
pension plan amended..................................................... 4157
Bibb; commissioner districts, etc............................................. 3728
Bibb; transit authority Act of 1980 amended.................................. 4339
Bibb; water and sewerage authority Act amended........................... 4255, 4409
Bleckley; election of members of board of education, proposed amendment
to the Constitution...................................................... 2669
Brooks; fire protection districts............................................. 4038
Bryan; members of board of commissioners, referendum......................... 4270
Bryan; office of treasurer abolished, referendum ............................ 4285
Bulloch; compensation of clerk of probate court............................ 4497
Bulloch; compensation of clerks of board of commissioners ................. 4493
Bulloch; compensation of employees of clerk of superior court ............. 3947
Bulloch; compensation of sheriffs deputies, etc............................ 3950
Bulloch; compensation of tax commisioners employees....................... 3943
Bulloch; small claims court Act amended...................................... 4832
Burke; compensation of coroner................................................ 4439
INDEX
2731
Burke; small claims court Act amended........................................ 4428
Butts; land conveyance....................................................... 2197
Butts; quitclaim.............................................................. 1349
Butts; terms of board of commissioners........................................ 4790
Calhoun; small claims court.................................................. 3503
Camden; homestead exemptions, proposed amendment to the Constitution......... 2586
Catoosa; compensation of tax commissioners clerical assistants.............. 4618
Catoosa; fiscal administration of sheriffs office............................ 5114
Catoosa; hospital authority Act amended, members ............................ 4531
Charlton; compensation of tax commissioner.................................... 3929
Charlton; land conveyance..................................................... 1339
Chatham; city-county school system, districts................................ 4139
Chatham; compensation of clerk of probate court................ ............. 4138
Chattahoochee; compensation of board of commissioners........................ 4510
Chattooga; disposal of county property........................................ 4085
Chattooga; sales tax for educational purposes, proposed amendment
to the Constitution...................................................... 2675
Cherokee; board of education, referendum..................................... 3602
Cherokee; compensation of county commissioner................................ 4484
Cherokee; compensation of named officers..................................... 4578
Clarke; appeals from magistrates court....................................... 4068
Clarke; members of hospital authority, etc................................... 3705
Clarke; state court Act amended ............................................. 4071
Clayton; civil service system Act amended.................................... 3723
Clayton; compenastion of chairman of board of commissioners................... 4473
Clayton; compensation of judge and solicitor of state court................... 4481
Clayton; compensation of judge of probate court............................... 4476
Clayton; compensation of sheriff and clerk of superior court, etc............. 4478
Clayton; members of board of education, referendum........................... 4431
Clayton; tax commisioners compensation, etc................................. 4471
Clayton; water authority Act amended......................................... 3721
Cobb; additional judge of state court........................................ 3610
Cobb; assistant solicitors of State Court.................................... 3763
Cobb; board of commissioners, meetings, etc.................................. 4111
Cobb; civil service board members, etc....................................... 4074
Cobb; commissioner districts................................................. 4550
Cobb; compensation of chief deputy clerk of state court....................... 4107
Cobb; justices of the peace, proposed amendment to the Constitution........... 2615
Cobb; meetings of board of education......................................... 4066
Cobb; South Cobb Development Authority Act................................... 3772
Cobb; state court, accusations................................................ 3725
Cobb; state court court costs................................................. 4166
Cobb; state court magistrates................................................. 3621
Colquitt; Moultrie-Colquitt County Development Authority bonds,
proposed amendment to the Constitution ................................. 2578
Colquitt; tax for emergency medical services, proposed amendment
to the Constitution...................................................... 2663
Columbia; justices of the peace, proposed amendment to the Constitution. 2575
Cook; election etc. of school superintendent, referendum...................... 3749
Coweta; compensation of judge and solicitors of State court.................. 3508
2732
INDEX
Crisp; Crisp County-Cordele Industrial Authority, members, proposed
amendment to the Constitution................................. ........... 2570
Crisp; homestead exemptions, proposed amendment to the Constitution............ 2564
Crisp; small claims court Act amended.......................................... 4193
Dade; compensation of deputies of clerk of superior court...................... 4417
Dade; compensation of probate court deputies, etc.............................. 4414
Dade; compensation of tax commissioners personnel............................. 4419
Dade; hospital authority Act amended, members.................................. 4531
Dawson; deputy clerk of superior court, clerk of probate court, salaries ...... 3616
Decatur; small claims court Act amended........................................ 4334
DeKalb; agency to provide legal services for the poor in State Court........... 4162
DeKalb; commissioner districts................................................. 4235
DeKalb; community college, referendum ......................................... 4239
DeKalb; election districts, etc. .............................................. 4325
DeKalb; election of probate court judge........................................ 4131
DeKalb; homestead exemptions, proposed amendment to
the Constitution..................................................... 2657, 2659
DeKalb; justices of the peace, proposed amendment to the Constitution ......... 2573
DeKalb; recorders court deputy clerks......................................... 4599
DeKalb; school board districts, etc............................................ 3797
DeKalb; special services tax districts......................................... 4396
DeKalb; transfer of cases from superior court to state court ..................,. 4322
Dodge; compensation of named officers and officials............................ 4031
Dooly; small claims court Act amended.......................................... 3885
Dougherty; commission districts ............................................... 3519
Dougherty; state court judges compensation.................................... 3562
Douglas; board of education districts, referendum.............................. 4786
Douglas; magistrates court ................................................... 4659
Early; compensation of board of commissioners ................................. 3846
Effingham; homestead exemptions, proposed amendment to the Constitution .... 2634
Effingham; salaries of judge and solicitor of state court...................... 3938
Elbert; small claims court Act amended......................................... 4009
Emanuel; board of education, referendum............................ ........... 4049
Emanuel; clerk of superior court placed on salary basis........................ 4794
Emanuel; development authority Act amended..................................... 4861
Fayette; small claims court Act amended........................................ 3923
Floyd; election of judge of juvenile court..................................... 4190
Forsyth; purchases by county authorities....................................... 4792
Franklin; board of education and superintendent, referendum.................... 3753
Fulton; ad valorem tax exemptions, proposed amendment
to the Constitution....................... ................... ...... 2645, 2647
Fulton; board of commissioners ................................................ 4148
Fulton; building authority, proposed amendment to the Constitution ............ 2613
Fulton; chief clerk of probate court........................................... 4392
Fulton; county-wide Library system ............................................ 4174
Fulton; municipal recreational programs, proposed amendment to
the Constitution........................................................... 2504
Fulton; pension system Act amended.............................................. 4829
Fulton; personnel board, etc.................................................... 4896
Glynn; board of commissioners................................................... 4570
Glynn; city-county charter commission, time in which to complete work........... 4087
INDEX
2733
Glynn; compensation of clerk of superior court and personnel................. 5046
Glynn; compensation of sheriff, etc.......................................... 3881
Glynn; compensation of tax commissioner, etc................................. 3870
Glynn; Glynn-Brunswick Hospital Authority, members .......................... 5051
Glynn; juvenile court judges salary......................................... 4548
Glynn; magistrates court.................................................... 5096
Glynn; ordinances, proposed amendment to the Constitution.................... 2637
Glynn; state court personnel, etc............................................ 4633
Gwinnett; airport authority Act amended ..................................... 4544
Gwinnett; board of education, referendum..................................... 3510
Gwinnett; building authority Act amended..................................... 4546
Gwinnett; public facilities authority Act amended............................ 4672
Gwinnett; recreation authority Act amended................................... 4674
Gwinnett; water and sewerage authority Act amended........................... 4670
Habersham; land conveyance to board of education............................. 1309
Habersham; sales tax for educational purposes, proposed amendment
to the Constitution...................................................... 2566
Habersham; tax commissioners.................................................. 3702
Hall; city-county development authority Act amended.......................... 4300
Hall; compensation of judge and solicitor of State Court..................... 3852
Hancock; compensation of judge of probate court and clerk of
superior court, etc...................................................... 3866
Hancock; compensation of tax commissioner, etc............................... 3864
Hancock; small claims court Act amended...................................... 3787
Haralson; compensation of county commissioner................................. 3700
Haralson; members of board of education, referendum.......................... 4523
Haralson; sheriffs compensation.............................................. 4604
Hart; tax commissioner placed on salary basis................................ 3736
Heard; small claims court..................................................... 4199
Henry; ad valorem tax exemption, proposed amendment to the Constitution...... 2609
Henry; board of commissioners Act amended.................................... 4094
Henry; development authority Act amended...................................... 4078
Henry; election districts, etc................................................ 3638
Henry; homestead exemptions, proposed amendment
to the Constitution............................................2515, 2517, 2519
Henry; small claims court Act amended........................................ 3733
Henry; water and sewerage authority Act amended.............................. 4081
Houston; ad valorem taxes for educational purposes, proposed
amendment to the Constitution............................................ 2601
Houston; sales tax for educational purposes, proposed amendment
to the Constitution...................................................... 2600
Irwin; compensation of clerk and secretary of board of commissioners ........ 4057
Irwin; compensation of deputy sheriffs........................................ 4055
Jackson; merger of school districts, referendum.............................. 4012
Jefferson; ad valorem taxation, proposed amendment to the Constitution....... 2588
Jenkins; small claims court Act amended...................................... 4450
Lamar; compensatin of tax commissioner....................................... 4491
Lamar; coroner placed on salary basis ....................................... 4489
Laurens; compensation of tax commissioner..................................... 4109
Laurens; sheriffs compensation .............................................. 4469
Laurens; small claims court Act amended...................................... 4197
2734
INDEX
Lincoln; chairmen of board of commissioners.................................. 4092
Lincoln; compensation of tax commissioner.................................... 4517
Lowndes; board of commissioners, referendum.................................. 3582
Lowndes; business licenses, proposed amendment to the Constitution........... 2593
Lowndes; jurisdiction of small claims court.................................. 3619
Lowndes; justices of the peace, proposed amendment to the Constitution ...... 2592
Lowndes; street improvement bonds, proposed amendment
to the Constitution..................................................... 2649
Lumpkin; board of education, referendum...................................... 4277
Lumpkin; compensation of county commissioner................................. 3859
Lumpkin; compensation of judge of probate court and clerk of superior court . . 4006
Lumpkin; compensation of tax commissioner.................................... 4001
Lumpkin; sheriffs compensation .............................................. 4003
Lumpkin; superintendent of schools, referendum............................... 4274
Macon; compensation of judge and solicitor of state court.................... 4063
Marion; compensation of board of commissioners............................... 4640
Meriwether; justices of the peace, proposed amendment to the Constitution.... 2582
Miller; compensation of board of commissioners............................... 4247
Mitchell, sales tax for educational purposes, proposed amendment
to the Constitution..................................................... 2643
Montgomery; board of commissioners, districts, etc........................... 4115
Morgan; board of commissioners election districts............................ 4184
Morgan; coroners salary..................................................... 3766
Morgan; small claims court Act amended ...................................... 3768
Newton; homestead exemptions, proposed amendment to the Constitution ........ 2640
Newton; jurisdiction of probate court....................................... 4441
Newton; land conveyance...................................................... 1341
Oconee; public utility authority Act amended................................. 4568
Paulding; compensation of tax commissioner .................................. 4232
Paulding; homestead exemption for educational purposes, proposed
amendment to the Constitution........................................... 2511
Pickens; compensation of clerk of superior court............................. 4503
Pickens; compensation of county commissioners ............................... 4501
Pickens; compensation of judge of probate court.............................. 4506
Pickens, compensation of sheriff............................................. 4508
Pickens; compensation of tax commissioner.................................... 4505
Pierce; school board and superintendent, referendum.......................... 4649
Pierce; school district homestead exemptions, proposed amendment
to the Constitution..................................................... 2584
Pike; compensation of clerk of superior court................................ 4230
Pike; compensation of probate court judge.................................... 4223
Pike; compensation of tax commissioner ...................................... 4225
Pike; sheriffs compensation.................................................. 4221
Pike; small claims court Act amended ........................................ 4218
Polk; compensation of board of commissioners................................. 4216
Polk; deputy sheriffs........................................................ 4668
Polk; jurisdiction of justices of the peace, proposed amendment
to the Constitution..................................................... 2513
Polk; state court abolished.................................................. 4537
Pulaski; county-city development authority members........................... 4209
INDEX
2735
Pulaski; election of members of board of education, proposed
amendment to the Constitution............................................. 2664
Pulaski; school superintendent, referendum..................................... 4638
Putnam; coroners salary ...................................................... 3844
Putnam; small claims court created....................................... 3899, 4258
Rabun; compensation of tax commissioner................. ..................... 4293
Rabun; sales tax for educational purposes, proposed amendment
to the Constitution...................................................... 2522
Richmond; civil court costs, etc.............................................. 3738
Richmond; compensation of named officials .................................... 3941
Richmond; merit system advisory commission ................................... 5070
Richmond; merit system for sheriffs employees, proposed
amendment to the Constitution............................................ 2639
Rockdale; hoard of commissioners, compensation................................ 4845
Rockdale; clerk of superior court, compensation............................... 4847
Rockdale; coroners compensation ............................................ 4843
Rockdale; magistrates court.................................................. 4040
Rockdale; probate court judges compensation.................................. 4839
Rockdale; public defenders compensation...................................... 4867
Rockdale; sheriffs compensation .............................................. 4841
Rockdale; tax commissioners compensation .................................... 4837
Schley; justices of the peace, proposed amendment to the Constitution ........ 2598
Screven; ad valorem tax exemptions, proposed
amendment to the Constitution............................................ 2635
Seminole; compensation of clerk of superior court............................. 3848
Seminole; sheriffs compensation .............................................. 4665
Spalding; election of members of Griffin-Spalding County Board of Education,
proposed amendment to the Constitution .................................. 2680
Spalding; sales tax to finance public facilites, etc., proposed
amendment to the Constitution............................................ 2677
Spalding; small claims court Act amended...................................... 4864
Spalding; water and sewerage facilities authority Act......................... 4987
Stewart; compensation of county commissioners ................................. 3890
Stewart; compensation of deputy sheriff........................................ 4512
Sumter; sheriffs salary........................................................ 3612
Sumter; small claims court Act amended......................................... 3919
Sumter; superior court terms.................................................... 546
Sumter; tax commissioners salary.............................................. 3614
Taylor; probate court personnel................................................ 4621
Taylor; superior court clerks personnel....................................... 4623
Taylor; superior court terms.................................................... 536
Telfair; board of education, terms, vacancies, etc............................ 3854
Terrell; small claims court Act amended....................................... 3913
Terrell; tax commissioners compensation ...................................... 4443
Tift; charter commission proposed amendment to the Constitution............... 2557
Towns; sales tax for educational purposes, proposed amendment
to the Constitution....................................................... 2540
Troup; compensation of judge and solicitor of state court..................... 4350
Troup; coroners compensation.................................................. 4348
Troup; Mountville Water Authority Act.......................................... 4452
Troup; salaries of named officials............................................. 4342
2736
INDEX
Troup; small claims court Act amended....................................... 4345
Twiggs; board of education members, referendum.............................. 3627
Twiggs; compensation of board of commissioners.............................. 3689
Twiggs; compensation of clerk of superior court, etc......................... 3680
Twiggs; compensation of judge of probate court, etc.......................... 3696
Twiggs; compensation of tax commissioners, etc.............................. 3692
Twiggs; election of board of commissioners, etc............................. 3632
Twiggs; sheriffs compensation, etc.......................................... 3684
Union; clerk of superior court placed on salary basis........................ 3568
Union; judge of probate court placed on salary basis......................... 3573
Union; sales tax for educational purposes, proposed amendment
to the Constitution.................................................... 2507
Union; sheriff placed on salary basis....................................... 3575
Union; tax commissioners placed on salary basis............................. 3564
Upson; city county board of tax assessors Act amended ...................... 4228
Upson; compensation of board of commissioners............................... 4616
Upson; Thomaston-Upson County Industrial Authority, proposed
amendment to the Constitution............................... .......... 2607
Walker; employees of clerk of superior court................................ 4421
Walker; hospital authority Act amended, members............................. 4531
Walker; small claims court created ......................................... 4926
Walton; business licenses, proposed amendment to the Constitution........... 2655
Walton; small claims court Act amended...................................... 4575
Ware; county manager, proposed amendment to the Constitution................ 2563
Warren; compensation of board of commissioners.............................. 4515
Warren; compensation of deputy clerk of superior court...................... 4061
Warren; compensation of tax commissioners employees ....................... 4214
Washington; compensation of commissioners, purchases, etc................... 4134
Washington; compensation of judge and solicitor of state court.............. 4103
Wayne; board of commissioners, referendum................................... 4717
Wayne; election of board of commissioners, referendum....................... 3789
Webster; commissioners expenses............................................. 3892
Webster; compensation of tax commissioner, etc.............................. 3894
Wheeler; board of education, referendum..................................... 4126
Wheeler; employees of clerk of superior court .............................. 4120
Wheeler; sheriffs employees ................................................. 4122
Wheeler; tax commissioners compensation..................................... 4124
Wheeler; tax commissioners employees........................................ 4118
Whitfield; compensation of clerk of superior court and judge of probate court ... 4288
Whitfield; coroners compensation............................................ 4291
Whitfield; homestead exemptions, proposed amendment to the Constitution..... 2576
Whitfield; judge of superior court to sit as judge of juvenile court........ 509
Whitfield; merit system of personnel administration, proposed
amendment to the Constitution.......................................... 2595
Wilcox; sheriffs salary ................................................... 3590
Worth; board of commissioners, referendum.................................... 3715
COUNTIES AND COUNTY MATTERS BY POPULATION
Board of elections in various counties Act amended.......................... 5040
2,000 or less; compensation of county clerks................................ 4583
2,100-2,300; compensation of county clerks................................... 4583
INDEX
2737
7.500- 7,900; small claims courts ...................... ....................... 4309
8,335-8,725; boards of commissioners............................................. 4852
9,365-9,385; county commissioners, referendum ................................... 4606
10.200- 10,350; boards of commissioners........................................ 4852
10,600-10,900; compensation of coroners.......................................... 585
11,675-11,725; boards of elections................................................ 4465
12.300- 12,400; compensation of county commissioners ............................. 588
13,700-13,900; probate court fines, etc........................................... 4581
14.000- 15,000; sheriffs compensation........................................... 4615
14,486-14,540; alcoholic beverages................................................. 592
15.200- 15,400; closing of tax books............................................. 999
15,200-15,400; coroners compensation............................................. 590
15.200- 15,400; probate court fines, etc. .................................... 4581
18.000- 18,100; sheriffs compensation.......................................... 4615
18.200- 18,300; election boards................................................ 4208
18.200- 18,900; compensation of district attorneys.............................. 581
18.500- 19,000; boards of education........................................... 589
19.200- 19,400; compensation of district attorneys............................... 581
19.200- 19,400; election boards................................................. 4208
19.500- 19,700; small claims courts ............................................ 4427
20,900-21,200; boards of education............................................... 589
20,900-21,200; small claims courts . ............................................. 4427
21,800-22,000; compensation of county commissioners .............................. 4522
22,312-22,825; election boards.................................................. 4331
22,320-22,500; coroners compensation............................................ 4060
25,100-25,400; tax returns....................................................... 537
26.200- 27,000; law libraries......................................... ........ 520
26,290-27,280; compensation of county commissioners .............................. 4196
29.200- 30,000; compensation of county commissioners .......................... 4196
32.300- 32,800; compensation of clerks of superior court ....................... 4536
32.500- 32,800; alcoholic beverages.............................................. 511
34.000- 34,500; boards of education............................................ 334
34.000- 34,500; homestead exemptions............................................. 531
37.200- 38,400; alcoholic beverages.............................................. 582
40.000- 40,700; election boards................................................ 4331
51.000- 55,110; boards of elections............................................. 4530
55.110- 56,000; boards of elections............................................ 4353
55.110- 58,000; coroners compensation.......................................... 4831
56,400-60,000; compensation of county commissioners ............................. 533
60.000- 65,000; boards of education............................................. 4195
60.000- 67,000; boards of elections............................................ 4539
63.000- 72,000; revenue.......................................................... 575
66.000- 73,000; boards of elections......................................... 4305
66.000- 74,000; boards of elections............................................. 4353
66.000- 74,000; coroners compensation.......................................... 4831
69.000- 75,000; alcoholic beverage Code amended 1855
70.000 or more; special purpose grand juries................................... 541
76.000- 79,000; boards of education............................................ 4195
90.000- 140,000; duties of tax collectors, etc................................. 998
100.000 or more; fire safety standards......................................... 479
100.000- 150,000; ad valorem taxes............................................. 595
2738
INDEX
110.000- 130,000; housing authorities ........................................ 1087
145.000- 165,000; boards of elections......................................... 4321
150,300-155,000; duties of tax collectors, etc................................. 996
158.000- 168,000; boards of elections......................................... 4305
160.000- 169,000; vacancies in office of probate court judge.................. 4303
160.000- 169,000; vacancies in office of tax commissioner ..................... 543
170.000- 195,000; alcoholic beverages.......................................... 521
170.000- 275,000; alcoholic beverages.......................................... 521
175.000- 185,000; boards of elections......................................... 4321
175.000- 185,000; jury clerks.................................................. 548
175.000- 195,000; boards of education......................................... 3940
180.000- 190,000; judges of recorders courts................................. 4500
190.000- 210,000; compensation of named officers.............................. 4382
200.000 or more; compensation of poll officers............................... 513
200.000- 250,000; boards of education......................................... 3940
200.000- 275,000; law libraries............................................... 591
200.000- 550,000; sale of alcoholic beverages................................. 1768
210.000- 450,000; education security personnel................................ 515
250.000- 400,000; members of boards of health ................................ 506
250.000- 400,000; tax due dates .............................................. 936
295.000- 300,000; sale of alcoholic beverages................................. 1768
300.000 or more; law libraries............................................... 586
360.000- 500,000; fees for collecting school taxes............................ 1853
350.000- 500,000; sale of alcoholic beverages................................. 1768
350,000-500,000; state court terms............................................. 518
400.000 or more; authority to close streets.................................. 1177
400.000 or more; deposits of cash bonds by sheriffs ......................... 991
500.000 or more; countywide library systems, proposed amendment
to the Constitution........................................................ 2547
More than 500,000; compensation of boards of commissioners..................... 5100
550.000 or more; Act creating building authorities amended................... 5031
550,000 or more; housing authorities members.................................. 504
550,000 or more; part of state-wide probation system........................ 5099
550,000 or more; salaries of probate court judges........................... 3626
550,000 or more; storage of records by clerks of superior courts............ 3851
COUNTY MATTERSHOME RULE AMENDMENTS
Charlton; commission meetings................................................... 5120
DeKalb; board of commissioners ................................................. 5127
DeKalb; merit system............................................................ 5123
Floyd; board of commissioners................................................... 5133
Gwinnett, bids.................................................................. 5139
Jeff Davis; sale, etc. of malt beverages, etc.................................. 5142
Laurens; board of commissioners................................................. 5166
MUNICIPAL CORPORATIONS
NAMED CITIES
Alpharetta; corporate limits.................................................... 4540
Athens; appeals from magistrates court......................................... 4068
INDEX
2739
Atlanta; ad valorem tax exemptions, proposed amendment
to the Constitution.................................................. 2645, 2647
Atlanta; board of education.................................................... 3931
Atlanta; corporate limits...................................................... 4181
Atlanta; duties of president of council........................................ 3595
Atlanta; group insurance board authority Act repealed.......................... 4283
Atlanta; members of board of education ........................................ 3607
Atlanta; municipal court court costs............................................ 4154
Augusta; ad valorem tax exemptions, proposed amendment
to the Constitution........................................................ 2616
Augusta; ordinances............................................................ 4834
Augusta; redevelopment authority Act amended .................................. 4596
Avondale; corporate limits...................................................... 4402
Baxley; homestead exemptions; proposed amendment to the Constitution........... 2653
Baxley; new charter............................................................ 4725
Bloomingdale; corporate limits................................................. 4298
Bogart; new charter............................................................ 4869
Bremen; corporate limits ...................................................... 4849
Brunswick; city-county charter commission...................................... 4087
Brunswick; Glynn-Brunswick Hospital Authority, members ........................ 5051
Cairo; recorders court......................................................... 4024
Chamblee; homestead exemptions, proposed amendment to the Constitution .... 2542
Chester; corporate limits....................................................... 3916
Claxton; charter amended ...................................................... 4242
Climax; charter amended......................................................... 4853
College Park; homestead exemptions, proposed amendment
to the Constitution........................................................ 2605
Columbus; bonds of municipal court clerk and marshal........................... 4044
Commerce; merger of school districts, referendum................................ 4012
Cordele; Crisp County-Cordele Industrial Authority, proposed
amendment to the Constitution............................................. 2570
Covington; city cable television system......................................... 3920
Covington; homestead exemptions, proposed amendment to the Constitution .... 2568
Dacula; mayor and council members............................................... 4249
Dahlonega; new charter.......................................................... 4354
Dalton; charter amended ........................................................ 5002
Decatur; corporate limits....................................................... 3910
Donalsonville; recorders court ................................................ 3861
Doraville; homestead exemptions, proposed amendment to the Constitution........ 2610
East Point; business and development authority Act amended .................... 4435
East Point; elections, etc...................................................... 3598
Emerson; aldermen .............................................................. 4592
Emerson; terms of mayor and aldermen........................................... 4594
Eton; city court established.................................................... 3578
Fitzgerald; city-county development authority Act amended...................... 4859
Fort Valley; municipal court Act amended ....................................... 4047
Garden City; charter amended.................................................... 4089
Gainesville; city-county development authority Act amended...................... 4300
Griffin; election of members of Griffin-Spalding County Board of education,
proposed amendment to the Constitution .................................... 2680
Grovetown; judge of city court.................................................. 3592
2740
INDEX
Guyton; corporate limits..................................................... 4211
Guyton; new charter ........................................... ............. 3806
Hapeville; development authority, proposed amendment
to the Constitution................................................. 2524, 2618
Hawkinsville; county-city development authority members...................... 4209
Helena; new charter.......................................................... 5072
Hephzibah; new charter....................................................... 4801
Iron City; election of councilmen............................................ 4336
Jefferson; merger of school districts, referendum............................ 4012
Kennesaw; corporate limits ................................................... 4915
LaGrange; board of education.................................................. 4985
LaGrange; corporate limits.................................................... 3745
LaGrange; downtown development authority Act amended.......................... 4251
Lawrenceville; corporate limits.............................................. 4306
Macon; city-county sewerage authority, employees pension plan amended....... 4157
Macon; corporate limits ..................................................... 4781
Macon; pensions of firemen and police, proposed amendment
to the Constitutions..................................................... 2549
Macon; transit authority Act of 1980 amended................................. 4339
Macon; water and sewerage authority Act amended.............................. 4409
Manchester; corporate limits.................................................. 4798
Marietta; board of education.................................................. 4558
Marietta; charter amended..................................................... 4561
Marietta; downtown development authority Act amended......................... 4909
Maxeys; terms of mayor and councilmen......................................... 4042
Milner; elections, etc........................................................ 4486
Molena; new charter........................................................... 4935
Moultrie; Moultrie-Colquitt County Development Authority bonds
proposed amendment to the Constitution .................................. 2578
Mountain Park; new charter.................................................. 3648
Pelham; sales tax for educational purposes, proposed amendment
to the Constitution...................................................... 2643
Perry; redevelopment authority Act repealed................................... 4448
Pine Lake; homestead exemptions, proposed amendment to the Constitution .... 2590
Pooler; charter amended....................................................... 3872
Port Wentworth; corporate limits.............................................. 4445
Poulan; corporate limits ................................................... 4601
Powder Springs; downtown development authority, proposed
amendment to the Constitution............................................ 2505
Register; incorporated........................................................ 3530
Rincon; vacancies in office of mayor or councilperson........................ 3935
Rome; corporate limits........................................................ 4022
Roswell; corporate limits..................................................... 3678
Savannah; city-county school system, districts................................ 4139
Tennille; corporate limits.................................................... 4101
Thomaston; city-county board of tax assessors Act amended.................... 4228
Thomaston; Thomaston-Upson County Industrial Authority, proposed
amendment to the Constitution............................................ 2607
Thunderbolt; corporate limits, referendum .................................... 4295
Tifton; charter commission, proposed amendment to the Constitution............ 2557
INDEX
2741
Trion; sales tax for educational purposes, proposed amendment
to the Constitution..................................................... 2675
Twin City; charter amended................................................... 4520
Tybee Island; corporate limits............................................... 4188
Union City; homestead exemptions, proposed amendment to the Constitution . . 2597
Union City; new charter...................................................... 4676
Valdosta; Central Valdosta Development Authority Act amended................ 4310
Valdosta; charter amended.................................................... 3954
Waycross; land conveyance, referendum........................................ 4611
Waycross; public facilities authority Act repealed.......................... 3925
MUNICIPALITIESBY POPULATION
600 or more; street improvements.............................................. 502
5,150-5,300; compensation of named officials................................. 4046
10,800-11,200; housing authorities members.................................... 507
45.000 or more; fire safety standards...................................... 479
More than 150,000; Act providing for benefits for officers and employees
amended................................................................. 3843
300.000 or more; employees pension plan amended........................... 4385
More than 300,000; pension system Act amended................................ 3887
MUNICIPALITIESHOME RULE AMENDMENTS
Albany; ad valorem taxes..................................................... 5179
Albany; city recorder........................................................ 5182
Albany; general manager ..................................................... 5174
Albany; liens................................................................ 5192
Albany; pension fund ....................................................... 5189
Albany; pension trust....................................................... 5176
Albany; wards................................................................ 5185
Aragon; recorder............................................................. 5268
Atlanta; bureau of civil defense ............................................ 5239
Atlanta; civil service system................................................ 5262
Atlanta; compensation of council............................................. 5228
Atlanta; compensation of president of council ............................... 5233
Atlanta; council districts............................................. 5199, 5213
Atlanta; office of redevelopment............................................. 5266
Atlanta; office of telecommunications........................................ 5250
Atlanta; purchasing.......................................................... 5245
Bogart; personnel plan ...................................................... 5270
Calhoun; compensation........................................................ 5277
Calhoun; pensions............................................................ 5274
Cedartown; city commission................................................... 5280
College Park; pensions ...................................................... 5284
Decatur; elections........................................................... 5287
Griffin; retirement benefits, etc............................................ 5291
Lyons; charter amended....................................................... 5296
Macon; investigations ....................................................... 5306
Macon; pensions............................................................. 5299, 5303
Newnan; pensions............................................................ 5310, 5314
St. Marys; compensation of mayor and council ................................ 5333
Savannah; paving, etc........................................................ 5335
2742
INDEX
Savannah; retirement.................................................... 5340
Tyrone; municipal court................................................. 5347
Waycross; compensation of mayor and council............................. 5351
Waycross; wards......................................................... 5354
RESOLUTIONS AUTHORIZING COMPENSATION
Bradley, John D......................................................... 5065
Collins, Mrs. Sue H..................................................... 3507
Cummings, J. B.......................................................... 5064
Dickey, William ........................................................ 5054
Gordon, K. E............................................................ 5055
Kinard, Bobby L......................................................... 5058
Mann, Arthur............................................................ 5068
Salkin, Mrs. Dora....................................................... 5062
Sikes, Ms. Linda A...................................................... 5063
Tucker, Robert.......................................................... 5056
RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND
EASEMENTS
American Heart Association............................................... 1352
Baldwin County Board of Education........................................ 1315
Butts County....................................................... 1349, 2197
Charlton County Board of Commissioners................................... 1339
Chatham Service Corporation.............................................. 1333
Georgia Easter Seal Society, Inc........................................ 1300
Golden Isles Marina, Inc., easement...................................... 1307
Habersham County Board of Education...................................... 1309
I. T.T. Rajonier, Inc................................................... 1331
J. P. Stevens & Co., Inc................................................ 1305
Newton County............................................................ 1341
Tidwell, James E......................................................... 1336
Union Camp Corporation................................................... 1328
MISCELLANEOUS RESOLUTIONS
Armadillo Olympics Days.................................................. 1319
Bloodworth, William Franklin, bridge designated ........................ 5061
Environments Facilities Study Commission................................. 1346
Federal judges, review of records........................................ 1313
Georgia Coroners Manual designated ...................................... 1345
Georgia-Florida Parkway designated....................................... 1318
Grist, Miller J., bridge designated...................................... 5069
Hargrett, Dr. McKee, bridge designated ................................. 5057
Hazardous Drivers Study Committee ....................................... 2195
Heery-Dickey Regional Youth Development Center named..................... 5066
Holland, Clem, memorial bridge designated ............................... 5060
Joint Children and Youth Study Committee created......................... 1303
Joint Committee on Farm Winery Laws...................................... 1338
Metropolitan Atlanta Rapid Transit Overview Committee.................... 1322
Moss, C. L., parkway designated ......................................... 5059
Motor Vehicle Safety week ............................................... 1317
INDEX
2743
Museum of Art designated................................................... 1355
Resolution urging severer sentences reconfirmed............................ 1327
Richmond County Merit System Advisory Commission........................... 5070
Roosevelt Warm Springs Institute for Rehabilitation........................ 1323
School Finance Study Commission ........................................... 1311
Select Committee on Constitutional Revision extended....................... 1320
Services for the Aged Study Committee...................................... 1342
State Employees Health Benefit Plan....................................... 1325
Statewide Fire Protection Study Committee.................................. 1348
World Federation Resolution of 1446 repealed............................... 1321
2744
INDEX
INDEX
A
ACCOUNTANCY
Public Accountancy Act of 1977 amended .. ..................... 1782
ACTIONS
Actions ex contractu, soveriegn immunity waived. ............. 495
Affidavits of indigence, etc................................... 933
Care owed passengers by operators of motor vehicles ......... 1283
Immunity of school personnel from civil tort liability....... 2495
Liability for emergency health care............................ 692
Limitations on firemens civil liability..................... 1150
Torts relating to compressed gases............................ 2211
ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT
Amended................................................... 776, 1110
Educational facilities......................................... 603
ADMINISTRATIVE PROCEDURE ACT
Hearings by telephonic communications ......................... 871
ADMINISTRATIVE SERVICES, DEPARTMENT OF
Board of Directors of Fiscal Division.......................... 843
ADULTERY
Competency of spouse to testify............................... 1187
AD VALOREM TAXATION^B
Homestead exemptions.......................................... 1108
Prepayment Agreements, etc.................................... 2382
AFFIDAVITS OF INDIGENCE
Contents, etc............................................ 933
AGENT ORANGE
Reports of veterans exposure................................. 2321
AGGRAVATED ASSAULT
Defined....................................................... 1242
AGRICULTURE
Georgia Meat Inspection Act amended ........................... 980
Irrigation systems, anti-syphon devices....................... 1232
Livestock dealers and market operators........................ 1804
Tractors and farm equipment, etc.......................... 1753, 1791
INDEX
2745
ALBANY, CITY OF-^B
See Tabular IndexMunicipalitiesHome Rule Amendments.
ALCOHOLIC BEVERAGES
Code amended as to certain counties (69,000-75,000).............. 1855
Joint Committee on Farm Winery Laws............................. 1338
Sale by drink in certain counties (14,486-14,540)
(37,200-38,000)............................................ 592
Sale, etc. regulated............................................ 1463
Sale in certain counties (200,000-500,000) (295,000-300,000)
(350,000-500,000)............................................ 1768
Sale in clubs in certain counties (32,500-32,800)................ 511
Sale by Stone Mountain Memorial Association...................... 804
Sale on Christmas Day............................................ 890
Sale on Sundays and Election Days in certain counties (170,000-275,000) .... 521
Taxation on wineries ....................................... 1111
ALCOHOLISM
Effective date of Act providing for treatment.................... 782
Treatment, etc................................................... 937
ALCOVY JUDICIAL CIRCUIT
Compensation of court reporter................................... 538
ALLIGATORS
Taking, etc. regulated............................................ 1619
ALPHARETTA, CITY OF-H
Corporate limits................................................ 4540
AMATEUR RADIO OPERATORS
Motor vehicle license plates..................................... 1075
AMERICAN HEART ASSOCIATION
Land conveyance................................................... 1352
APPEARANCE BONDS
Forfeitures, etc................................................. 1224
APPELLATE COURT REPORTS
Distribution..................................................... 102
APPELLATE PROCEDURE
Affidavits of indigence........................................... 1186
APPLIED PSYCHOLOGISTS
Licensure......................................................... 1589
2746
INDEX
APPLING COUNTY
Board of Commissioners, referendum.......................... 4642
APPORTIONMENT
House of Representatives ..................................... 452
State senatorial districts ................................... 444
APPROPRIATIONS
General Appropriations Act enacted........................... 1876
Supplementary Appropriations Act....................... 2A, 150, 486
ARAGON, CITY
See Tabular IndexMunicipalitiesHome Rule Amendments.
ARCHITECTS, BOARD OF REGISTRATION
Act amended.................................................. 1019
Registration, etc............................................. 903
ARMADILLO OLYMPICS DAY
Designated.................................................. 1319
ARSONS
Reports to State Fire Marshal................................. 792
ATHENSCLARKE COUNTY MAGISTRATES COURT
Appeals ................................................... 4068
ATHLETIC TRAINERS ACT
Amended....................................................... 430
ATLANTA, CITY OFl^
See also Tabular IndexMunicipalitiesHome Rule Amendments.
Ad valorem tax exemptions, proposed amendment to the
Constitution......................................... 2645, 2647
Board of education........................................... 3931
Corporate limits............................................. 4181
Duties of president of council ............................ 3595
Group insurance board authority Act repealed ................ 4283
Members of board of education................................ 3607
Municipal Court court costs.................................. 4154
ATLANTIC JUDICIAL CIRCUIT
Additional judge ............................................. 428
ATTACHMENT
Practice and procedure
1578
INDEX
2747
AUCTIONEERS
Licensing........................................................ 1686
AUDITOR, STATE
Revenue Shortfall Reserve Act amended............................ 1288
AUGUSTA, CITY OF
Ad valorem tax exemptions, proposed amendment to the Constitution 2616
Punishment for violating ordinances.............................. 4834
AUGUSTA REDEVELOPMENT AUTHORITY ACT
Amended.......................................................... 4596
AVONDALE, CITY OF
Corporate limits................................................. 4402
B
BAIL
Bail in criminal cases........................................ 910
BALDWIN COUNTY
Land conveyance to board of education......................... 1315
Small claims court Act amended................................ 3803
BANKS AND BANKINGS
Reports of certain currency transactions...................... 2219
Savings and loan associations, etc............................ 1781
BANKS COUNTY
Compensation of tax commissioner....CT. ................ 3897
Superior court judges supplement... ......................... 582
BARBERS
Georgia Barber Act amended.................................... 1597
BARTOW COUNTY
Board of education, referendum................................ 4589
Compensation of board of education, referendum................ 4584
Superintendent of schools, referendum ........................ 4586
BAXLEY, CITY OF
Homestead exemptions, proposed amendment to the Constitution.. 2653
New charter .................................................. 4725
BEN HILL COUNTY
City-county development authority Act amended................. 4859
2748
INDEX
BIBB COUNTY
Board of education districts, referendum.................... 4625
Board of public education and orphanage, purchase and sale of property . . . 5049
Board of public education and orphanage, referendum......... 4406
Commissioner districts, etc................................. 3728
Macon-Bibb County Transit Authority Act of 1980 amended..... 4339
Macon-Bibb County Water and Sewerage Authority Act amended. 4235, 4409
Macon-Bibb County Water and Sewerage Authority, employees pension
plan amended ........................................... 4157
BIRTH CERTIFICATES
Georgia Health Code amended.................................. 723
BLECKLEY COUNTY
Election of members of board of education, proposed amendment to the
Constitution............................................ 2669
BLOOD DONATION
Leave for public employees to participate.................... 845
BLOODWORTH, WILLIAM FRANKLIN
Bridge^designated .......................................... 5061
BLOOMINGDALE, CITY OF-H
Corporate limits............................................ 4298
BOARD OF EXAMINERS IN OPTOMETRY ACT-^B
Amended . .................................................. 1278
BOARD OF POLYGRAPH EXAMINERS ACT
Amended..................................................... 1582
BOARD OF REGISTRATION FOR FORESTERS
Expiration date ............................................. 984
BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND
SURVEYORS. ,
Amended..................................................... 2308
BOARD OF VETERINARY MEDICINE ACT
Amended..................................................... 1065
BOATING
Safety zones................................................. 873
BOGART, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments.
New charter ................................................ 4869
INDEX
2749
BOND FORFEITURES
Procedure, waiver, etc...................................... 1658
BONDS
Interest rates on county and municipal bonds................ 1603
BONDS, CASIW
Criminal procedure.................................. ....... 1136
BRADLEY, JOHN D.
Compensation for damages................................... 5065
BREMEN, CITY OF
Corporate limits........................................... 4849
BROOKS COUNTY-^B
Fire protection districts.................................. 4038
BRUNSWICK, CITY OF
Glynn-Brunswick Hospital Authority, members................ 5051
BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION
Time in which to complete work............................. 4087
BRUNSWICK PORT AUTHORITY ACtB
Amended.................................................... 4657
BRYAN COUNTY
Members of board of commissioners, referendum.............. 4270
Office of treasurer abolished, referendum.................. 4285
BUILDING AND CONSTRUCTION STANDARDS
Act amended................................................ 1637
BUILDING AUTHORITIES
Act creating in certain counties amended (550,000 or more) . 5031
BUILDING PERMITS
Permanent records ......................................... 2483
BULLOCH COUNTY
Compensation of clerks of board of commissioners............ 4493
Compensation of clerk of probate court..................... 4497
Compensation of employees of clerk of superior court........ 3947
Compensation of sheriffs deputies, etc..................... 3950
Compensation of tax commissioners employees............... 3943
Small claims court Act amended............................. 4832
2750
INDEX
BURKE COUNTY
Compensation of coroner..................................... 4439
Small claims court Act amended.............................. 4428
BUTTS COUNTY
Land conveyance............................................. 2197
Quitclaim................................................... 1349
Terms of board of commissioners............................. 4790
BUYING SERVICES ACT OF 1975
Amended, enforcement........................................ 1073
C
CABBAGETOWN HISTORIC DISTRICT
Ad valorem taxation, proposed amendment to the Constitution. 2509
CAIRO, CITY OF
Recorders court............................................ 4024
CALHOUN, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
CALHOUN COUNTY
Small claims court Act amended............................... 3503
CANDEM COUNTY-H
Homestead exemptions, proposed amendment to the Constitution. 2586
CASH BONDS
Deposits by sheriffs in certain counties (400,000 or more) . 991
Procedure ................................................... 1136
CATOOSA COUNTY-H
Compensation of tax commissioners clerical assistants........ 4618
Fiscal administration of sheriffs office..................... 5114
Hospital authority Act amended, members...................... 4531
CEDARTOWN, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
CHAMBLEE, CITY OF
Homestead exemptions, proposed amendment to the Constitution. 2542
CHARITABLE CONTRIBUTIONS, ETC.-H
State employees.............................................. 2274
INDEX
2751
CHARLTON COUNTY
See alsoTabular IndexCountiesHome Rule Amendments.
Compensation of tax commissioner...... 3929
Quitclaim to board of commissioners....................... 1339
CHATHAM COUNTY
City-county school system, districts...................... 4139
Compensation of clerk of probate court.................... 4138
CHATHAM SERVICE CORPORATION
Easement................................................... 1333
CHATTAHOOCHEE COUNTY
Compensation of board of commissioners..................... 4510
CHATTAHOOCHEE JUDICIAL CIRCUIT
Terms in Taylor County..................................... 336
CHATTOOGA COUNTY
Disposal of county property............................... 4085
Sales tax for educational purposes, proposed amendment
to the Constitution..................................... 2675
CHEROKEE COUNTY
Board of education, referendum............................. 3602
Compensation of named officers ............................ 4578
CHESTER, TOWN OF-H
Corporate limits........................................... 3916
CHILD CUSTODY-H
Investigations in child custody cases ..................... H9
CHILD SUPPORT RECOVERY ACT
Amended..........................................."05, 124- 1207
CHILDREN-^
Fingerprinting............................................. 2
Liability for malicious acts............................... 349
CHILDREN AND YOUTH
Joint Children and Youth Study Committee 1303
CHILDREN AND YOUTH ACT
Amended................................................ 706' 1120
CHIROPRACTIC
State board of examiners................................... 2333
2752
INDEX
CHRISTMAS DAY
Sale of alcoholic beverages .................................... 890
CITIZEN RIGHTS
Females.......................................................... 826
CITIZENS BAND RADIO OPERATORS
Motor vehicle license plates for operators...................... 1118
CIVIL PRACTICE ACT
Amended, effect of dismissal .................................... 784
CLAIMS ADVISORY BOARD
Powers, duties, etc.............................................. 930
CLARKE COUNTY
Appeals from magistrates court ................................ 4068
Members, etc. of hospital authority.............................. 3705
CLARKE COUNTY, STATE COURT OF
Act amended...................................................... 4071
CLAXTON, CITY OF
Charter amended.................................................. 4242
CLAYTON COUNTY
Civil service system Act amended................................; 3723
Compensation of chairmen of board of commissioners.............. 4473
Compensation of judge of probate court.......................... 4476
Compensation of sheriff and clerk of superior court, etc........ 4478
Members of board of education, referendum........................ 4431
Tax commissioners compensation, etc............................. 4471
Water authority Act amended...................................... 3721
CLAYTON COUNTY, STATE COURT OF^|
Compensation of judge and solicitor.............................. 4481
CLERKS OF SUPERIOR COURT
Compensation in certain counties (32,300-32,800)................ 4536
Compensation in certain counties (190,000-210,000)............... 4382
CHEROKEE COUNTY
Compensation of county commissioner.............................. 4484
CLIMAX, CITY OF
Charter amended.................................................. 4853
INDEX
2753
CLINICAL LABORATORIES
Act regulating, amended........................................ 2376
Licensing, etc................................................... 1081
COBB COUNTY
Board of commissioners, meetings, etc........................... 4111
Civil service board members, etc................................. 4704
Commissioner districts........................................... 4550
Justices of the peace, proposed amendment to the Constitution.... 2615
Meetings of board of education.................................. 4066
South Cobb Development Authority Act............................. 3772
COBB COUNTY, STATE COURT OF
Accusations...................................................... 3725
Additional judge ................................................ 3610
Assistant solicitors............................................. 3763
Compensation of chief deputy clerk............................... 4107
Court costs...................................................... 4166
Magistrates....................................................... 3621
COBB JUDICIAL CIRCUIT
Additional judge ................................................. 434
CODE
Official Code of Georgia Annotated amended......................3, 2107
COLLEGE PARK, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments.
Homestead exemptions, proposed amendment to the Constitution...... 2605
COLLINS, MRS. SUE H.
Compensation for damages.......................................... 3507
COLQUITT COUNTY
Moultrie-Colquitt County Development Authority, bonds, proposed
amendment to the Constitution ................................ 2578
Tax for emergency medical services, proposed amendment
to the Constitution.......................................... 2663
COLUMBIA COUNTY
Justices of the peace, proposed amendment to the Constitution... 2575
COLUMBUS, MUNICIPAL COURT OF
Bonds of clerk and marshal....................................... 4044
COMMERCE, CITY OF
Merger of school districts, referendum........................... 4012
2754
INDEX
COMMUNICATION FACILITIES
Use in committing crimes............................... 2359
COMMUNITY AFFAIRS, DEPARTMENT OF
Powers, duties,'etc...................................... 2310
COMMUNITY SERVICE
Condition of probation................................... 1251
COMPOSITE BOARD OF MEDICAL EXAMINERS
Act amended......................................... 2266
CONCEALED WEAPONS
Criminal Code amended..................................... 1
CONGRESS, U.S.-
Urged to review records of federal judges.................
CONSERVATION EASEMENTS
Defined, etc.............................................. 1221
CONSTITUTION OF 1983
Proposed amendments, prior resolution amended........ 2551
CONSTITUTIONAL AMENDMENTS
See also Tabular IndexProposed Amendments to the Constitution.
1981 resolutions repealed............................ 2555, 2556
CONSTITUTIONAL REVISION
Select committees extended ............................... 1320
CONTEMPT OF COURT
Punishment................................................ 0'4
CONTROLLED SUBSTANCES
Counterfeit substances................................... 2370
COOK COUNTY
Election, etc. of school superintendent, referendum....... 3749
CORDELE, CITY OF-H
Crisp County-Cordele Industrial Authority, members, proposed amendment
to the Constitution........................................ 2570
CORDELE JUDICIAL CIRCUIT^B
Additional judge ............................................... 501
INDEX
2755
CORONERS
Compensation in certain counties (10,600-10,900)................... 585
Compensation in certain counties (15,200-15,400) .......... 590
Compensation in certain counties (22,320-22,500).................. 4060
Compensation in certain counties (55,110-58,000) (66,000-74,000).. 4831
Compensation in certain counties (190,000-210,000)................ 4382
Georgia Coroners Manual designated................................ 1345
CORPORATION CODE
Amended, fees, etc................................................. 886
CORPORATIONS
Corporate takeovers ........................................... 696, 807
Dissent from certain corporate actions............................. 694
Transfers of interest in real property............................ 1197
COUNTERFEIT CONTROLLED SUBSTANCES
. Crimes, etc..................................................... 2370
COUNTY BOARDS OF HEALTH
Members in certain counties (250,000-400,000) .................... 506
COUNTY BONDS
Interest rates, etc............................................... 1603
COUNTY CLERKS
Compensation in certain counties (2,000 or less) (2,100-2,300).... 4583
COUNTY COMMISSIONERS
Boards in certain counties (9,365-9,385) referendum .............. 4606
Compensation in certain counties (8,335-8,725) (10,200-10,350).... 4852
Compensation in certain counties (12,300-12,400) ................ 588
Compensation in certain counties (21,800-22,000).................. 4522
Compensation in certain counties (26,290-27,280) (29,200-30,000).. 4196
Compensation in certain counties (56,400-60,000)................... 533
Compensation in certain counties (more than 500,000).............. 5100
COUNTY LAW LIBRARIES
Use of funds, etc................................................. 1103
COUNTY OFFICERS
Compensation in certain counties (190,000-210,000)................ 4382
COURT OF APPEALS
Court costs, affidavits of indigence.............................. 1186
COURT OF APPEALS REPORTS
Publication........................................................ 892
2756
INDEX
COURTS OF INQUIRY
Probate court judges, etc............................................. 493
COURTS OF LIMITED JURISDICTION COMPENSATION ACT OF 1982
Enacted.............................................................. 1737
COVINGTON, CITY OfH|
City cable television system......................................... 3920
Homestead exemptions, proposed amendment to the Constitution........ 2568
COWETA COUNTY, STATE COURT OF
Compensation of judge and solicitor.................................. 3508
CRIMES
Aggravated assault................................................... 1242
Boating in boat safety zones.......................................... 875
Concealed weapons, etc................................................ 789
Contributing to delinquency of minors................................. 968
Counterfeit controlled substances.................................... 2370
Dangerous drugs, etc................................................. 2403
Dogfighting.......................................................... 2214
Fetiche ............................................................ 2499
Forfeiture of certain property used in criminal enterprises.......... 2325
Georgia RICO Act amended............................................. 1385
Habitual violators.................................................... 867
Homicide by vehicle, etc............................................. 1694
Kidnapping, interference with custody, etc............................ 970
Lotteries, promotional contests ..................................... 1661
Methaqualone......................................................... 2215
Motor vehicle license plates......................................... 1584
Possession of firearms by convicted felons .......................... 1171
Punishment for theft, etc............................................ 1371
Reports of arson to State Fire Marshal................................ 792
Use of communications facilities in committing crimes................ 2359
CRIMINAL BONDS
Fees of sureties .................................................... 1254
CRIMINAL PROCEDURE
Bail in criminal cases................................................ 910
Bond forfeitures, etc................................................ 1658
Cash bonds........................................................... 1136
Community service as condition of probation.......................... 1257
Courts of inquiry..................................................... 493
Disposition, etc. of seized property................................. 2336
Fees of sureties on criminal bonds................................... 1254
First offender treatment, etc........................................ 1807
Forfeiture of appearance bonds, etc.................................. 1224
Habitual violators.................................................... 867
INDEX
2757
CRIMINAL PROCEDURE(Cont.)
Jail and prison overcrowding.................................... 1356
Pleas of insanity, etc.......................................... 1476
Pretrial intervention programs.................................. 1093
Public defenders appointment, etc.............................. 1181
Relief from sentences by writ of habeas corpus.................. 786
Resolution urging severer sentences reconfirmed................. 1327
Sale or disposition of forfeited property....................... 2273
Sentence review panels, etc..................................... 1271
Statewide Probation Act amended ........................... 1097, 2283
Wiretapping, etc................................................ 2319
CRISP COUNTY
Homestead exemptions, proposed amendment to the Constitution.... 2564
Small claims court Act amended.................................. 4193
CRISP COUNTY-CORDELE INDUSTRIAL AUTHORITY
Members, proposed amendment to the Constitution................ 2570
CUMMINGS, J. B.
Compensation for damages........................................ 5064
D
DACULA, CITY OF
Mayor and council members....................................... 4249
DADE COUNTY
Compensation of deputies of clerk of superior court............. 4417
Compensation of probate court deputies, etc..................... 4414
Compensation of tax commissioners personnel.................... 4419
Hospital authority Act amended, members......................... 4531
DAHLONEGA, CITY OF
New charter .................................................... 4354
DALTON, CITY OF
Charter amended................................................. 5002
DAMS
Georgia Safe Dams Act of 1978 amended......................... 2339
DANGEROUS DRUGS
Control, etc.................................................... 2403
DAWSON COUNTY
Deputy clerk of superior court, clerk of probate court,
salaries................................................... 3616
2758
INDEX
DEATH CERTIFICATES
Georgia Health Code amended..................................... 723
DECATUR, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments.
Corporate limits................................................ 3910
DECATUR COUNTY
Small claims court Act amended.................................. 4334
DEEDS TO SECURE DEBT
Interest, etc. on secondary security deeds...................... 488
DEKALB COUNTY
See also Tabular IndexCountiesHome Rule for Counties.
Commissioner districts.......................................... 4235
Community college, referendum................................... 4239
Election districts, etc........................................ 4325
Election of probate court judge................................ 4131
Homestead exemptions, proposed amendment to the
Constitution........................................... 2657, 2659
Justices of the peace, proposed amendment to the Constitution.. 2573
Recorders court deputy clerks................................. 4599
School board districts, etc.................................... 3797
Special services tax districts................................. 4396
DEKALB COUNTY, STATE COURT OF
Agency to provide legal services to the poor................... 4162
Transfer of certain cases from superior court.................. 4322
DELINQUENCY
Contributing to delinquency of minors........................... 968
DENTISTRY, GEORGIA BOARD OF
Act amended.................................................... 1056
DEPOSITORIES
Liens on property............................................... 915
Sale of property................................................ 920
DEPOSITIONS AND DISCOVERY
Evidence, etc.................................................. 2374
DEPUTY SHERIFFS
Bonds.......................................................... 1779
DEVELOPMENT AUTHORITIES LAW
Amended........................................................ 1706
INDEX
2759
DICKEY, WILLIAM
Compensation for damages.................................... 5054
DISPOSITION OF UNCLAIMED PROPERTY ACT
Amended.................................................... 1787
DISPOSSESSORY PROCEEDINGS
Procedure, etc......................................... 1134, 1228
DISTRESS WARRANTS
Procedures, etc............................................. 1134
DISTRICT ATTORNEYS
Compensation in certain counties (18,200-18,900) (19,200-19,400). 581
Secretaries................................................. I486
DODGE COUNTY
Compensation of named officers and officials................ 4031
DOGFIGHTING
Defined, punishment, etc.................................... 2214
DOMICILE
Married persons.................................................. 805
DONALSONVILLE, CITY OF
Recorders court................................................ 3861
DOOLY COUNTY
Small claims court Act amended.................................. 3885
DORAVILLE, CITY OF^B
Homestead exemptions, proposed amendment to the Constitution.... 2610
DOUGHERTY COUNTY
Commission districts............................................ 3519
DOUGHERTY COUNTY, STATE COURT OF
Judges compensation............................................ 3562
DOUGLAS COUNTY
Board of education districts, referendum........................ 4786
Magistrates court created...................................... 4659
DOWNTOWN DEVELOPMENT AUTHORITIES LAW
Amended......................................................... 1726
2760
INDEX
DRUG DEPENDENT INDIVIDUALS
Treatment, etc...................................................... 937
DRUGS
Control of dangerous drugs, etc.................................... 2403
Methaqualone, crimes, etc.......................................... 2215
DUBLIN JUDICIAL CIRCUITI
Grand juries..... .................................................. 547
E
EARLY COUNTY
Compensation of board of commissioners.............................. 3846
EAST POINT BUSINESS AND DEVELOPMENT AUTHORITY ACT
Amended............................................................ 4435
EAST POINT, CITY OF
Elections, etc..................................................... 3598
ECONOMIC REHABILITATION ACT OF 1975
Amended............................................................ 1285
EDUCATION
Adequate Program for Education amended ....................603, 776, 1110
Compensation of boards in certain counties (18,500-19,000)
(20,900-21,200)................................................. 589
Compensation of boards of education in certain counties
(34,000-34,500)................................................. 934
County boards in certain counties (175,000-195,000)
(200,000-250,000).............................................. 3940
Display of motto and flags in classrooms, etc...................... 913
Educational Improvement Council, name changed, etc.................. 684
Election of boards of education in certain counties
(60,000-65,000) (76,000-79,000) ............................... 4191
Fees for collecting school taxes in certain counties
(350,000-500,000).............................................. 1853
Georgia Professional Standards Act, amended......................... 836
Georgia Student Finance Authority amended.......................... 1699
Grounds for termination of teachers contracts, etc............... 2188
Immunity of school personnel from civil tort liability............. 2495
Public school employee defined...................................... 896
Qualification of county board members and superintendents.......... 1175
Security personnel in certain counties (210,000-450,000)............ 515
Transportation for elderly authorized by county boards............. 1693
EFFINGHAM COUNTY
Homestead exemptions, proposed amendment to the Constitution....... 2634
INDEX
2761
EFFINGHAM COUNTY, STATE COURT OFM
Salaries of judge and solicitor ..................................... 3938
ELBERT COUNTY
Small claims court Act amended...................................... 4009
ELDERLY
Transportation...................................................... 1693
ELECTIONS
Act creating boards in various counties based on population amended.. 5040
Act creating boards of elections in certain counties amended
(55,110-56,000) (66,000-74,000)................................. 4353
Act creating election boards in certain counties amended
(18,200-18,300) (19,200-19,400) ............................:... 4208
Act creating boards of elections in certain counties amended
(51,000-55,110) (60,000-67,000) .................................. 4530
Boards of elections created in certain counties....................... 4465
Boards of elections in certain counties (22,312-22,825)
(40,000-40,700)................................................... 4331
Boards of elections in certain counties (66,000-73,000)
(158,000-168,000)................................................ 4305
Boards of elections in certain counties (145,000-165,000)
(175,000-185,000)................................................. 4321
Compensation of poll officers in certain counties (200,000 or more)... 513
Compensation of registrars............................................ 850
Copies of records, etc................................................ 437
Distribution of fees, etc............................................. 897
Georgia Election Code amended................................... 1292, 1512
Municipal Election Code amended....................................... 1670
Recall of elected public officials.................................... 1853
Registration of electors, etc......................................... 688
Voter registration places............................................. 442
EMANUEL COUNTY
Board of education, referendum........................................ 4049
Clerk of superior court placed on salary basis........................ 4794
EMANUEL COUNTY DEVELOPMENT AUTHORITY ACT
Amended............................................................... 4861
EMERGENCY HEALTH CARE
Liability, etc.......................................................
EMERSON, CITY OF
Aldermen.............................................................. 4592
Terms of mayor and aldermen.......................................... 4594
2762
INDEX
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA ACT
Amended..................................................... . 1163
EMPLOYMENT SECURITY LAW
Amended.................................................... 1023
ENGINEERING
Registration of professional engineering firms............. 2269
Registration, etc. of professional engineers............ 2271, 2308
ENVIRONMENTAL FACILITIES STUDY COMMISSION
Created.................................................... 1346
ETON, TOWN OF
City court established..................................... 3578
EVIDENCE
Adultery, competency of spouse to testify................... 1187
Depositions and discovery................................... 2374
Release of information to Department of Human Resources..... 1077
EXECUTIVE PROBATE JUDGES COUNCIL OF GEORGIA
Established, etc............................................ 1612
EYE BANKS
Definition, etc............................................ 1499
:F
FACADE EASEMENTS
Defined, etc................................................ 1227
FAIR BUSINESS PRACTICE ACT OF 1975
Amended..................................................... 1689
FAIR EMPLOYMENT PRACTICE ACT OF 1978
Amended.................................................... 1253
FALCONRY
Seasons and bag limits...................................... 1263
FAMILY AND CHILDREN SERVICES, DEPARTMENT OF
Destruction of records...................................... 881
Investigations in child custody cases ...................... 1189
FAMILY VIOLENCE
Prevention, etc............................................. 2300
INDEX
2763
FARM WINERY LAWS
Joint committee created..................................... 1338
FARMERS MUTUAL FIRE INSURANCE COMPANIES
Sale of policies............................................ 856
FAYETTE COUNTY
Small claims court Act amended.............................. 3923
FEDERAL JUDGES
Congress urged to review records .......................... 1313
FEMALES
Citizen rights.............................................. 826
FETICIDE
Crimes, etc................................................ 2499
FINANCIAL INSTITUTIONS
Definitions................................................ 2496
Minors deposits........................................... 1085
Reports of certain currency transactions................... 2219
FINGERPRINTING
Fingerprinting of children regulated........................ 928
FIRE FIGHTERS STANDARDS AND TRAINING COUNCIL ACT-400
Amended..................................................... 99
FIRE PROTECTION PACTS
Act providing for, amended ................................. 9^5
FIRE SAFETY STANDARDS
Enforcement, etc............................................
FIRE SPRINKLERS
Georgia Fire Sprinkler Act. 1212
FIREARMS
Possession by convicted felons.............................. H'l
FIREMEN
Limitation on civil liability...............................
FIRST OFFENDERS
Treatment, etc............................................. 1^
2764
INDEX
FISCAL NOTES
Required for introduction of certain Bills in General Assembly. 1116
FITZGERALD AND BEN HILL COUNTY DEVELOPMENT AUTHORITY ACT
Amended......................................................... 4859
FLAGS
Display in classrooms........................................... 913
FLOYD COUNTYv
See alsoTabular IndexCountiesHome Rule Amendments.
Election of judge of juvenile court ............................ 4190
FORESTERS, BOARD OF REGISTRATION
Expiration date, etc............................................ 984
FORFEITED PROPERTY^B
Sale and disposition........................................... 2273
Used in certain criminal enterprises........................... 2325
FORSYTH COUNTY
Purchases by county authorities ................................ 4792
FORT VALLEY, CITY OF-H
Municipal court Act amended..................................... 4047
FRANKLIN COUNTY
Board of education and superintendent, referendum............... 3753
FULTON COUNTY
Ad valorem tax exemptions, proposed amendment to the
Constitution........................................... 2645, 2647
Board of commissioners......................................... 4148
Building authority, proposed amendment to the Constitution...... 2613
Chief clerk of probate court.................................... 4392
County-wide Library system...................................... 4174
Municipal recreational programs, proposed amendment to the
Constitution................................................ 2504
Pension system Act amended...................................... 4829
Personnel board, etc............................................ 4896
FUND RAISING
Professional fund raising regulated............................. 922
G
GAINESVILLE AND HALL COUNTY DEVELOPMENT AUTHORITY ACT-H
Amended........................................................ 4300
INDEX
2765
GAME AND FISH
Alligators................................................... 1619
Body gripping traps.......................................... 988
Code amended.................................... ... 1629, 1729, 1771
Falconry, seasons and bag limits............................. 1263
GARDEN CITY, CITY OF^B
Charter amended............................................. 4089
GAS PIPES
Blasting, etc. near underground pipes ....................... 1577
GENERAL APPROPRIATIONS ACT
Enacted...................................................... 1876
GENERAL ASSEMBLY
Allowances for members ..................................... 1255
Fiscal notes required for certain Bills .................... 1116
Revenue Shortfall Reserve Act amended....................... 1288
GENERAL ASSEMBLY JOURNALS
Distribution, etc............................................ 702
GEORGIA ADMINISTRATIVE PROCEDURE ACTil^
Hearings by telephonic communications........................ 871
GEORGIA BOARD OF ATHLETIC TRAINERS ACT-,; i ,
Amended...................................................... 430
GEORGIA BOARD OF DENTISTRY ACT-H
Amended................................................... 1056
GEORGIA BOARD OF NURSING
Act amended................................................. 2500
GEORGIA CIVIL PRACTICE ACT
Effect of dismissal.......................................... 784
GEORGIA COMMISSION OF STATE GROWTH POLICY ACT-^B
Amended..................................................... 2261
GEORGIA CORONERS MANUAL
Designated.................................................. 1345
GEORGIA CRIME INFORMATION CENTER
Duties, functions, etc....................................... 952
2766
INDEX
GEORGIA CRIMINAL JUSTICE ACT
Public defenders ............................................. 1181
GEORGIA EASTER SEAL SOCIETY, INC.
Land conveyance............................................... 1300
GEORGIA FACTORY FOR THE BLIND
Name changed, etc............................................ 830
GEORGIA FIRE FIGHTERS STANDARDS AND TRAINING COUNCIL ACT
Amended...................................................... 989
GEORGIA FIRE SPRINKLER ACT
Enacted....................................................... 1212
GEORGIAFLORIDA PARKWAYH
Designated.................................................... 1318
GEORGIA HEALTH CODE
Alcoholic or drug dependent individuals, etc................. 937
Amended.................................................. 723, 2248
Amended, reports of certain physical injuries................. 1249
Regulation of hospitals, etc................................. 864
GEORGIA INSURANCE CODE
Amended..................................... 615, 650, 1199, 1217, 1678
Amended, payment to third parties, etc....................... 802
Farmers Mutual Fire Insurance Companies..................... 856
Group life insurance policies................................. 822
Motor vehicle insurance.................................. 1234, 1624
Policies to be written in simple language .................... 1244
Workers compensation insurance.............................. 644
GEORGIA LAND SALES ACT OF 1982
Enacted....................................................... 1431
GEORGIA LAWS
Distribution................................................. 702
GEORGIA MEAT INSPECTION ACT^WO
Amended...................................................... 980
GEORGIA MEDICAL ASSISTANCE ACT OF 1977
Amended...................................................... 824
GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT^-, ^
Amended..................................................... 2478
INDEX
2767
GEORGIA POST-MORTEM EXAMINATION ACT
Amended............................................718, 959
GEORGIA PROFESSIONAL STANDARDS ACT-MI
Amended............................................... 836
GEORGIA PUBLIC ASSISTANCE ACT OF 1965
Amended......................... .................. 883, 1281
GEORGIA PUBLIC SERVICE COMMISSION
Cost of operating..................................... 1063
Duties, powers, etc.................................. 412
GEORGIA RESIDENTIAL FINANCE AUTHORITY LAW
Amended....................................... 1716, 1813, 2228
GEORGIA RICO (RACKETEERS INFLUENCED AND CORRUPT
ORGANIZATIONS) ACT
Amended................................................ 1385
GEORGIA SAFE DAMS ACT OF 1978
Amended............................................. 2339
GEORGIA SAFETY FIRE COMMISSIONER
Enforcement of Fire Safety Standards.................. 479
GEORGIA SELF-SERVICE STORAGE FACILITY ACT^
Enacted.............................................. 2286
GEORGIA SPORTS HALL OF FAME ACT
Amended.............................................. 1153
GEORGIA STATE BOARD OF LANDSCAPE ARCHITECTS
Act amended......................................... 2378
GEORGIA STATE OCCUPATIONAL THERAPY ACT
Amended.................,............................. 2224
GEORGIA STUDENT FINANCE AUTHORITY
Amended.............................................. 1699
GEORGIA WATER QUALITY CONTROL ACT
Amended.............................................. 2304
GLYNN-BRUNSWICK HOSPITAL AUTHORITY
Members............................................. 5051
2768
INDEX
GLYNN COUNTY-***
Board of commissioners......................................... 4570
Brunswick-Glynn County Charter Commission, time in which to
complete work.............................................. 4087
Compensation of clerk of superior court and personnel.......... 5046
Compensation of sheriff, etc................................... 3881
Compensation of tax commissioner, etc......................... 3870
Juvenile court judges salary.................................. 4548
Magistrates court............................................... 5096
Ordinances, proposed amendment to the Constitution............... 2637
GLYNN COUNTY, STATE COURT OF
Compensation of personnel, etc................................. 4633
GOLDEN ISLES MARINA, INC.
Easement....................................................... 1307
GOLF HALT, OF FAME
Created.......................................................... 1153
GORDON, K. E.
Compensation for damages....................................... 5055
GRIFFIN-SPALDING COUNTY BOARD OF EDUCATION
Election of members, proposed amendment to the Constitution...... 2680
GROUND WATER USE ACT OF 1972
Amended.......................................................... 2306
GROWTH POLICY ACT
Georgia Commission on State Growth Policy Act.................... 2261
GRAND JURIES
Elected officials ineligible to serve........................... 779
Special purpose grand juries in certain counties (70,000 or more) . 541
GRIFFIN, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
GRIFFIN JUDICIAL CIRCUIT
Judges compensation............................................ 596
GRIST, MILLER J.-^|
Bridge designated ............................................... 5069
GROVETOWN, CITY OF
Judge of city court
3592
INDEX
2769
GUARDIAN AND WARD
Appointment, etc. of guardians ad litem...................... 796
Physicians affidavits and evaluations................ ....... 1221
GUYTON, CITY OF^H
New charter ................................................. 3806
Corporate limits............................................. 4211
GWINNETT BUILDING AUTHORITY ACT-H
Amended.................................. ................... 4546
GWINNETT COUNTY
See alsoTabular IndexCountiesHome Rule Amendments.
Board of education, referendum............................... 3510
Public facilities authority Act amended...................... 4672
Recreation authority Act amended.. .......................... 4674
Water and sewerage authority Act amended .................... 4670
GWINNETT COUNTY AIRPORT AUTHORITY ACT
Amended...................................................... 4544
GWINNETT JUDICIAL CIRCUIT
Additional judge ............................................ 436
H
HABEAS CORPUS
Relief from court sentences................................... 786
HABERSHAM COUNTY
Land conveyance to board of education........................ 1309
Sales tax for educational purposes, proposed amendment to the
Constitution............................................. 2566
Tax commissioner, salary, vacancies, etc..................... 3702
HALL COUNTY
City-county development authority Act amended................ 4300
HALL COUNTY, STATE COURT OF
Compensation of judge and solicitor......................... 3852
HANCOCK COUNTY
Compensation of judge of probate court and clerk of
superior court, etc. .................................... 3866
Compensation of tax commissioner, etc........................ 3864
Small claims court Act amended............................... 3787
HAPEVILLE DEVELOPMENT AUTHORITY-^B
Created, etc., proposed amendment to the Constitution
2524, 2618
2770
INDEX
HARALSON COUNTY
Compensation of county commissioner............................. 3700
Members of board of education, referendum....................... 4523
Sheriffs compensation.......................................... 4604
HARGRETT, DR. MCKEE
Bridge designated............................................... 5057
HART COUNTY
Tax commissioner placed on salary basis ........................ 3736
HAWKINSVILLE, CITY OF
Members of Pulaski County-Hawkinsville Development Authority.... 4209
HAZARDOUS DRIVERS STUDY COMMITTEE
Created......................................................... 2195
HEALTH
Alcoholic or drug dependent individuals, etc...................... 937
Georgia Health Code amended................................. 723, 2248
Inspection warrants.............................................. 1667
Liability for emergency health care............................... 692
Members of boards of health in certain counties (250,000-400,000). 506
Regulation of hospitals, etc...................................... 864
Reports of certain physical injuries............................. 1249
HEARD COUNTY
Small claims court created....................................... 4199
HEERY-DICKEY REGIONAL YOUTH DEVELOPMENT CENTER
Named............................................................ 5066
HELENA, CITY OF
New charter ..................................................... 5072
HENRY COUNTY
Ad valorem tax exemption, proposed amendment to
the Constitution............................................ 2609
Board of commissioners Act amended............................... 4094
Election districts, etc.......................................... 3638
Homestead exemptions, proposed amendment to the
Constitution......................................2515, 2517, 2519
Small claims court Act amended................................... 3733
HENRY COUNTY DEVELOPMENT AUTHORITY ACT
Amended
4078
INDEX
2771
HENRY COUNTY WATER AND SEWERAGE AUTHORITY ACT
Amended...................................................... 4081
HEPHZIBAH, CITY OF
New charter ................................................. 4801
HOLLAND, CLEM
Memorial bridge designated................................... 5060
HOMESTEAD EXEMPTIONS
Filing in certain counties (34,000-34,500).................... 531
HOMICIDE BY VEHICLE ETC.
Crimes defined, etc.......................................... . 1694
HOSPITAL AUTHORITIES LAW-JP
Amended....................................................... 712
HOUSE OF REPRESENTATIVES
Apportionment................................................. 452
HOUSING AUTHORITIES
Members in certain cities (10,800-11,200)..................... 507
Members in certain counties (110,000-130,000) ............... 1087
Members in certain counties (550,000 or more)................. 504
HOUSING AUTHORITIES LAW
Amended................................................... 906, 2228
HOUSTON COUNTY-^B
Ad valorem taxes for educational purposes, proposed amendment
to the Constitution....................................... 2601
Sales tax for educational purposes, proposed amendment to the
Constitution.............................................. 2600
HUMAN RESOURCES, DEPARTMENT OF
Division of Vocational Rehabilitation, name changed........... 833
Release of information by physicians......................... 1077
Waiver of rules, etc......................................... 1092
I
INCOME TAX-H
Credits, etc................................................. 2497
INDIGENCE
Affidavits, etc............................................... 933
2772
INDEX
INSANITY, PLEAS OF
Criminal procedure.......................................... 1476
INSPECTION WARRANTS
Georgia Health Code amended................................. 1667
INSURANCE
See Georgia Insurance Code.
INSURANCE PREMIUM FINANCE COMPANIES
Act regulating, amended..................................... 1054
INTEREST AND USURY
Interest on unpaid interest.................................. 420
Secondary security deeds..................................... 488
IRON CITY, TOWN OF
Election of councilmen........................................ 4336
IRRIGATION SYSTEMS
Anti-syphon devices........................................... 1232
IRWIN COUNTY
Compensation of clerk and secretary of board of commissioners. 4057
Compensation of deputy sheriffs............................. 4055
I.T.T. RAYONIER, INC.
Land conveyance.............................................. 1531
-J
JACKSON COUNTY
Merger of school districts, referendum....................... 4012
JAIL AND PRISON OVERCROWDING
Procedure to relieve......................................... 1356
JEFF DAVIS COUNTY
See Tabular IndexCountiesHome Rule Amendments.
JEFFERSON, CITY OF
Merger of school districts, referendum....................... 4012
JEFFERSON COUNTY^
Ad valorem taxation, proposed amendment to the Constitution.. 2588
JENKINS COUNTY-^
Small claims court Act amended.............................. 4450
INDEX
2773
JUDGMENTS
Consent judgments.......................................... 1262
JUDGES OF THE PROBATE COURT RETIREMENT FUND OF GEORGIA1|
Act amended................................................ 2207
JURIES
Oath on voir dire.......................................... 800
JURY CLERKS
Authorized in certain counties (175,000-185,000)........... 548
JURY COMMISSIONERS
Compensation............................................... 1230
JUVENILE COURT CODE OF GEORGIA
Amended...............................................1871, 2199
K
KENNESAW, CITY OF
Corporate limits.......................................... 4915
KIDNAPPING
Defined, punishment, etc................................... 970
KINARD, BOBBY L.
Compensation for damages.................................. 5058
L
LABOR, DEPARTMENT OF
Correctional Services Division ........................... 1093
LABORATORIES
Act regulating clinical laboratories amended ............. 2376
LAGRANGE, CITY OF
Board of education........................................ 4985
Corporate limits........................................ 3745
Downtown LaGrange Development Authority Act amended....... 4251
LAMAR COUNTY
Compensation of tax commissioner.......................... 4491
Coroner placed on salary basis............................ 4489
LAND SURVEYORS
Registration Act amended.................................. 2308
2774
INDEX
LANDLORD AND TENANT
Dispossessory and distress warrant proceedings.................. 1134
Dispossessory proceedings...................................... 1228
LANDSCAPE ARCHITECTS
Act regulating, amended ....................................... 2378
LAURENS COUNTY
See also Tabular IndexCountiesHome Rule Amendments.
Compensation of tax commissioner............................... 4109
Sheriffs compensation ......................................... 4469
Small claims court Act amended................................. 4197
LAW ENFORCEMENT OFFICERS
Special officers............................................... 1089
LAW LIBRARIES
Court costs in certain counties (26,200-27,000) ................ 520
Court costs in certain counties (200,000-275,000) .............. 591
Provisions in certain counties (300,000 or more)................ 586
Use of funds, etc.............................................. 1103
LAWRENCEVILLE, CITY OF
Corporate limits............................................... 4306
LIBRARIANS
Board for certification amended................................ 1493
LIBRARIES
Countywide systems in certain counties (500,000 or more), proposed
amendment to the Constitution ............................. 2547
LICENSE FEES AND TAGS
Motor vehicles.................................................. 422
LIENS
Property held in possession by certain depositories............. 915
LIFE INSURANCE
Group policies ................................................. 822
LINCOLN COUNTY
Chairman of board of commissioners............................. 4092
Compensation of tax commissioner............................... 4517
LIVESTOCK DEALERS AND MARKET OPERATORS
Licensing, etc.
1804
INDEX
2775
LOOKOUT MOUNTAIN JUDICIAL CIRCUIT
Court reporters salary........................................... . 526
LOTTERIES
Promotional contests ......................................... 1661
LOWNDES COUNTY
Board of commissioners, referendum............................ 3582
Business Licenses, proposed amendment to the Constitution........ 2593
Jurisdiction of small claims court............................ 3619
Justices of the peace, proposed amendment to the Constitution.... 2592
Street improvement bonds, proposed amendment to the Constitution. 2649
LUMPKIN COUNTY-H
Board of education, referendum................................ 4277
Compensation of county commissioner........................... 3859
Compensation of judge of probate court and clerk of
superior court .............................................. 4006
Compensation of tax commissioners................................ 4001
Sheriffs compensation........................................... 4003
Superintendent of schools, referendum ........................ 4274
LYONS, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY ACT
Amended....................................................... 4409
Employees pension plan amended............................... 4157
MACON-BIBB COUNTY TRANSIT AUTHORITY ACT OF 1980
Amended....................................................... 4339
MACON, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments.
Corporate limits.............................................. 4781
Pensions of firemen and police, proposed amendment to the
Constitution.............................................. 2549
MACON COUNTY, STATE COURT OF
Compensation of judge and solicitor........................... 4063
MANCHESTER, CITY OF
Corporate limits.............................................. 4798
MANN, ARTHUR
Compensation for damages...................................... 5068
2776
INDEX
MARIETTA, CITY OF
Board of education............................................ 4558
Charter amended........................................... 4561
Downtown Marietta Development Authority Act amended....... 4909
MARION COUNTY
Compensation of board of commissioners........................ 4640
MARRIAGE
Retired state court judges may perform ceremonies . ..... 1287
MARRIED PERSONS
Domicile....................................................... 805
Use of surnames ............................................... 950
MAXEYS, CITY OF
Terms of mayor and councilmen ........................... 4042
MECHANICS AND MATERIALMENS LIENS
Defined, notices, etc................................... 1144
MEDICAL ASSISTANCE ACT OF 1977
Amended........................................................ 824
MEDICAL EXAMINERS, STATE BOARD
Act amended................................................... 2266
MERIT SYSTEM EMPLOYEES
Religious holidays............................................. 986
MERIWETHER COUNTY
Justices of the peace, proposed amendment to the Constitution. 2582
METALS, PRECIOUS
Act regulating dealers amended ................ 1504
METHAQUALONE
Crimes, etc................................................... 2215
METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965
Amended.............................................. 3707, 5101
METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE
Extended...................................................... 1322
MILITARY INSTALLATIONS
Sale of timber................................................. 853
INDEX
2777
MILITIA DISTRICTS
Qualifications, etc........................................... 825
MILLER COUNTY
Compensation of board of commissioners....................... 4246
MILNER, CITY OF
Elections, etc................................................ 4486
MINORS
Contributing to delinquency of minors......................... 968
Deposits in financial institutions........................... 1085
MITCHELL COUNTY SCHOOL DISTRICT
Sales tax for educational purposes, proposed amendment to
the Constitution.......................................... 2643
MOBILE HOMES
Uniform Standards Code amended............................... 1376
MOLENA, CITY OF
New charter ................................................. 4935
MONTGOMERY COUNTY
Board of commissioners, districts, etc....................... 4115
MORGAN COUNTY
Board of commissioners, election districts................... 4184
Coroners salary............................................. 3766
Small claims court Act amended............................... 3768
MOSS, C.L.
Parkway designated .......................................... 5059
MOTOR CARRIERS
Defined...................................................410, 827
MOTOR VEHICLE CERTIFICATE OF TITLE ACT
Amended...................................................403, 1784
MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
Amended...................................................... 1751
MOTOR VEHICLE SAFETY WEEK
Designated................................................... 1317
2778
INDEX
MOTOR VEHICLES
Amateur radio operator license plates ........................... 1075
Care owed passengers............................................. 1283
Insurance........................................................ 1234
Insurance policies ................................................ 1624
License fees and tags............................................. 422
License plates, etc................................................ 1584
License plates for operators of citizens band radios ........... 1118
Operators licenses for operators 16 or 17 years of age........... 1862
Purchase of license plates by mail ................................ 964
Registration by nonresidents...................................... 720
Removal of abandoned motor vehicles.............................. 1650
Special license plates for street rods........................... 2298
Speed limits in construction areas................................. 1290
Suspension of operators licenses .. ......................... 1601,1633
Titles for rebuilt vehicles....................................... 1676
MOULTRIE-COLQUITT COUNTY DEVELOPMENT AUTHORITY
Bonds, proposed amendment to the Constitution...................... 2578
MOUNTAIN PARK, CITY OF
New charter ....................................................... 3648
MOUNTVILLE WATER AUTHORITY ACTW|
Enacted............................................................ 4452
MUNICIPAL BONDS
Interest rates, etc................................................ 1603
MUNICIPAL ELECTION CODE
Amended............................................................ 1670
MUNICIPALITIES
Act providing benefits for certain officers and employees of
certain cities amended (more than 150,000)..................... 3843
Authority to close streets in certain municipalities
(400,000 or more).............................................. 1177
Compensation of named officials of certain municipalities
(5,150-5,300)................................................ 4046
Grants ........................................................... 869
Street improvements in certain cities (600 or more)............... 502
MUSEUM OF ART-
State Museum of Art designated..................................... 1355
MUTUAL AID RESOURCE PACTS FOR FIRE PROTECTION ACtSB
Amended
955
INDEX
2779
NlHi
NAMES
Use of surnames after marriage................................ 950
NATIONAL MOTTO
Display in classrooms......................................... 913
NATURAL RESOURCES, DEPARTMENT OF '
See also Game and Fish.
Game and Fish Code amended ............................ 1729, 1771
NEWNAN, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
NEWTON COUNTY
Homestead exemptions, proposed amendment to the Constitution. 2640
Jurisdiction of probate court ............................... 4441
Land conveyance.............................................. 1341
NOTARIES PUBLIC
Commissions, etc............................................. 1106
NURSES
Georgia Board of Nursing Act amended......................... 2500
Licensure of practical nurses ............................... 2222
O
OCCUPATIONAL THERAPY LICENSING ACT
Amended...................................................... 2224
OCONEE COUNTY PUBLIC UTILITY AUTHORITY ACT
Amended...................................................... 4568
OFFICIAL CODE OF GEORGIA ANNOTATED
Amended......................................................... 3
Distribution.................................................. 793
Revision..................................................... 2107
OFFENDER REHABILITATION, BOARD OF
Detainers.................................................. 1373
Responsibility for medical costs............................. 1361
Reimbursement of costs to counties........................... 1364
OPEN MEETINGS LAW
Amended...................................................... 1810
2780
INDEX
OPTOMETRY
Board of Examiners, Act amended............................ 1278
P
PARENTS
Cruel treatment of children ............................... 1369
PARENTS AND GUARDIANS
Liability for malicious acts of children.................... 849
PAULDING COUNTY
Compensation of tax commissioner........................... 4232
Homestead exemption for educational purposes, proposed amendment
to the Constitution.................................... 2511
PEACE OFFICERS
Witness fees.............................................. 982
PEACE OFFICERS ANNUITY AND BENEFIT FUND ACT-^B
Amended................................................ 2362, 2367
PEACE OFFICER STANDARDS AND TRAINING ACT
Amended..................................................... 2478
PELHAM INDEPENDENT SCHOOL DISTRICT
Sales tax for educational purposes, proposed amendment to
the Constitution........................................ 2643
PERFORMANCE BONDS
Public contracts............................................ 686
PERRY REDEVELOPMENT AUTHORITY ACT
Repealed ................................................... 4448
PHARMACY
Practioner defined.......................................... 1264
State Board of Pharmacy Act amended......................... 1156
PHYSICAL THERAPY
Georgia Physical Therapy Act amended ....................... 1416
PHYSICIANS
Affidavits and evaluations................................. 1221
Reports of certain physical injuries........................ 1249
PHYSICIANS ASSISTANT ACT
Amended..................................................... 1148
INDEX
2781
PHYSICIANS AND PATIENTS
Release of information to Department of Human Resources......... 1077
PICKENS COUNTY
Compensation of clerk of superior court......................... 4503
Compensation of county commissioner............................. 4501
Compensation of judge of probate court.......................... 4506
Compensation of sheriff......................................... 4508
Compensation of tax commissioner................................ 4505
PIEDMONT JUDICIAL CIRCUIT
Judges compensation............................................. 523
Judges supplement from Banks County............................. 582
PIERCE COUNTY
School board and superintendent, referendum..................... 4649
School district homestead exemptions, proposed amendment to
the Constitution........................................... 2584
PIKE COUNTY
Compensation of clerk of superior court......................... 4230
Compensation of probate court judge............................. 4223
Compensation of tax commissioner................................ 4225
Sheriffs compensation.......................................... 4221
Small claims court Act amended.................................. 4218
PINE LAKE, CITY OF
Homestead exemptions, proposed amendment to the Constitution.... 2590
PISTOLS
Crimes, concealed weapons, etc................................... 789
PODIATRY
Act regulating, amended......................................... 1621
POLK COUNTY
Compensation of board of commissioners.......................... 4216
Deputy sheriffs................................................. 4668
Jurisdiction of justices of the peace, proposed amendment
to the Constitution........................................ 2513
POLK COUNTY, STATE COURT OF
Abolished....................................................... 4537
POLYGRAPH EXAMINERS ACtJmI
Amended
1582
2782
INDEX
POOLER, TOWN OF
Charter amended................................................. 3872
PORT WENTWORTH, CITY OF
Corporate limits................................................ 4445
POST MORTEM EXAMINATION ACT
Amended......................................................718, 959
POULAN, CITY OF
Corporate limits................................................ 4601
POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY-H
Powers, membership, etc., proposed amendment to the
Constitution................................................ 2505
PRACTICAL NURSES
Licensure....................................................... 2222
PRACTICE AND PROCEDURE
Affidavits of indigence, etc..................................... 933
Appointment of guardians ad litem ............................... 796
Attachment...................................................... 1578
Child support Recovery Act amended .......................... 1204, 1207
Competency of spouse to testify as to adultery of other......... 1187
Consent judgments............................................... 1262
Depositions and discovery....................................... 2374
Dispossessory and distress warrant proceedings.................. 1134
Dispossessory proceedings, etc.................................. 1228
Effect of dismissal.............................................. 784
Habeas corpus relief from court sentences........................ 786
Investigations in child custody cases .......................... 1189
Jurisdiction over controversies relating to legitimate children. 1369
Limitations on firemens civil liability........................ 1150
Mechanics and Materialmens liens.............................. 1144
Notice to owners of tax executions.............................. 1184
Prevention of family violence................................... 2300
PRECIOUS METALS
Act regulating dealers amended.................................. 1504
PRETRIAL INTERVENTION PROGRAMS
Georgia Department of Labor .................................... 1093
PROBATE COURTS
Appointment of guardians ad litem ............................... 796
Controversies relating to legitimate children................... 1369
Courts of Inquiry, etc........................................... 493
INDEX
2783
PROBATE COURTS(Cont.)
Disposition of fines, etc. in certain counties (13,700-13,900)
(15,200-15,400)........................... ................. 4581
Executive Countil established..................................... 1612
Fees in certain counties (25,400-25,900).......................... 552
Judges retirement............................................... 2207
Judges salaries in certain counties (550,000 or more)............ 3626
Judges training................................................ 682
Jurisdiction..................................................... 1502
Records........................................................... 1617
Vacancies in office of judge in certain counties (160,000-169,000). 544, 4303
PROBATION
Certain counties to become a part of state-wide probation system
(550,000 or more)............................................ 5099
State-wide Probation Act amended................................... 1605, 2283
PROFESSIONAL ENGINEERS
Registration, etc.................................................. 2271, 2308
PROFESSIONAL ENGINEERING FIRMS
Registration, etc............................................... 2269
PROFESSIONAL FUND RAISING
Regulation....................................................... 22
PROFESSIONAL SANITARIANS
Act regulating, amended.......................................... 733
PROPERTY**"'
Disposition of seized property, etc............................. 2333
Sale or disposition of forfeited property........................ 2273
PSYCHOLOGISTS, APPLIED
Licensure........................................................ 1589
PUBLIC ACCOUNTANCY ACT OF 1977
Amended.......................................................... 1782
PUBLIC ASSISTANCE ACT OF 1965
Amended............................................................ 883 1281
PUBLIC CONTRACTS
Performance bonds................................................
PUBLIC DEFENDERS
Appointment, etc................................................. 77 *
2784
INDEX
PUBLIC EMPLOYEES
Leave to participate in blood donation............................... 845
PUBLIC OFFICIALS
Recall procedures.................................................... 1653
PUBLIC RECORDS INSPECTION ACT
Amended.............................................................. 1789
PUBLIC SCHOOL EMPLOYEE
Defined..............................................................
PUBLIC REVENUE
See also Revenue
Ad valorem taxation, etc., prepayment agreements..................... 2382
Closing of tax books in certain counties (15,200-15,400)............. 998
Duties of tax collectors, etc. in certain counties (90,000-140,000)
(150,300-155,000)................................................ 996
Fees charged on tax executions........................................ 1H4
Fees for collecting school taxes in certain counties
(350,000-500,000)............................................... 1853
Homestead exemptions from ad valorem taxation........................ 1198
Income tax credits, etc.............................................. 2497
Motor vehicle license plates .......................... 422,1075,1118,1584
Property tax exemptions from ad valorem taxation..................... 1101
Sale, etc. of alcoholic beverages regulated.......................... 1463
Special license plates for street rods............................... 2298
Tax due dates in certain counties (250,000-400,000)................... 936
Tax executions........................................................ 847
Taxation on wineries ............................................... . 11H
PUBLIC SERVICE COMMISSION
Cost of operating.................................................... 1063
Director of utility finance section.................................. 1174
Duties, powers, etc................................................... 412
Motor carrier defined................................................. 827
PULASKI COUNTY
Election of members of board of education, proposed amendment
to the Constitution.................................... 2664
School superintendent, referendum.......................... 4638
PULASKI COUNTY-HAWKINSVILLE DEVELOPMENT AUTHORITY
Members.................................................... 4209
PUTNAM COUNTY
Coroners salary..........
Small claims court created
.... 3844
3899, 4258
INDEX
2785
R
RABUN COUNTY
Compensation of tax commissioner............................. 4293
Sales tax for educational purposes, proposed amendment to
the Constitution......................................... 2522
RAILROADS
Special officers............................................ 1183
REAL ESTATE
Georgia Land Sales Act of 1982............................. 1431
REAL ESTATE BROKERS AND SALESPERSONS
Licensing, etc.............................................. 1001
REAL PROPERTY
Facade and conservation easements, etc....................... 1227
Transfers by corporations.................................... 1197
REBUILT VEHICLES
Titles....................................................... 1676
RECORDERS COURTS
Judges in certain counties (180,000-190,000)................. 4500
RECORDS
Destruction by Department of Family and Children Services .... 881
First offenders.............................................. 1807
Public Records Inspection Act amended........................ 1789
REGISTER, TOWN OF
Incorporated................................................ 3530
REGISTERED PROFESSIONAL SANITARIANS
Act regulating, amended...................................... 1644
RELIGIOUS HOLIDAYS
Merit system employees........................................ 986
RESIDENTIAL FINANCE AUTHORITY LAW
Amended.............................................1716, 1813, 2228
RETIREMENT
Pension system for employees, etc. of certain cities amended
(300,000 or more).................................... 3887, 4385
2786
INDEX
REVENUE
See also Public Revenue.
Amateur radio operator motor vehicle license plates................ 1075
Homestead exemptions in certain counties (34,000-34,500)........... 531
Motor vehicle license plates for operators of citizens
band radios ................................................... 1118
Public Revenue Code amended as to certain counties
(63,000-72,000)............................................ ... 575
Purchase of motor vehicle license plates by mail .................. 964
Quarterly billing of ad valorem taxes in certain counties
(100,000-150,000).............................................. 595
Registration of motor vehicles by nonresidents..................... 720
Tax due dates in certain counties (250,000-400,000 ................ 936
Tax executions..................................................... 847
Tax returns in certain counties (25,100-25,400).................... 537
REVENUE SHORTFALL RESERVE ACT
Amended............................................................ 1288
RICHMOND COUNTY
Compensation of named officials.................................... 3941
Merit system for sheriffs employees, proposed amendment to
the Constitution.............................................. 2639
RICHMOND COUNTY, CIVIL COURT OF-9
Costs, etc........................................................ 3738
RICHMOND COUNTY MERIT SYSTEM ADVISORY COMMISSION
Created.......................................................... 5070
RINCON, TOWN OF-g|
Vacancies in office of mayor or councilperson .................... 3935
RIVERDALE, CITY OF^H
See Tabular IndexMunicipalitiesHome Rule Amendments.
ROCKDALE COUNTY
Board of commissioners, compensation ............................. 4845
Clerk of superior court, compensation............................. 4847
Coroners compensation............................................ 4843
Magistrates Court................................................ 4040
Probate court judges compensation................................ 4839
Public defenders compensation.................................... 4867
Sheriffs compensation............................................ 4841
Tax commissioners compensation................................... 4837
ROCKDALE JUDICIAL CIRCUIT
Created............................................................ 439
ROME, CITY OF^B
Corporate limits
4022
INDEX
2787
ROME JUDICIAL CIRCUIT
Additional judge ............................................. 501
Grand jury................................................ 534
ROOSEVELT WARM SPRINGS INSTITUTE FOR REHABILITATION
Memorial to Franklin Delano Roosevelt .................... 1323
ROSWELL, CITY OF-i * ;
Corporate limits.......................................... 3678
S
SAFE DAMS
Georgia Safe Dams Act of 1978 amended......................... 2339
SAFETY FIRE COMMISSIONER
Enforcement of fire safety standards, etc.................. 479
ST. MARYS, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments.
SALKIN, MRS. DORA
Compensation for damages.................................. 5062
SANITARIANS
Act regulating professional sanitarians amended........... 1644
SAVANNAH, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments.
City-County school system, districts...................... 4139
SAVANNAH PORT AUTHORITY
, Cost of project defined................................... 993
SAVANNAH RIVER
Upper Savannah River Development Authority Act................ 2076
SAVINGS AND LOAN ASSOCIATIONS
Branches, etc............................................. 1781
Reports of certain currency transactions.................. 2219
SCHLEY COUNTY
Justices of the peace, proposed amendment to the Constitution. 2598
SCHOOL FINANCE STUDY COMMISSION
Created
1311
2788
INDEX
SCHOOL TAXES
Fees for collecting in certain counties (350,000-500,000)......... 1853
SCREVEN COUNTY
Ad valorem tax exemptions, proposed amendment to the Constitution. 2635
SECONDARY SECURITY DEEDS
Interest, etc.................................................... 488
SECURITIES
Transactional exemptions........................................ 1X78
SECURITY AGREEMENTS
Releases by corporations......................................... 1197
SELF-SERVICE STORAGE
Georgia Self-service Storage Facility Act........................ 2286
SEMINOLE COUNTY
Compensation of clerk of superior court.......................... 3848
Sheriffs compensation............................................ 4665
SENATORIAL DISTRICTS
Amended.......................................................... 444
SENTENCE REVIEW
Sentence review panels, etc...................................... 1271
SERVICES FOR THE AGED
Study committees................................................ 1342
SHERIFFS
Bonds of deputy sheriffs......................................... 1779
Cash bonds in certain counties (400,000 or more)................. 991
Compensation in certain counties (14,000-15,000)
(18,000-18,100).............................................. 4615
Compensation in certain counties (190,000-210,000)............... 4382
Fees............................................................ 1659
Investigations, suspensions, etc................................. 425
Minimum salaries ................................................ 1267
Notice to owners of tax executions............................... 1184
SHERIFFS RETIREMENT FUND OF GEORGIA ACT
Amended.................................................925, 1060, 1607
SIKES, MS. LINDA A.Jgjg
Compensation for damages......................................... 5063
INDEX
2789
SMALL CLAIMS COURTS
See also named county.
Act creating in certain counties amended (7,500-7,900)....... 4309
Act creating in certain counties amended (19,500-19,700)
(20,900-21,200).......................................... 4427
GEO. L. SMITH II WORLD CONGRESS CENTER
Act amended.................................................. 1122
SOUTH COBB DEVELOPMENT AUTHORITY ACT
Enacted...................................................... 3772
SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGE-
MENT COMPACT
Enacted...................................................... 2389
SOUTHWESTERN JUDICIAL CIRCUIT
Terms in Sumter County........................................ 546
SOVEREIGN IMMUNITY
Actions ex contractu......................................... 495
Defined, etc., proposed amendment to the Constitution........ 2546
SPALDING COUNTY
Election of members of Griffin-Spalding County Board of Education,
proposed amendment to the Constitution................... 2680
Sales tax to finance public facilities, etc., proposed amendment
to the Constitution...................................... 2677
Small claims court Act amended............................... 4864
SPALDING COUNTY WATER AND SEWERAGE AUTHORITY ACT
Enacted...................................................... 4987
SPORTS HALL OF FAME
Act amended.................................................. 1153
STATE BOARD FOR CERTIFICATION OF LIBRARIANS
Act amended.................................................. 1493
STATE BOARD OF OFFENDER REHABILITATION
Detainers.................................................... 1373
Responsibility for medical costs............................. 1361
STATE BOARD OF PHARMACY ACT
Amended.................................................. 1156, 1264
STATE BOARD OF PODIATRY EXAMINERS
Act amended.................................................. 1621
2790
INDEX
STATE BOARD OF REGISTRATION OF USED CAR DEALERS
Amended....................................................... 834
STATE BUILDING ADMINISTRATIVE BOARD
Functions transferred, etc.................................... 698
STATE COURTS
See also named courts.
Clerks compensation......................................... 1180
Retried judges may perform marriage ceremonies............... 1287
Terms in certain counties (350,000-500,000).................., 518
STATE EMPLOYEES
Religious holidays............................................ 986
STATE EMPLOYEES HEALTH BENEFIT PLAN
Funding...................................................... 1325
STATE FIRE MARSHAL
Reports of arson, etc......................................... 792
STATE MUSEUM OF ART OF STATE OF GEORGIA
Designated.................................................... 1355
STATE PERSONNEL BOARD
Adverse actions, appeals, etc................................. 1245
Employee charitable, etc. contributions....................... 2274
Positions excluded from classified service.................... 1251
Public school employee defined, etc........................... 896
STATE PROPERTIES COMMISSION
Authority, etc................................................ 857
STATE SENATORIAL DISTRICTS
Act amended................................................... 444
STATE WIDE FIRE PROTECTION STUDY COMMITTEE
Extended, etc................................................. 1348
STATE WIDE PROBATION ACT
Amended..............................................1097, 1605, 2283
STATE WIDE PROBATION SYSTEM
Certain county system to become a part of state-wide system
(550,000 or more)......................................... 5099
J. P. STEVENS & CO., INC.
Land conveyance............................................... 1305
INDEX
2791
STEWART COUNTY
Compensation of county commissioner.......................... 3890
Compensation of deputy sheriff............................... 4512
STONE MOUNTAIN JUDICIAL CIRCUIT
Rockdale Circuit created.................................... 439
STONE MOUNTAIN MEMORIAL ASSOCIATION ACT
Amended..................................................... *864
Sale of alcoholic beverages ................................. 804
STORAGE
Georgia Self-service Storage Facility Act.................... 2286
STREET RODS
Special license plates, etc................................. 2298
STUDENT FINANCE AUTHORITY
Amended................................................ 1699, 1860
SUBPOENAS
Witness fees for peace officers............................. 982
SUMTER COUNTY
Sheriffs salary............................................. 3612
Small claims court Act amended............................... 3919
Superior Court terms........................................ 846
Tax commissioners salary.................................... 3614
SUPERIOR COURT CLERKS
Compensation................................................. 4180
Fees for filing financing statements........................ 879
Storage of records in certain counties (550,000 or more)..... 3851
Vacancies................................................... 877
SUPERIOR COURT CLERKS RETIREMENT SYSTEM ACT
Amended..................................................... 4273
SUPERIOR COURT JUDGES RETIREMENT SYSTEM ACT-H
Amended................................................ 497, 1568
SUPERIOR COURTS
Judges secretaries.......................................... 4486
SUPPLEMENTARY APPROPRIATIONS ACT
Enacted................................................ 2A, 150, 486
2792
INDEX
SUPREME COURT
Court costs, affidavits of indigence....................... 1186
SUPREME COURT REPORTS
Publication................................................. 892
SURNAMES
Use after marriage.......................................... 950
Trrr
TAX COLLECTORS
Compensation......................................................... 2244
Duties, etc. in certain counties (90,000-140,000)
(150,300-155,000)................................................ 996
TAX COMMISSIONERS
Compensation......................................................... 2244
Compensation in certain counties (190,000-210,000)................... 4382
Vacancies in certain counties (160,000-169,000)...................... 043
TAX EXECUTIONS
Fees................................................................ HI4
Interest, etc......................................................... ^
Notice to owners..................................................... H4
TAYLOR COUNTY
Probate court personnel...........
Superior court clerks personnel.......
Superior court terms..............
TEACHERS
Grounds for terminating contracts, etc.
TEACHERS RETIREMENT SYSTEM ACT
Amended..............................
4621
4623
536
2188
965, 975, 978, 1095, 1192, 1610
TELFAIR COUNTY
Board of education, terms, vacancies, etc..................... 04
TENNILLE, CITY OF
Corporate limits.............................................. 411
TERRELL COUNTY
Small claims court Act amended................................ 1
Tax commissioners compensation............................... 444
INDEX
2793
theft^B
Punishment for crimes........................................ 1371
THOMASTON, CITY OF
City-county board of tax assessors Act amended............... 4228
THOMASTON-UPSON COUNTY INDUSTRIAL AUTHORITY
Projects, proposed amendment to the Constitution ............ 2607
THUNDERBOLT, TOWN OF
Corporate limits, referendum................................. 4295
TIDWELL, JAMES E.
Land conveyance.............................................. 1336
TIFT COUNTY
Charter commission, proposed amendment to the Constitution... 2557
TIFTON, CITY OF
Charter commission, proposed amendment to the Constitution... 2557
TIMBER
Proceeds of sales from military installations................. 853
TORTS
Care owed passengers by operators of motor vehicles ......... 1283
Compressed gases ............................................. 2211
Immunity of school personnel from civil liability............. 2495
TOWNS COUNTY
Sales tax for educational purposes, proposed amendment
to the Constitution........................................ 2540
TRACTORS AND FARM EQUIPMENT
Transactions, titles, etc................................ 1753, 1791
TRIAL JUDGES AND SOLICITORS RETIREMENT FUND ACT
Amended....................................................... 961
TRION, CITY OFj
Sales tax for educational purposes, proposed amendment
to the Constitution........................................ 2675
TROUP COUNTY-5
Coroners compensation........................................ 4348
Mountville Water Authority Act................................ 4452
Salaries of named officials................................... 4342
Small claims court Act amended................................ 4345
TROUP COUNTY, STATE COURT OF
Compensation of judge and solicitor........................... 4350
2794
INDEX
TUCKER, ROBERT**? '
Compensation for damages....................................... 5056
TWIGGS COUNTY
Compensation of board of commissioners......................... 3689
Compensation of clerk of superior court, etc................... 3680
Compensation of judge of probate court, etc.................... 3696
Compensation of tax commissioner, etc.......................... 3692
Election of board of commissioners, etc....................... 3632
Election of members of board of education, referendum.......... 3627
Sheriffs compensation, etc................................... 3684
TWIN CITY, CITY OF
Charter amended................................................ 4520
TYBEE ISLAND, CITY OF
Corporate limits .............................................. 4188
TYRONE, CITY OF*
See Tabular IndexMunicipalitiesHome Rule Amendments.
. U
UNCLAIMED PROPERTY
Disposition of Unclaimed Property Act amended.................. 1787
UNDERGROUND GAS PIPES
Blasting, etc. near............................................ 4577
UNIFORM STANDARDS CODE FOR MOBILE HOMES
Amended........................................................ 1376
UNION CAMP CORPORATION
Mineral lease ................................................. 1328
UNION CITY, CITY OF
Homestead exemptions, proposed amendment to the Constitution... 2597
New charter .................................................. 4676
UNION COUNTY
Clerk of superior court placed on salary basis................. 3568
Judge of probate court placed on salary basis.................. 3573
Sales tax for educational purposes, proposed amendment to the
Constitution............................................... 2507
Sheriff placed on salary basis................................. 3575
Tax commissioner placed on salary basis ....................... 3564
UNITED STATES
Jurisdiction over land ceded to or acquired by United States... 1867
INDEX
2795
UPPER SAVANNAH RIVER DEVELOPMENT AUTHORITY ACT
Enacted.................................................... 2076
UPSON COUNTY
City-county board of tax assessors Act amended............. 4228
Compensation of board of commissioners..................... 4616
Thomaston-Upson County Industrial Authority, proposed amendment
to the Constitution..................................... 2607
USED CAR DEALERS
Board of Registration Act, amended......................... 834
USURY
Interest on unpaid interest................................ 420
V
VALDOSTA, CITY OF
Central Valdosta Development Authority Act amended ....... 4310
Charter amended........................................... 3954
VETERANS
Reports, etc. of exposure to agent orange.................. 2321
VETERINARY MEDICINE
Board of Veterinary Medicine Act amended.................. 1065
VITAL RECORDS
Georgia Health Code amended................................. 723
VOCATIONAL REHABILITATION
Division of Department of Human Resources, name changed.... 833
VOTER REGISTRATION
Election Code amended...................................... 1512
Places for registration.................................... 442
W
WALKER COUNTY-H
Employees of clerk of superior court....................... 4421
Hospital authority Act amended, members.................... 4531
Small claims court created.................................. 4926
WALTON COUNTY
Business licenses, proposed amendment to the Constitution.. 2655
Small claims court Act amended.............................. 4575
2796
INDEX
WARE COUNTY
County manager, proposed amendment to the Constitution.......... 2563
WARREN COUNTY$(8
Compensation of board of commissioners.................. ....... 4515
Compensation of deputy clerk of superior court.................. 4061
Compensation of tax commissioners employees.................... 4214
WASHINGTON COUNTY^H
Compensation of commissioners, purchases, etc................... 4134
WASHINGTON COUNTY, STATE COURT OF
Compensation of judge and solicitor............................. 4103
WATER
Georgia Water Quality Control Act............................... 2304
Ground Water Use Act of 1972 amended............................ 2306
WAYCROSS, CITY OF-H
See also Tabular IndexMunicipalitiesHome Rule Amendments.
Land conveyance, referendum .................................... 4611
WAYCROSS PUBLIC FACILITIES AUTHORITY ACT
Repealed ....................................................... 3925
WAYNE COUNTY
Board of commissioners, referendum.............................. 4717
Election of board of commissioners, referendum.................. 3789
WEBSTER COUNTY
Commissioners expenses......................................... 3892
Compensation of tax commissioner, etc. ......................... 3894
WHEELER COUNTY
Board of education, referendum.................................. 4126
Employees of clerk of superior court............................ 4120
Sheriffs employees.............................................. 4122
Tax commissioners compensation................................. 4124
Tax commissioners employees.................................... 4118
WHITFIELD COUNTY^- f1
Compensation of clerk of superior court and judge of
probate court............................................... 4288
Coroners compensation.......................................... 4291
Homestead exemptions, proposed amendment to the Constitution.- . 2576
Judge of superior court to sit as juvenile court judge ......... 509
Merit system of personnel administration, proposed amendment
to the Constitution......................................... 2595
INDEX
2797
WILCOX COUNTY,
Sheriffs salary.......................................... 3590
WINERIES
Taxation .............................................. . 1111
WIRETAPPING, ETC.
Surveillance devices, etc.................................. 2319
WITNESS FEES
Peace officers............................................. 982
WORKERS COMPENSATION ACT
Amended................................................ 2360, 2485
WORKERS COMPENSATION
Insurance.................................................. 644
WORLD CONGRESS CENTER
Geo. L. Smith II World Congress Center Act amended......... 1122
WORLD FEDERATION RESOLUTION OF 1946
Repealed.................................................. 1321
WORTH COUNTY
Board of commissioners, referendum........................ 3715
2798
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
34,240
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
1960
13,246
6,188
8,359
4,543
34,064
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
4,551
46,365
6,545
114,174
21,953
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
I
I960
14,003
7,362
8,940
5,962
29,706
6,935
13,116
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
I
I
19 UO
14.497
7,093
8,096
7,344
24,190
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
5,910
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
10,063
18,679
19SO
13,314
6.894
7,066
7,818
22,878
9,703
12,401
25,364
13,047
14,646
77,042
9,133
6.895
21,330
6,952
26,509
29,224
9,345
10,576
6,338
9,903
8,991
34.272
9,421
4,381
105,431
8,894
16.407
20,003
25,613
6,943
10,260
7,016
35.408
19,739
30.622
8,793
11,311
26,127
7,020
17,343
4,146
3,602
23.622
70,278
21,599
18,026
22,306
9,461
18.273
County
Echols
Effingham
Elbert
Emanuel
Evans
Fannin
Fayette
Floyd
Forsyth
Franklin
Fulton
Gilmer
Glascotk
Glynn
Gordon
Grady
Greene
Gwinnett
Habersham
Hall
Hancock
Haralson
Harris
Hart
Heard
Henry
Houston
Irwin
Jackson
Jasper
Jeff Davis
Jefferson
Jenkins
Johnson
Jones
Lamar
Lanier
Laurens
Lee
Liberty
Lincoln
Long
Lowndes
Lumpkin
McDuffie
McIntosh
Macon
Madison
Marion
Meriwether
INDEX
| 1980
2,297
I 18,327
I 18,758
H 20,795
I 8,428
| 14,748
E|< 29,043
| 79,800
I 27,958
I ^ 15,185
I 589,904
*1* 11,110
I 2,382
I 54,981
I 19,845
[ 11,391
I 166,903
I 25,020
I 75,649
I
9,466
18,422
15,464
18,585
6,520
36,309
77,605
8,988
25,343
7,553
11,473
j 18,403
8,841
.! 8,660 I
!l 16,679 I
| 12,215
I 5,654
I 36,990
I 11,684
I 37,583
I
| 6,949
4,524
| 67,972
| 10,762
18,546
8,046
| 14,003
| 17,747
5,297
I 21,229
| 1970
1,924
| 13,632
(' 17,262
I 18,357
f 7,290
13,357
I 11,364
| 73,742
| 16,928
| 12,784
|v605,210
| 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
17,669
5,895
3,746
55,112
8.728
15,276
7,371
H 12,933
13,517
I 5,099
1 19.461
| 1960
Si 1.876
| 10,144
| 17,835
| 17,815
| 6,952
| 13,620
8,199
| 69,130
M 12,170
I 13,274
| 556,326
| 8,922
| 2,672
| 41,954
| 19,228
18,015
| 11,193
43,541
| 18,116
| 49,739
| 9,979
I 14,543
| 11,167
15,229
| 5,333
| 17,619
II 39,154
I 9,211
HI 18,499
HI 6,135
I 8,914
H 17,468
1 9,148
| 8,048
| 8,468
| 10,240
5,097
| 32,313
H 6,204
Ej 14,487
I 5,906
| 3,874
M 49,270
I 7,241
12,627
6,364
HI 13,170
| 11,246
I 6,477 |
| 19,756 |
1950 |
I 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
j 18,928
| 12,843
| 32,320
HI 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
| 22,065
2799
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
8,328
8,153
7,847
4,180
29,994
4,927
9,014
5,763
16,643
14,921
6,968
22,437
2800
INDEX
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
1980
7,038
21,114
14,610
7,011
11,572
19,685
170,108
34,439
12,427
8,929
26.042
19,151
11,652
11,897
8,937
32,386
8,950
10,295
2,357
10,466
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
1970 | 1960
6,424 | 6.908
1950 |
9,023 j
18,956
10,991
6,099
9,904
12,986
167,377
26,282
7,915
7,598
17,520
15,990
9,620
9,281
7,316
29,656
8,066
8,394
2,180
8,327
8,734
162,437
18,152
3,097
12,591
7.059
39,514
20,331
6,511
26,931
6,625
2,423
16.557
7,865
11.394
11,416
34,562
27,288
19,151
4,565
5,647
44,466
8,790
8,222
6,811
23,505
50,691
23,404
33,525
n
n
19.652
10,495
6,284
10,280
10,447
158,623
20,999
6,304
7,926
13,101
13,846
8,903
9,678
7,138
28,016
8,204
7,798
2,432
7,456
11,078
135,601
10,572
3,256
14,919
6,802
35,404
18,391
7,371
24.652
7,127
3,370
15.837
8,311
11,715
12,742
34,319
23,487
16.837
4,538
5,874
47,189
8,439
7,935
6,510
23,800
45,264
20,481
34,219
22,528
10,523
7,901
11,899
10,676
118,028
20,185
7,009
9,958
11,752
11,705
8,855
11,112
8,459
30,976
8,808
7,731
3,015
7,424
13,804
108,876
8,464
4,036
18,000 |
7,904 |
31,045 |
16,647 <T
9,194 |
H
24,208
7,687 |
4,515 !
15,939 I
9,113
H
13,221
14,314
33,932
22,645
I
I
I
I
17,382 |
MR i
4,803 |
6,522 |
49,841
10,479 |
8,308 |
7,318 |
25,078 |
38,198 i|
20,230
30,289
19 AO
9,998
23,261
10,749
9,668
12,713
1-.137
75,494
18,576
7,576
12,430
12,832
10,378
9,136
11,800
10,376
28,467
9,829
8,514
3,435
7,821
16,609
81,863
7,724
5,033
20,353
8,492
28,427
12,972
10,603
24,502
8,141
6,278
16,243
10,768
15,145
16,675
31,289
18,599
16,952
4,925
7,632
43,879
10,846
9,117
7,680
25,064
31.024
20,777
27,929
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
10,863
25,141
9,005
8,367
3,820
6,331
17,174
72,990
7,247
6,347
20,503
7,389
23,495
11,740
11,114
26,800
8,458
6,172
16,411
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
INDEX
2801
. 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 !i,:
2,362 I
4,596 I
n
7,742
55,108 |
6,998 I
10,184 !
9,393 I
14,770 I
I
1960 I
7,360 |
18,903 |
17,921 |
3,247
5,342
6,935
42,109 |
7,905 |
10,961 |
9,250 i
16,682
1950 |
8,779 |
21,012 I
14,248 |
4,081 I
6,712 I
I
5,951 |
34,432 \f
10,167 |
12,388 |
9,781 |
19,357 |
mo i
10,236 I
24,230
13,122 i
4,726 I
8,536 |
' ' I
6,417 |
26,105 I
12,755 |
15,084 i
11,025 |
21,374 |
I
1990
11,181
25,030
12,647
5,032
9,149
6,056
20,808
13,439
15,944
10,844
21,094
15,464,265 4,589,575 | 3,943,116 | 3,444,578 | 3,123,723 | 2,908,506
POPULATION NUMERICALLY LISTED
ACCORDING TO 1980 CENSUS
County Population
Taliaferro.................. 2,032
Echols...................... 2,297
Webster..................... 2,341
Quitman..................... 2,357
Glascock.................... 2,382
Schley...................... 3,433
Clay........................ 3,553
Baker ...................... 3,808
Long........................ 4,524
Dawson...................... 4,774
Wheeler..................... 5,155
Marion...................... 5,297
Towns....................... 5,638
Lanier...................... 5,654
Calhoun..................... 5,717
Stewart..................... 5,896
Treutlen.................... 6,087
Atkinson.................... 6,141
Heard 6,520
Talbot 6,534
Warren...................... 6,583
Clinch 6,660
Lincoln..................... 6,949
Montgomery ................. 7,011
Miller...................... 7,038
Charlton.................... 7,343
Candler..................... 7,518
Jasper...................... 7,553
Wilcox...................... 7,682
Crawford ................... 7,684
Taylor...................... 7,902
McIntosh.................... 8,046
Evans....................... 8,428
Johnson..................... 8,660
Brantley.................... 8,701
Banks....................... 8,702
Jenkins..................... 8,841
Oglethorpe.................. 8,929
Pike........................ 8,937
Pulaski..................... 8,950
Irwin....................... 8,988
Seminole.................... 9,057
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
. .. 13,666
. 14,003
14,043
14,610
.... 14,748
. . 16,185
15,255
15,464
.... 15,565
.. 16,000
16,579
2802
INDEX
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
66,780
.... 67,972
74,498
. 75,649
77,606
.... 79,800
. 100,978
150,357
151,086
.... 166,903
. . 170,108
. .. . 181,629
202,226
297,694
483,024
.689,904
5,464,265
MEMBERS OF THE GENERAL ASSEMBLY
2803
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
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
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
2804
MEMBERS OF THE GENERAL ASSEMBLY
County
Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
Screven
Seminole
Spalding
Stephens
Stewart
Sumter
Talbot
Taliaferro
Tattnall
Taylor
Telfair
Terrell
Thomas
Tift
GEORGIA STATE SENATE
Senatorial
District
County
Senatorial
District
Toombs
Towns
Treutlen
Troup
Turner
Twiggs
Union
Upson
Walker
Walton
Ware
Warren
Washington
Wayne
Webster
Wheeler
White
Whitfield
Wilcox
Wilkes
Wilkinson
Worth
MEMBERS OF THE GENERAL ASSEMBLY
2805
SENATORS OF GEORGIA
ALPHABETICALLY ARRANGED ACCORDING TO
NAMES, WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1980-1981
District
Name
Address
22Thomas F. Allgood...................712 Montrose Ct., Augusta 30904
45__w. D. (Don) Ballard.............1122 Monticello St., Covington 30209
18__Ed Barker....................... P-O. Box KK, Warner Robins 31099
33___Roy E. Barnes.................. . 639 Mar an Lane, Mableton 30059
5Robert H. (Bob) Bell....... 2535 Henderson Mill Rd. N.E., Atlanta 30345
39 Julian Bond.....................361 Westview Dr. S.W., Atlanta 30310
13Rooney 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 Engrain..........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
6Bill Littlefield......................P.O. Box 833, Brunswick 31520
24 Sam P. McGill...................P.O. Box 520, Washington 30673
14Lewis 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
2806
MEMBERS OF THE GENERAL ASSEMBLY
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 Weasels ....
............... 1071 Yemassee Trail,
Stone Mountain 30083
........P.O. Box 499, LaFayette 30728
........Route 1, Norman Park 31771
.....621 Lilia Dr. S.W., Atlanta 30310
........ P.O. Box 1045, Smyrna 30080
. .. 132 S. Woodlawn St., Blakely 31723
..........P.O. Box 68, Climax 31734
........ P.O. Box 157, Valdosta 31601
3781 Watkins Place N.E., Atlanta 30319
..........P.O. Box 461, McRae 31055
........P.O. Box 187, Savannah 31402
MEMBERS OF THE GENERAL ASSEMBLY
2807
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 Weasels..............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 Mar an 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
2808
MEMBERS OF THE GENERAL ASSEMBLY
46 Paul Collins Broun.......
47 M. Parks Brown...........
48 Steve Reynolds............
49 J. Nathan Deal............
50 John C. Foster...........
51 Max Brannon..............
52 Dan H. Fincher..........
53 E. G. Summers............
54 W. W. (Bill) Fincher, Jr. ..
55 Lawrence (Bud) Stumbaugh
56 Haskew H. Brantley, Jr. ...
....... 165 Pulaski St., Athens 30601
.......P.O. Box 37, Hartwell 30643
. . 297 Craig Drive, Lawrenceville 30245
.....P.O. Box 2522, Gainesville 30503
.......P.O. Box 100, Cornelia 30531
.......P.O. Box 1027, Calhoun 30701
. 1392 Horseleg Creek Rd., Rome 30161
.....P.O. Box 499, LaFayette 30728
... P.O. Drawer 400, Chatsworth 30705
................ 1071 Yemassee Trail,
Stone Mountain 30083
.....P.O. Box 605, Alpharetta, 30201
MEMBERS OF THE GENERAL ASSEMBLY
2809
GEORGIA HOUSE OF REPRESENTATIVES
County
Houto
Oi strict
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
136,136
1,6
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
2810
MEMBERS OF THE GENERAL ASSEMBLY
GEORGIA HOUSE OF REPRESENTATIVES
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
County
House
District
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
1,6,6
75
150,151
76
105
138
111
120
4,11
3,6
117
76
108
136
MEMBERS OF THE GENERAL ASSEMBLY
2811
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 3...Wendell T. Anderson ....
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
RFD 4
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
2812
MEMBERS OF THE GENERAL ASSEMBLY
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.......
16 .........E. M. (Buddy) Childers.......
51...........Mrs. Mobley (Peggy) Childs ..
66...........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.............
160..........Tom Croeby, Jr...............
98...........Bryant Culpepper.............
17 .........Bill Cummings ...............
19-Poet 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.
Roc km art 30153
P.O. Box 997
Marietta 30061
.202 Daugherty Building
15 Chestnut St., S.W.
Atlanta 30314
MEMBERS OF THE GENERAL ASSEMBLY
2813
99 Burl Davis......................740 Mulberry St.
Macon 31201
45 J. Max Davis....................1177 W. Nancy Creek
Dr., N.E.
Atlanta 30319
124 Lamar W. Davis, Jr............P.O. Box 1567
Savannah 31402
29.............Douglas C. Dean.................356 Arthur St. S.W.
Atlanta 30310
85.............R. A. Dent......................1120 Pine St.
Augusta 30901
151............Harry Dixon ....................1303 Coral Rd.
Waycross 31501
74 Denny M. Dobbs .................125 Hardwick Dr.-Almon
Covington 30209
11.............Bill Dover...................... Timbrook
Hollywood 30523
110............Ward Edwards ...................P-O. Box 146
Butler 31006
49 Ewell H. (Hank) Elliott.........411 Decatur Federal
Bldg.
Decatur 30030
84 ............Warren D. Evans.................P.O. Box 539
Thomson 30824
22 Mrs. Dorothy Felton.............465 Tanacrest Dr. N.W.
Sandy Springs 30328
71-Post 1 James R. (Jim) Fortune, Jr......683 Brook Circle
Griffin 30223
6-Post 2 R. L. (Shorty) Foster...........4899 Tibbs Bridge Rd.,
S.E., Dalton 30720
27..........Cynthia Fuller..................742 Myrtle St., N.E., #9
Atlanta 30308
97..........Mary Jane Galer.................7236 Lullwater Rd.
Columbus 31904
122............Ronald E. (Ron) Ginsberg P.O. Box 10105
14 E. State St.
Savannah 31412
32..........Mildred Glover..................735 Lawton St. S.W.
Atlanta 30310
82..........John F. Godbee .................401 Lane St.
Brooklet 30415
43-Post 3 John W. Greer 802 Healey Building
Atlanta 30303
80 Benson Ham......................20 E. Main St.
Forsyth 31029
31 Mrs. Grace T. Hamilton..........682 University Place
N.W., Atlanta 30314
130............Bob Hanner......................Route 1
Parrott 31777
8-Post 1...Joe Frank Harris................712 West Ave.
Cartersville 30120
2814
MEMBERS OF THE GENERAL ASSEMBLY
20-Post 2 Carl Harrison .............
8- Post 2..W. G. (Bill) Hasty, Sr.....
50............John Hawkins...............
1-Post 2....Forest Hays, Jr............
127...........Bobby L. Hill..............
39 ..........Bob Holmes.................
116 .........George Hooks...............
104...........Frank Horne................
133...........R. S. (Dick) Hutchinson ....
10 . .........Jack Irvin, Sr.............
20-Post 1.....Johnny Isakson.............
9- Post 3..Jerry D. Jackson.........
75............Neal Jackson...............
77 ..........Wm. S. (Bill) Jackson......
117 .........Ben Jessup...............
66-Post 1.....Gerald Johnson.............
72-Post 4...Rudolph Johnson..........
78 .......William Bailey Jones.....
126...........Herbert Jones, Jr........
106...........Randolph C. (Randy) Karrh
139...........Renfe D. Kemp............
65..........Thomas (Mac) Kilgore.......
112...........E. Roy Lambert...........
40 .......Dick Lane .................
81..........Bob Lane.................
9-Post 2....Bobby Lawson...............
P.O. Box 1374
Marietta 30061
Route 8, Hilton Dr.
Canton 30114
1360 Harvard Rd. N.E.
Atlanta 30306
Route 3, St. Elmo
Chattanooga, TN 37409
923 West 37th St.
Savannah 31401
2073 Cascade Rd. S.W.
Atlanta 30311
P.O. Box 928
Americus 31709
612 Georgia Power Bldg.
Macon 31201
.915 Sixth Ave.
Albany 31701
Route 1, Box 217
Baldwin 30511
5074 Hampton Farms Dr.
Marietta 30067
P.O. Box 7275
Chestnut Mountain
30502
.316 N. Broad St.
Monroe 30655
. 3907 Washington Rd.
Martinez 30907
P.O. Box 468
Cochran 31014
P.O. Box 815
Carrollton 30117
5888 Jonesboro Rd.
Morrow 30260
P.O. Box 3933
Jackson 30233
.413 Arlington Rd.
Savannah 31406
P.O. Drawer K
Swainsboro 30401
P.O. Box 497
Hinesville 31313
. 1992 Tara Circle
Douglasville 30135
.543 North Main St.
Madison 30650
.2704 Humphries St.
East Point 30344
.105 Wilton Dr.
Statesboro 30458
P.O. Box 53
Gainesville 30503
MEMBERS OF THE GENERAL ASSEMBLY
2815
72-Post 1 Wm. J. (Bill) Lee................6325 Hillside Dr.
Forest Park 30050
62 Hugh Logan.......................1328 Prince Ave.
Athens 30601
142 Bobby Long.......................6th St., N.W.
Cairo 31728
105..........Jimmy Lord.......................P.O. Box 254
Sandersville 31082
43-Post 2....Bettye Lowe .....................591 W. Paces Ferry Rd.
N.W., Atlanta 30305
102..........David E. Lucas...................448 Woolfolk St.
Macon 31201
56-Post 1....Wm. C. (Bill) Mangum, Jr.........4320 Pleasant Forest Dr.
Decatur 30034
13-Post 3....Charles C. Mann .................238 Elbert St.
Elberton 30635
26...........Sidney J. Marcus.................845 Canterbury Rd., N.E.
Atlanta 30324
60 Charles Martin...................470 Hill St.
Buford 30518
145..........Hugh D. Matthews ................Route 1, Box 913
Moultrie 31768
134..........T. Hayward (Mac) McCollum 5608 Spring Flats Rd.
Albany 31705
12...........Lauren (Bubba) McDonald, Jr....Route 2, Box 408-A
Commerce 30529
35...........J. E. (Billy) McKinney...........765 Shorter Terrace
N.W., Atlanta 30318
107..........John David Miles.................P.O. Box 345
Metter 30439
13-Post 2.....Billy Milford...................Route 3
Hartwell 30643
138-Post 1....Lundsford Moody.................P.O. Box 32
Baxley 31513
152-Post 1....James C. Moore..................Route 2
West Green 31567
71-Post 2.....John L. Mostiler................150 Meadovista Dr.
Griffin 30223
69............Edwin G. (Ed) Mullinax..........P.O. Drawer 1649
LaGrange 30241
18............Thomas B. Murphy................P.O. Box 163
Bremen 30110
88............Sam Nicholson...................1762 Davidson Dr.
Augusta 30904
20-Post 3.....Ken Nix.........................3878 Manson Ave.
Smyrna 30080
121...........Clinton Oliver..................P.O. Box 237
Glennville 30427
86............Mike Padgett....................Route 1, Box 5
Augusta 30906
109 Bobby E. Parham.................P.O. Box 606
Milledgeville 31061
149...........Robert L. (Bob) Patten .........Route 1, Box 180
Lakeland 31635
2816
MEMBERS OF THE GENERAL ASSEMBLY
146-Post 1....Edmond Lewis Perry..........
2 ........Robert G. (Bob) Peters......
125...........Bobby Phillips .............
120...........L. L. (Pete) Phillips
59............R. T. (Tom) Phillips.......
91............W. Randolph (Randy) Phillips
41............Greg Pilewicz...............
100 ........Frank C. Pinkston...........
135 .........Howard H. Rainey............
7..........Ernest Ralston .............
3 ........Thomas P. (Tom) Ramsey III
101 ........William C. (Billy) Randall
147...........Henry L. Reaves.............
52............Eleanor L. Richardson ......
58............Cas M. Robinson............
93............Charles P. Rose ............
76............Ben Barron Ross ............
119...........J. Roy Rowland .............
64............John Russell ...............
25............John Savage.................
123...........Albert (Al) Scott ..........
37............David Scott.................
67............J. Neal Shepard, Jr.........
143...........R. Allen Sherrod ...........
136 ........Ear lee n Sizemore..........
Route 2
Adel Rd.
Nashville 31639
P.O. Box 550
Ringgold 30736
9219 Melody Dr.
Savannah 31406
Box 166
Soperton 30457
1703 Pounds Rd.
(Mountain Park,
Gwinnett Co.)
Stone Mountain 30087
Route 1
Shiloh 31826
.2307 Plantation Dr.
East Point 30344
.773 Mulberry St.
Macon 31201
913 Third Ave. E.
Cordele 31015
P.O. Box 623
Calhoun 30701
P.O. Box 1130
Chatsworth 30705
P.O. Box 121
Macon 31202
Route 2
Quitman 31643
.755 Park Lane
Decatur 30033
4720 Fellswood Dr.
Stone Mountain 30083
.3821 Commander Dr.
Columbus 31903
P.O. Box 245
Lincolnton 30817
103 Woodridge Rd.
Dublin 31021
P.O. Box 588
Winder 30680
.69 Inman Circle N.E.
Atlanta 30309
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
MEMBERS OF THE GENERAL ASSEMBLY
2817
152-Post 2
42
92
1-Post 1
46
90
66-Post 2
19-Post 2
24
128
153
4-Post 2
53
57
146-Post 2
113
115
61
68
114
132
44.......
48.......
54 .....
6-Poet 1
19-Post 1
72-Post 3
Tommy Smith ....................Route 1
Alma 31510
Virlyn B. Smith.................330 Rivertown Rd.
Fairburn 30213
Calvin Smyre....................P.O. Boi 181
Columbus 31902
Wayne Snow, Jr..................P.O. Box 26
Rossville 30741
Cathey W. Steinberg.............1732 Dunwoody Place
N.E., Atlanta 30324
David Swann.....................804 Camellia Rd.
Augusta 30909
Charles Thomas..................P.O. Box 686
Temple 30179
Steve Thompson..................4265 Bradley Dr.
Austell 30001
Kiliaen V. R. (Kil) Townsend....1701 Northside Dr. N.W.
Atlanta 30318
Tom Triplett....................P.O. Box 9586
Savannah 31402
James R. (Jim) Tuten, Jr........528 Newcastle St.
Brunswick 31520
Ralph Twiggs ...................P.O. Box 432
Hiawassee 30546
Doug Vandiford .................3201 Kensington Rd.
Avondale Estates 30002
Clarence R. Vaughn, Jr..........P.O. Box 410
Conyers 30207
Monty Veazey....................P.O. Box 1572
Tifton 31794
Ted W. Waddle ..................113 Tanglewood Dr.
Warner Robins 31093
Larry Walker....................P.O. Box 1234
Perry 31069
Vinson Wall.....................164 E. Oak St.
Lawrenceville 30256
J. Crawford Ware................P.O. Box 305
Hogansville 30230
Roy H. (Sonny) Watson, Jr.......P.O. Box 1905
Warner Robins 31099
John White......................P.O. Box 3506
Albany 31706
Bruce Widener...................P.O. Box 88866
Dunwoody 30338
. . Betty Jo Williams ..........2024 Castleway Dr.
N.E., Atlanta 30345
.. Rev. Hosea L. Williams ......8 East Lake Dr. N.E.
Atlanta 30317
. Roger Williams................132 Huntington Rd.
Dalton 30720
. Joe Mack Wilson...............77 Church St.
Marietta 30060
. Jim Wood......................5676 Sequoia Dr.
Forest Park 30050
2818
MEMBERS OF THE GENERAL ASSEMBLY
9-Post 1 Joe T. Wood P.O. Box 1417
Gainesville 30503
56-Post 3....Ken Workman........................3383 Hyland Dr.
Decatur 30032
MEMBERS OF THE GENERAL ASSEMBLY
2819
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
2820
MEMBERS OF THE GENERAL ASSEMBLY
15............E. M. (Buddy) Childers............15 Kirkwood St.
Rome 30161
16 .........Vacant
17 .........Bill Cummings .............
18 .........Thomas B. Murphy........
19-Post 1....Joe Mack Wilson............
19-Poet 2....Steve Thompson.............
19- Poet 3..George W. (Buddy) Darden
20- Poet 1..Johnny Isakson.............
20-Poet 2....Carl Harrison .............
20- Poet 3..Ken Nix....................
21- Poet 1..Fred Aiken.................
21-Poet 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............
SO...........Paul Bolster...............
31 .........Mrs. Grace T. Hamilton.....
32 .........Mildred Glover.............
Route 1J 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
33 ........J. C. (Julius C.) Daugherty, Sr. .. .202 Daugherty Building
15 Chestnut St., S.W.
Atlanta 30314
34 ........Tyrone Brooks ....................Station A
P.O. Box 11025
Atlanta 30310
MEMBERS OF THE GENERAL ASSEMBLY
2821
35 . .
36 . . .
37 .........
38 .........
39 .........
40 .........
41 .........
42 .........
43-Post 1
43-Post 2. .
43-Post 3. .
44 ........
45 ........
46 ........
47 ........
48
49 ......
50 .......
51 .......
52 ......
53 .......
54
55 .......
56-Post 1
56-Post 2.
56-Post 3
J. E. (Billy) McKinney
.....765 Shorter Terrace
N.W., Atlanta 30318
G. D. Adams................ ....532 St. Johns Ave.
Atlanta 30315
David Scott.....................190 Wendell Dr. S.E.
Atlanta 30315
Lorenzo Benn....................579 Fielding Lane, S.W.
Atlanta 30311
Bob Holmes......................2073 Cascade Rd. S.W.
Atlanta 30311
Dick Lane ......................2704 Humphries St.
East Point 30344
Greg Pilewicz...................2307 Plantation Dr.
East Point 30344
, . Virlyn B. Smith...............330 Rivertown Rd.
Fairburn 30213
Barbara H. Couch................2864 W. Roxboro Rd.,
N.E., Atlanta 30324
Bettye Lowe ....................591 W. Paces Ferry Rd.
N.W., Atlanta 30305
John W. Greer ..................802 Healey Building
Atlanta 30303
Bruce Widener...................p-0- Box 88866
Dunwoody 30338
J. Max Davis....................H W. Nancy Creek
Dr., N.E.
Atlanta 30319
Cathey W. Steinberg 1732 Dunwoody Place
N.E., Atlanta 30324
Joe Burton......................2598 Woodwardia Rd.
N.E., Atlanta 30345
Betty Jo Williams ..............2024 Castleway Dr.
N.E., Atlanta 30345
Ewell H. (Hank) Elliott 411 Decatur Federal
Bldg.
Decatur 30030
John Hawkins....................1360 Harvard Rd. N.E.
Atlanta 30306
Mrs. Mobley (Peggy) Childs 520 Westchester Dr.
Decatur 30030
Eleanor L. Richardson 755 Park Lane
Decatpr 30033
........3201 Kensington Rd.
Avondale Estates 30002
Rev. Hosea L. Williams 8 East Lake Dr. N.E.
Atlanta 30317
Betty J. Clark p 0- Bo* 17852
y Atlanta 30316
Wm. C. (Bill) Mangum, Jr........4320 Pleasant Forest Dr.
Decatur 30034
3920 Johns Hopkins Ct.
Decatur 30034

Doug Vandiford
Betty Aaron
2822
MEMBERS OF THE GENERAL ASSEMBLY
57 ...........Clarence R. Vaughn, Jr...........P.O. Box 410
Conyers 30207
58 ...........Cas M. Robinson..................4720 Fellswood Dr.
Stone Mountain 30083
59 R. T. (Tom) Phillips 1703 Pounds Rd.
(Mountain Park,
Gwinnett Co.)
Stone Mountain 30087
60 ..........Charles Martin....................470 Hill St.
Buford 30518
61 ..........Vinson Wall.......................164 E. Oak St.
Lawrenceville 30256
62 Hugh Logan.......................1328 Prince Ave.
Athens 30601
63 ..........Bob Argo..........................P-O. Box 509
Athens 30603
64 ......John Russell......................P-O. Box 588
Winder 30680
65 Thomas (Mac) Kilgore 1992 Tara Circle
Douglasville 30135
66-Post 1....Gerald Johnson...................P-O. Box 815
Carrollton 30117
66-Post 2....Charles Thomas...................P-O. Box 686
Temple 30179
67 .........J. Neal Shepard, Jr..............21 Fifth St.
Newnan 30263
68 ........J. Crawford Ware.................P-O. Box 305
Hogansville 30230
69 Edwin G. (Ed) Mullinax...........P.O. Drawer 1649
LaGrange 30241
70 .........Claude A. Bray, Jr...............617 Mayes Way
Manchester 31816
71-Post 1....James R. (Jim) Fortune, Jr.......683 Brook Circle
Griffin 30223
71- Post 2 John L. Mostiler 150 Meadovista Dr.
Griffin 30223
72- Post 1..Wm. J. (Bill) Lee 5325 Hillside Dr.
Forest Park 30050
72-Post 2 Jimmy Benefield 6656 Morning Dove Place
Jonesboro 30236
72-Post 3 Jim Wood.........................5676 Sequoia Dr.
,,,,, Forest Park 30050
72-Post 4....Rudolph Johnson..................5888 Jonesboro Rd.
Morrow 30260
73 .........G. Richard Chamberlin............P-O. Box 378
Stockbridge 30281
74 Denny M. Dobbs ..................125 Hardwick Dr.-Almon
Covington 30209
75 .........Neal Jackson.....................316 N. Broad St.
Monroe 30655
76 .........Ben Barron Ross .................P-O. Box 245
Lincolnton 30817
77 Wm. S. (BiU) Jackson 3907 Washington Rd.
Martinez 30907
MEMBERS OF THE GENERAL ASSEMBLY
2823
78 .........William Bailey Jones...........P.0. Box 3933
Jackson 30233
79 .........Marvin Adams ..................709 Greenwood Rd.
Thomaston 30286
80 .........Benson Ham.....................20 E. Main St.
Forsyth 31029
81 .........Bob Lane.......................105 Wilton Dr.
Statesboro 30458
82 .........John F. Godbee ................401 Lane St.
Brooklet 30415
83 .........Emory E. Bargeron..............P.O. Box 447
Louisville 30434
84 .........Warren D. Evans................P.O. Box 539
Thomson 30824
85 .........R. A. Dent.....................1120 Pine St.
Augusta 30901
86 .........Mike Padgett...................Route 1, Box 5
Augusta 30906
87 .........Jack Connell...................P.O. Box 308
Augusta 30903
88 .........Sam Nicholson..................1762 Davidson Dr.
Augusta 30904
89 .........Donald E. (Don) Cheeks.........714 Westminster Court
Augusta 30909
90 .........David Swann....................804 Camellia Rd.
Augusta 30909
91 .........W. Randolph (Randy) Phillips .. Route 1
Shiloh 31826
92 .........Calvin SmyTe...................P.O. Box 181
Columbus 31902
93 .........Charles P. Rose ...............3821 Commander Dr.
Columbus 31903
94 .........Sanford D. Bishop, Jr..........P.O. Box 709
Columbus 31902
95 Thomas B. Buck, III P.O. Box 196
Columbus 31902
96 .........Gary C. Cason..................3128 College Dr.
Columbus 31907
97 .........Mary Jane Galer................7236 Lullwater Rd.
Columbus 31904
98 .........Bryant Culpepper...............P O. Box 490
Fort Valley 31030
99 .........Burl Davis.....................740 Mulberry St.
Macon 31201
100 ........Frank C. Pinkston..............773 Mulberry St.
Macon 31201
101 ........William C. (Billy) Randall P.O. Box 121
Macon 31202
102 ........David E. Lucas.................448 Woolfolk St.
Macon 31201
103 ........Kenneth Wilson Birdsong .......Route 1
Gordon 31031
104 ........Frank Horne 612 Georgia Power Bldg.
Macon 31201
2824 MEMBERS OF THE GENERAL ASSEMBLY
105
106
107
108
109 .
110
111
112
113
114
115
116
117 ..
118
119
120
121
122
123
124
125
126
127
128
129 .
130 .
Jimmy Lord..............
Randolph C. (Randy) Karrh
John David Miles
Wilbur E. Baugh
. Bobby E. Parham.........
Ward Edwards .............
Don Castleberry...........
E. Roy Lambert............
Ted W. Waddle
Roy H. (Sonny) Watson, Jr.
Larry Walker..............
George Hooks..............
. Ben Jessup..............
Terry L. Coleman..........
. J. Roy Rowland .........
. L. L. (Pete) Phillips ..
. Clinton Oliver..........
Ronald E. (Ron) Ginsberg
Albert (Al) Scott ........
. Lamar W. Davis, Jr......
. Bobby Phillips .........
Herbert Jones, Jr.........
Bobby L. Hill.............
. . Tom Triplett..........
. George A. Chance, Jr....
. . 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
MEMBERS OF THE GENERAL ASSEMBLY
2825
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-Poet 2....Roger C. Byrd..............
139 ........Renfe 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.
Waycross 31501
1303 Coral Rd.
Waycross 31501
Route 2
West Green 31567
Route 1
Alma 31510
528 Newcastle St.
Brunswick 31520
2826
MEMBERS OF THE GENERAL ASSEMBLY
154
Dean A. Auten .................628 King Cotton Row
Brunswick 31520
RESULTS OF REFERENDUM ELECTIONS
2827
STATUS OF REFERENDUM
ELECTIONS FOR THE YEARS
1953 THROUGH 1981
Election
Referendums Results Not Final
Georgia Laws Proposed
1963 (Jan./Feb.) 14
1963 (Nov./Dec.) .......... 21
1965 17
1966 39
1967 24
1968 .................... 46
1969 34
1960 47
1961 27
1962 38
1963 39
1964 36
1964 Ex. Sess. 9
1965 23
1966 ..................... 26
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
1981 ..................... 10
TOTALS............... 907
Not Khok')i 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
6 38
3
1 1 62
1 2 18
1 1 23
1 1 31
1
2 24
13
1 24
5
4 18
2 8
42 49 816
REFERENDUM ELECTIONS1953-1976
2828
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
2829
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2830
RESULTS OF REFERENDUM ELECTIONS
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Georgia Laws, IMS:
RESULTS OF REFERENDUM ELECTIONS
2831
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2832
RESULTS OF REFERENDUM ELECTIONS

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RESULTS OF REFERENDUM ELECTIONS
2833
2834
RESULTS OF REFERENDUM ELECTIONS
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Georgia Law*, 1956:
RESULTS OF REFERENDUM ELECTIONS
2835
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Georgia Lawe. 1057:
RESULTS OF REFERENDUM ELECTIONS
2837
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2838
RESULTS OF REFERENDUM ELECTIONS
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Georgia Laws, 1958
RESULTS OF REFERENDUM ELECTIONS
2839
lO <V IQ
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t-oioai tm.ti bxw se.- taS &SS M
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I I I I tht>*2co^o>!2o>wo!S^
g&s&^as^gja^sa"
t* <>*<<-3 I I I o I o
L O o^O 0^0 o
Pfa fafa fcgfe fe
woo com 5j E
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BaBl
Georgia Law, 1958
2840
RESULTS OF REFERENDUM ELECTIONS
0
05
lO 05
04 X
O)
c
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fa <

PH
H
O

CO
D
GQ
0 .
bo O
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0
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bo
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W
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3
02
W
o
s
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c c
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PQ O
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3
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a
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bo
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s
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0
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g
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0
is
c
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04 04
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04 CO
X
03
CO
04
03
04
X 04 X
04 X 04
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0
0
Q
0
a
0
a
c
0
a
0
3
0
o
c
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o
2 fa
Georgia Laws, 1968:
RESULTS OF REFERENDUM ELECTIONS
2841
V
05
g
INI g*
S&oSgSar
uO i-
o few
tw IS
o o

OW
..KJNt* C^J H 2
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I I 11
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s'? sss^chc
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00
00
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6
5
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flg

o
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ao oa
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CO oa Cl
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to

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c
9
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4)
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oa ^ CO rH t-o .1
c- io d r> d c C
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gfc
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PQ
Georgia Law, 1959:
2842 RESULTS OF REFERENDUM ELECTIONS
a>NOOOOMMO>^OOOOtOOeQOt<*OONHlCO)'<)'iOOHU)l>eOO
T* HW5DONOHCO rH Tj H HIOOO IOH H H
C- T* rH Tj* lO kQ t- Tf t>
I I if I 17 I I I I I I I I i I I I I I II1II I III
s&ssgs&s,s,s&s&s&omS&s&s&oo&

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00 00 00 00
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5
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66
3
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Georgia Laws, 1959:
RESULTS OF REFERENDUM ELECTIONS
2843
HOl^COHCOTl'OOONNlONHNiO
Tj'COOMrJ'OHIMOtOOOTl'OOlOt'
NiOOO^ONONNH r-t U5
CtdPtdCtjCijCL
5)&0&<IO&flO
o bto ^Oo _ . _ . _
& O tfl
M C
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||
E-
O
w
n
CQ
D
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ooo a s i
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g-< *
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o
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X
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H
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H
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o
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Q
HH
O
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o
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5
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08
3
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5
<M
CO
01
01
CO
Cl
00
CO
to
Cl
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00 c-
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Cl Cl
^ -4J
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2f o $ 9>
o
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w
3
s
C8
s
w
c
c
1
o
"3
Q
a
|=3
0) "*
s
c
3
s rS
o
2 0.
291
2844
RESULTS OF REFERENDUM ELECTIONS

5
8 i
s
o

as
i I I
M M L P
o too M
m 0
9 .
II
Qw
OO^Ot> Oi
MNHN i-HCM
COCOIOOO 00 CD
T
8 &
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5
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H
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bfi o
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S3 S3
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S3 g
g g
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00
-*- -*->
S3 S3
3 3
O O
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fH t> ID
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CM CM CM
00 l
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t> t- CO 00 c J. ? I 1-H CO CO kO pr, CM 2 C O CO t- 00
OJ CO CO H V . 00 kO CM CM 2 CM Tf CM CO
8 UUi &|1 UU
Oh
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g
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H
3 e
HP
ia Laws, 1960:
RESULTS OF REFERENDUM ELECTIONS
2845

to
W
01 <
H

bfl-P w
5
CO
C- O 2 r* i C 00 5D O r-( 1C
t>oo !2 F Ras co
ooo^ M , W)o3 o
i *r
o
WM . -J )<M o
<M _ -*->< (M * Mg
i
G l_ C
o M 5,'-v .EmOMoMoMoMo Mj *? O o
Cl l m C o 3 o
O^o ~feofc
111
g
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bt)Z o
<*>'&
s
0 55
o
21
GW
o
CO
CO
H
U
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CD
0
0
O
U
u
a
a
o
O
c
3
o
O
CL

x

5
>
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5

o
O
C8
Oh
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p
5
>>
p
5
JS
to
P
a
o
O
U
c
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0
H
lA CO
H CO
CO c*
c
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8
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1*0
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0
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3
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w
c
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a
w
c
i
m
-2
3
8
c c g
o o
-*J L-> P
i* ri
3
w
O O K
2846
RESULTS OF REFERENDUM ELECTIONS

a
3
as
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B9
OW
4 00 CO
JO)OJ
4 *H
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t*ooo
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13 C3 c 3 C3
C (h
bo O
6g 5
<!&<
O/S OfS 0(S O C( ur} t*00
K c c
. S _ I I
.2 -*-> .2 -*-> .2 .2 o io 2 oo m P
%Z,%Z%ZuZ.&,
E M m w o o
Pm
3 Cl 00
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- 05 00
M C ^
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C M
bo o
<*JIm
w w w w

S o
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H
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w
2
a
m
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6
9
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u
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3 %
9
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2
15
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CO
H
2
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9
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CO
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c-
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03
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00
X
X
03
X
X
Ol
o
o
03
o
05 05
05 05
03 03
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C
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3
c
c
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bo
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>
03
M
M
9
2
9
04
JS
Is
Dh
Agn 952
Pulaski.... 2998 Ordinary ............................ 9-14-60 For 806
Agn 949
Georgia Laws, 1960:
RESULTS OF REFERENDUM ELECTIONS
2847
Georgia Laws, 1961:
2848
RESULTS OF REFERENDUM ELECTIONS

o ** -OS
||I
.S I &. S
BHhSI
5 Ah Am c2 n!
g ri rt rice ^ co ^
'SgS8g2|&f
to. N . N , <!
Georgia Law, 1961:
RESULTS OF REFERENDUM ELECTIONS
2849
el
Qy
H
U
w
aa
3
m
2
is
>
, 4-
iU
:-C
*->
I >-
o
Z
ja
3
4> .
b6 o
0
9
O
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a
3
>
3
J3
-X
.2
5
o
>
iO
CO
I
&
<3
OJ * * T*
SE ^
I O I 9 I
M C I r* ^ rj'^lOt^W^NOOOWOW
e&S g) ,&=> -------------
.r ^ r *

JjO rH iT 2 dlT
S^sT^5
- I II II 1 II II II I
U C U C Jh C *h P We C U Sh
OwoWoOtoUonlOwO
o o
bo
c
B
s
o
o q o
@KKg
(O 50 to
et 00 lO
iO CO ^
<N N
I I I
C Ih C
bo o bo
CO
_Q
3
Q
OQ U
X
c8
H
>

JS
*-<
>
C ^ ~
2
| 2
1 <a
w

o
*
o
3
ol
J
V
s
s a s s
2850
RESULTS OF REFERENDUM ELECTIONS
9
i
at
0
o o
s!
rlrf
N H 10 CO kO
ooa
_ SsSssS
&< <! fa < m fc <;
21
o M
fa <
H
O
W
*7
a
D
t/3

4) .
M o
0
0
O
u
o
flB o
E*E
JK 2
o e
o f*
05^
vt*
o o
o
ft*

v*
o
>
o o oo
^ H H
O CO kO
t- ad
N <M CO
M
E
A S
O 3
Oh m
D
3
O
^COt-OOJH
t- CO *-* CD
56S&&6
*<
0)010000
<0 91
CO
h Ut U* kH u u
o o o o o o
111
vtHoin^io
M
RESULTS OF REFERENDUM ELECTIONS
2851
WOlO'fWHOOHNt^'I'H^'OWWOTJ'HW*
lO rH i-H t* Cs| W 0 CO CO tH tO 00 t-l/5 00
*-H tH -H CO iQ OJ CO NO LQ f
ltO<Hl/5C^I>00t-
CONNOOCONM
t~ iO
s
as
IIBIWlBl1IMIBBMIH
rLpLHLCLBLCLMLCLpLpliCLfiLCldPh^
_o M_o M_0 WI_o Mo M_0 M_o Mo Mo Mo MoMoMoMoMoM

Georgia Laws, 1962:
2852
RESULTS OF REFERENDUM ELECTIONS
OS
H
U
H
n
OQ
P
CO
6
9
O
00
O CO
Y #>o4
g^S
SwSw j, i
|00|S&
5 Jo
Oi ;
1
O I
o
o
. 9
TC^Ht'^t-H^t-t^lOOWWa i2 I o
COCOiOTt<04COOI>04LOi-H Tfoo a p C Cifl
04 (M 04 04 04 hh^ b3 bOio
II I I I II I I II | | | 1||II
ofcfoMotmo&o&o S.P & o S'? S o
= I S I
S >Hn ^
^ O ^ O
jotnoj
5 00 04 04
5Hr
C
be O
<Jfe
c ^ c
bO O be
fid 00 00 00 00
04 04 04 04
III!
o CO CO CO CO
B
B
o
u
o
>>
o>
'O
9
Q
c
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o
H
2
3 0)
9 r<
s|
2j
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>
o.-d
CJO
c
08
2
c
c8
W
o
>>
c
08

C
C8
s
W
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>
o
o o o o
o

CO
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5
cj
00 04 ^ CD
04 A a
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04 CO 04 04
04 04 04 04 04
0)
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w **
c
<D
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9 ^
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4)
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CO
L.
9
s
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bo
c
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04
'Z
a
B
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bo
c
5 o
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04
bo
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Georgia Laws, 1962:
RESULTS OF REFERENDUM ELECTIONS
2853
4)
OS

"O TJ
0> QJ .
S-S S cl c.soioh
u
in HH 1H
._L ^ *h Ilya C _
^ -H o o bfi_o bp o . h o tfi o bfi
fig *H F*
V W - ^OOMOMO * H o tu O W
WWW ts o e o
H
V
W
oa
p
cn
ti o
U
CM
CO
l>
U

ccS
Q
I I I
| s. I
H 3 ^
CJ
c8
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o
>
5 o 5
o
>
I
08
i e
n
I put
a
P
c
5
be
c

c
>
c8

2854
RESULTS OF REFERENDUM ELECTIONS
9
8
as
H
V
H
o
09
CO
HnOHOiootDON(OHtOTfMiooa(Dioci
oo ** tt a t- yf co to eo eo *-< in *-i t~ t-t o CO O' 04
IO CO -l CO O i-H 40 00 CO 04 to CO 40 CO C- -t OJ-CJ*
L C L C t, C t. C t. C t. C 1. C f . C t. C 4. C t. C
o^o^o^otfio^lo^lo^o^oticotico^
CO O S
2? *
:i!
C tad I
O '
CM
II
u G..
O Ul-u ~
r_ ^ U 7
I G) X
G
T3
c
cd
x
C/3
CO
CO
o
CM
c3 cd
ICQ CQ

o
-*->
hi
al
CQ
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M 0)
cd o,
1 i
I T
:Q O
a
3
m

3
a
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CO
00
a

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cd
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d
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td
O
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9
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00
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CM
o
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CM
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CO
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O
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CM CM CM
r-* CO
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CM CM
ad
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cd
CQ
cd
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ad
CQ
ad
CQ
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Jg
o
X
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c
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>
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G
X
X
o
O
3
o-
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Georgia Laws, 1963:
RESULTS OF REFERENDUM ELECTIONS
2855
00 U5 CM
o rr
*5 OOWO

P
t
at
Ih U U O
to w bc* r.
I --.g
i -3 2 ^
&'5B m 3 9
o o oh-a* s | a
fefcfa iO t.
05 Tf
tO C<J
to to
00 O H eH t> ?> rH 05
O) t* N t" I |Cat>05t-
t> UO rj< U5 | I eI tr OJ
i IMMI 111
O Mo bflCOCO O Mo M
o o
raw
tT U0 CO 05 Tf H O 05
io-HCO<Oiooj<ot-
OJ D 00 < CO CO *H
CO -H
u El u Bv ^ EL u EL
oMoMoMoM
Georgia Laws, IMS
2856
RESULTS OF REFERENDUM ELECTIONS
s
X
M IS
S"
Oh
h
o
H
a
>
CO
v .
bC
a*

d
o
u
OllOOCOlOtOWt-OJCOlOOOt-MTfOlr^O
CO 05 CO ^NQN^Of-tOONtOHOOCO
NNH r-t HNCDt-OOt-COWHNH
i i 11 1111 i i77777 i7 i
OtloaloSlottotXotitO^oMoM
8
p$
o
PQ
M
o
s
o S :
S " o
PQ O
g
a
(4
ttf
o
Pu
c
o
o
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o.
g
o.
g
o
PQ
>%
4J
O
3 o
eg
3- o
H -a
L
X 08
68 O
H
PQ
> 2
c *
o
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'5 O
t. x
c8
O H
08
g
o
X
Eh
C +>
D
H
08
is
08
is
is *
Georgia Laws 1964, January-February session:
RESULTS OF REFERENDUM ELECTIONS
2857
O O
oS
*
wQ
8
3
D
73
co
00 3 c
3 CO >
00 (V
1 . K C
I gw
, B.S-w
i bC-*-> O
>85
3
coco
t-
0)00
coococ
HOf
< coC
4 O) *
5 tH ** OS
0)0)
'<* tH rf
OS uo to
O)
I <J
S 5
fa <
O too
fa <Jfa
C u
too
<Jfa
bo O
<Jfa
c u c
bo O bo
<Jfa*<
HC0
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i ii i *s i il,, _
g &S & g g .2.2
fr<Jfa<J fa
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a
<+-(
o
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H
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o
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c
o
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5
p.

o
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B
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H
c
0
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73
<4-1
O
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o
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rp JT- .T- os
| IS - U O
c
1
c
D
O
S
o
O
o
m
o
o
s*
oq

.c
4->
0
X
O
0
M
jC
O
D
O'
U
bo
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O
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c
5
fa
c
c
1
O
c
0
E
0
E
0
E
(Repealed by Ga. L. 1964, Ex. Sess., p. 2342)
2858
RESULTS OF REFERENDUM ELECTIONS
a
S
ai
a
O o
a
Qw
H
q
w
CO
D
CO
O 8
bO o
a
0
o
O
co
Hoinoow 5
t-!0000 ^
o> - os c- a t- ^2

*H co
iiii i i ii
o & o 6o &- O o &
fa<Jfa<Jfa<J QJ^fa^J
00 CO
co g a
oo .2
H rH
I 111 I I
Lj G 0 Ld P L
O bO o M o
fa *< eo fa <J fa
00 J I
i a
00 T
fafa
1 I
c!S l.
bfi 09 o
W
5 OO
i* .ti
U
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4 &>'js o
< afa
o
o
oo

<Jfa
rH
00 00
CM
G ^
bO o
<Jfa
00
TH CO
NHOO
bo o &>
<Jfa<!
2
IS
X
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G

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x
03
H
3
X
T3
T3
G
o3
X
co
O
>
0

o
O
c
3
o
O
a

o
<J
u
03
o
CQ
o
CJ
cj
a

o - -
CQ CJ
X
CO
o
>>
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H
o
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m
00

I
I
9
X

5
3
a
3
Q
S 2 S S 2
G
O
2
>
0
cfl

fa
fa
ctf

o
X
E-
H H
Georgia Laws 1964, January-February session:
RESULTS OF REFERENDUM ELECTIONS
2859
Georgia Laws 1964, Extra Session:
2860
RESULTS OF REFERENDUM ELECTIONS
Tff Nl-H 3 C
it-o>
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Georgia Laws, 1965:
RESULTS OF REFERENDUM ELECTIONS
2861
CiCOCOCO-^C^HOO 2 S 3 EoOOOOOOOt>CMt>LO<MlO
OOiOCO(MTrOOI> 0) > cn 1> (N a 't 00 Tj< t-lO H t-f
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COW COCO CO
Sec. 6 For6
Sec. 7 For6
Georgia Laws, 1965:
2862 RESULTS OF REFERENDUM ELECTIONS
Each of these acts has an effective date of January 1, 1966.
Georgia Laws, 1966
RESULTS OF REFERENDUM ELECTIONS
2863
|oooi^Tjr-
i<N t- o O CO
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2864
RESULTS OF REFERENDUM ELECTIONS
N U5 ^ t-
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Georgia Laws, 1967:
RESULTS OF REFERENDUM ELECTIONS

oo as
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2865
2866
RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS
2867
fa
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Georgia Lawg, 1968:
2868
RESULTS OF REFERENDUM ELECTIONS
m
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55
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Georgia Lawa, 1968: ___________________________________________
County P'e SUBJECT Election Reult
Chattahoochee .. 2717 County Board of Education... 7-12-68 For
RESULTS OF REFERENDUM ELECTIONS
2869
03
ass
'^ONlOiOHOOOOlOMOHTfWt'OliaoOfOUOOlOWH
N^lOTfOOO'fHTfNhOOlCOOONOJCDiOWOCO S
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Georgia Lawa, 1968:
2870 RESULTS OF REFERENDUM ELECTIONS
t* OI fc-
c
a o 3
ii
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to O M O) IO
t- Ol H lO O lO
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^*CJOOCOCO^fOO-t*-*t-
^ N *- N D 00 I 00 CO
t I II I I I I I I I I I I 1 I I I I
u u
o o
RESULTS OF REFERENDUM ELECTIONS
^DOOOUiN05NiOt-OJiO
O^NOOOH(Ot'ff)i/)iOOOOtO
-TH0^TfC0 t- N N H M t- N
O Tji H lO Tf
o bo o bo o bO o bo o bo o bo o bo o & o bo o bo
2871
Wilkes .... 3462 Town of Rayle
Georgia Laws, 1969:
2872
RESULTS OF REFERENDUM ELECTIONS
Georgia Laws,
RESULTS OF REFERENDUM ELECTIONS
2873
2874
RESULTS OF REFERENDUM ELECTIONS
as
C
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3900 ! Coronercompensation
RESULTS OF REFERENDUM ELECTIONS
2875
! i
> 00 o
( 10
J t- Oi rH t> CO
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bo o bo o bo
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2876
RESULTS OF REFERENDUM ELECTIONS
t-C^OOCDOiOilOiOt-OiOitfacOCOlO
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CO CQ CO CO CO OJ -H t> Tl* OI C- lO
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woboobfiobfiobtobAobiobi
Georgia Laws, 1970:
RESULTS OF REFERENDUM ELECTIONS
2877
OJ 05 00
00 to 1
+ UO
I I I OOWONhOONW
I />| |OiDCO^tOJOOOOt>
00 CO rH
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N Wt-H^COt-OO
mmm bib !m wkkm
Ss S3 I S S 5>S S>S &S &.2.2 8 is 61 S 63 1 | S| &
OPo ^ O
t>
C3C CON ,WO^Nr0wNw
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o ,3 o C ^ r U riMM

I I
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2878
RESULTS OF REFERENDUM ELECTIONS
I
>00 00
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co
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00 03
01
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03
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9

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3
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RESULTS OF REFERENDUM ELECTIONS
2879
i/503Lf5C0CMa3T*C0
HXHNOOlflt-H,
J H N N ifl CM
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Georgia Laws 1971, January/February session:
2880
RESULTS OF REFERENDUM ELECTIONS
HlOHCOCO
M 6
Tf CDC0030 c'4'NSht)<00OOC1Nt!J
t O <M ^ C CN
t?
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RESULTS OF REFERENDUM ELECTIONS
2881
Georgia Lawa 1971, January/February session:
2882
RESULTS OF REFERENDUM ELECTIONS
i I
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Laws 1972, January/February session:
RESULTS OF REFERENDUM ELECTIONS
2883
i N e
00 O CO lO
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Georgia uwi 1972, January/February session:
2884
RESULTS OF REFERENDUM ELECTIONS
4)
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Georgia Law* 1972, January/February aegaion:
RESULTS OF REFERENDUM ELECTIONS 2885
4>
X
tO rH
I O
a oo

a*
HO 6 C
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HBB
S&5
3
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--- _ ----------- to wH ^4 Oito to CO
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to to'O' HO 00 Tf to to o t
04 H rH CO
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i I i I i I i I i I i I i I i I i 11
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2892
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2893
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
2894
RESULTS OF REFERENDUM ELECTIONS
COUNTY
Yes No
Fayette ....
Floyd ......
Forsyth
Franklin
Fulton.....
Gilmer.....
Glascock
Glynn .....
Gordon ....
Grady .....
Greene......
Gwinnett
Habersham .
Hall .r.....
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 ......
Polk ......
Pulaski
Putnam ....
1,752
5,764
1,415
513
56,902
674
96
2,067
1,477
524
962
8,846
1,215
5,111
363
1,289
908
420
351
2,125
4,338
285
2,166
352
250
405
279
373
826
748
115
1,839
410
385
236
149
2,069
1,043
541
731
167
707
508
1,501
83
697
906
206
791
414
10,456
1,832
848
698
1,350
874
536
311
652
1,973
430
565
2,153
7,222
1,576
1,502
38,497
825
201
2,658
1,428
1,273
1,101
10,024
1,281
3,714
503
1,616
1,322
1,408
417
2,638
5,170
676
2,042
493
522
1,380
489
990
1,147
855
290
3,649
837
567
565
254
3,382
504
765
883
368
1,336
418
1,520
210
1,688
1,058
611
1,186
492
12,112
2,364
877
684
1,643
1,339
443
540
713
2,009
566
545
COUNTY
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
RESULTS OF REFERENDUM ELECTIONS 2895
Yes No
85 142
618 701
334 790
7,477 11,596
1,811 2,032
117 171
514 740
309 588
2,867 3,258
698 1,673
183 329
1,119 1,925
320 326
70 192
484 960
520 741
359 977
456 1,062
1,315 2,173
940 1,716
975 1,640
535 247
333 630
2,550 3,831
334 870
427 696
1,330 548
2,145 2,115
2,104 2,264
1,397 1,786
1,363 1,910
173 364
1,035 2,037
660 1,118
99 127
257 698
941 562
2,030 2,274
239 759
439 1,531
395 765
423 1,203
434,559 363,947
Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in
part by the Georgia Supreme Court in Rutledge v. Gaylord s, Inc., 233 Ga. 694,
decided February 13, 1975.
Georgia Laws, 1975, January/February Session:
2896
RESULTS OF REFERENDUM ELECTIONS
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Date of Presidential Preference Primary 5-4-76.
#Date of General Primary 8-10-76
2898
RESULTS OF REFERENDUM ELECTIONS
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Newton ...... 35C5 Co. Brd. of Educat' election districts..... 5-25-76 Yes: 3,227 No: 1,167
Oconee....... 3935 Co. School Superin ntappointed .......... 11- 2-76** Yes: 1259 No: 1863
Richmond .... 4297 Augusta-Richmond County unified government......5- 4-76* Yes: 11,027 No: 13,417
Georgia Laws, 1976, January/February session:
RESULTS OF REFERENDUM ELECTIONS
2899
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RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS 2901
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RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1979 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
2903
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2904 RESULTS OF REFERENDUM ELECTIONS
General Assembly
RESULTS OF REFERENDUM ELECTIONS 2905
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For any information regarding these
ACTS and RESOLUTIONS please contact
DAVID B. POYTHRESS
Secretary of State
rs

NlVjERS TY OF GEORGIA LIBRARI
3 ElDfl
3E5G 7D
0011 not 6IR6UWSfe

Acts and resolutions of the General Assembly of the state of Georgia, 1982, volume I

Locations